HomeMy WebLinkAboutLL 1996 #2 Amend Subdivision Regs NEU YORK STATE DEPARTMENT Of SiATE
. OCiltl Law Filing L 162 tiASNINGTOH AVENUE; ALBANY. NY i2231
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Qetrnt • • •
_GU,- of DANBY •
Town
•
Local Law No. • 2 of the year 19 :96.. . . .
AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW.
A local law YORK
(Inien Title) •
Ile it enacted by tiio TOWN BOARD OF. DANBY. of the •
(lama of Le&ietative Body) •
.�.�.,_ DANBY '
Town of AS follows:•
• . . .
Section 1. • The Subdivision Regulations of the Town of Danby, New York,'as adopted.by the
Town of Danby Planning Board on December 5, 1991 and approved by the •['own of Danby Town
Board on December 11, 1991, are hereby anlellded as set forth in the following sections: •
•
Section 2. The present Section 100. Authorization, is deleted, and a new Section 100. •
Authorization, is inserted to rend as follows: •
"Section 100. Authorization.. •
1.• These regulations shall be known and cited as the "Subdivision Regulations of the 'town of
Danby, New York". •
2. The power to approve, approve with conditions, or deny subdivision plats is vested in the •
Planning Board as provided by these*regulations. .
3. The Planning Board is authorized to develop and enforce standards for the control of land •
subdivision and to approve plats for subdivisions and for new streets within the Town of .
Danby, and to exercise all other powers delegated to it by the Town Board.
•
4. The Planning Board is empowered at the time of the approval of a plat either to confirm.thc
zoning regulations of the land so platted as shown on the official zoning map of the Town or
' to make any reasonable change therein, upon following the procedure required by Section 278
of the Town Law.
5. The Planning Board is authorized to require developers to submit a Clustered Subdivision plan
• whenever the Planning l3o trd believes that the application of such procedure would benefit •
• the Town. .
. (If additional space is needed, attach pages the same size as this sheet, and number each)
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nnc.110 fin..,.• 7,9n' •
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6. The authority of the Planning Board to require clustered layouts of-subdivisions is limited by
the conditions of Article 11I of these regulations, and by the provisions of Section 278 of the
Town.Law.
7. Whenever any subdivision of land is proposed to be made, before
A. any contract for sale is executed, or
13. any offer to sell any lot in such subdivision is made, or
C. any building permit is granted for new constriction on proposed lots of the
subdivision, the subdivider or the subdivider's duly authorized agent shall obtain any
required approval of such proposed subdivision from the appropriate authority in
accordance with the requirements and procedures set forth herein."
Section 3. The present Section 101. Purpose, is deleted, and a new Section 101. Purpose, is
inserted to read as follows:
"Section 101.. Purpose.
1. The subdivision regulations are intended to guide and protect the.community's nity s physical,social.
and aesthetic development, and to help the'town of Danhy grow in an orderly, efficient, and
economical manner which maintains and reflects the individuality of the Town and the
character of the Town as a rural community and a beautiful and desirable place in which to
live. In no way are the subdivision regulations designed or intended to create a hardship for
any person or group. Rather,these regulations are considered part ofan overall plan to protect
all of the citizens of Danby and to a.id all who wish to sell or develop a piece of land.
2. The regulations, standards, and procedures contained herein are developed to ensure the
following:
A. that the health, safety, and welfare of the "Down's inhabitants are promoted;
B. that land to be subdivided is suitable for building purposes without creating dangers
to health or peril from fire, flood, or other menace;
C. that all proposed lots be so laid out and of such size as to be in harmony with the
development pattern of the neighboring properties and with the character and contour
of the land;
D. that proper provision is made for drainage, water supply, sewerage, highways, open
space, and other needed improvements;
E. that all proposed streets compose a convenient system and be of such width, grade,
and location as to accommodate the prospective traffic, and provide access for
emergency services and fire fighting equipment;
F. that proper provision is made for parks, playgrounds, and significant open space;
(2)
G. that there is optimum overall conservation, protection, development, and use of the
environmental resources of the Town of Danby."
Section 4. The present Section 104. Administration, is deleted, and a new Section 104
Administration, is inserted to read as follows:
"Section 104. Administration.
1. These regulations shall be administered by the Planning Board in cooperation with the Town
Board and other agencies, and shall be enforced by the Code Enforcement Officer and by any
other agent that the Town may designate. Any applicant for subdivision approval or other
person who is aggrieved by a requirement or determination of the enforcing officer or agent
affecting the interpretation, applicability, compliance with or enforcement of any of these
regulations may appeal to the Planning Board for a review of the requirement or determination
by the Planning Board in accordance with the provisions of Section 110 hereof entitled
"Appeals and Waivers."
2. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall
apply in writing to the Planning Board for the approval of the subdivision, except as this
requirement may be modified as further provided in these regulations. This application shall
confirm to the specifications set forth in these regulations.
3. Until the Planning Board has given final approval of any application for the approval of a
subdivision, and the subdivision map has been filed in the offices of the Tompkins County
Clerk and the Town of llanby'l'own Clerk bearing the approval of the Town Planning Board
and all other required endorsements and complying with these regulations and all requirements
of law, no building permit for construction or other work on the property shall be issued nor
shall such permit be valid if erroneously issued, and no lot in the subdivision shall be sold,
except as this condition may be modified as further provided in these regulations. Any such
action or any work done on or with respect to the lands in the subdivision or any expenses
incurred prior to final approval shall be at the peril of the owner of the land or the applicant
and shall not give rise to any claim for damages by the landowner or applicant."
Section 5. The present Section 105. Public 1-learings, is deleted, and a new Section 105. Public
Hearings, is inserted to read as follows:
"Section 105. Public Hearings.
1. Notice of public hearing shall be published in a newspaper of general circulation in the Town
of Danby at least five(5)days before the Planning Board meeting at which the application is
to be considered, and shall comply with the requirements of Town Law. Such notice of public
hearing is the only notice legally required.
2. However, in order to promote public information and participation in subdivision review, a
similar notice of such hearing shall either be mailed or delivered by the applicant to all owners
of property within 500 feet of the boundaries of the property under consideration. The
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Planning Board may, in its discretion, require that property owners within a distance of more
than 500 feet of such boundaries be notified, and/or may direct Town staff to conduct the
notification. Such mailing or delivery shall occur no less than five (5) days prior to the date
of the public hearing. The applicant (or the Town staff conducting the notification) shall file
proof of such mailing or delivery with the Planning Board no later than the date of the hearing.
3. Failure to notify property owners near a site for which a public hearing is scheduled shall not
be a jurisdictional defect and any action taken by any board, employee, or agent of the Town
in connection with such public hearing shall not be nullified or voidable by reason of the
failure to provide such notification. However, the failure to provide such notification may be
grounds, should the Planning Board in its discretion so determine, to decline to conduct a.
scheduled public hearing. The Planning Board may, on good cause shown, waive the above
described policy of property owner notification."
Section 6. The present Section 111. Amendments and Rules, is deleted, and a new Section 111.
Amendments and Rules, is inserted to read as follows:
"Section 111.. Amendments and Rules.
1. These regulations may be amended lion► lime to time as provided by law."
Section 7. The present ARTICLE II, REVIEW ANT) APPROVAL PROCEDURES, is deleted,
and a new ARTICLE II,REVIEW AND APPROVAL PROCEDURES, is inserted to read as follows:
"ARTICLE 11
REVIEW AND APPROVAL PROCEDURES
Section 200. General Procedures.
1. The procedures for Sketch Plan,Preliminary Plat, and Final Plat review shall be as provided
for in these regulations and Town Law, Sections 276 through 279 as they may from time to
time be amended. All application materials and other necessary information shall be in full
compliance with the provisions of Town Law and these regulations except where variations
therefrom may be specifically authorized by the Planning Board.
2. Any action or determination of the Planning Board approving an application, in whole or in
part, whether final or preliminary, shall be revocable, in whole or in part, if the action or
determination was made in reliance on any misrepresentation, concealment, or fraudulent act
or statement by the applicant or was based on a mistake as to a material matter.
Section 201. Subdivisions - General Description.
(4)
1. Subdivisions are classified as follows:
A. LAND ANNEXATION -The transfer to title of land from its owner to an abutting
owner, for consolidation with an abutting lot, provided that in such transfer:
i. the remainder of the parcel from which the transfer is made meets ap-
propriate zoning requirements; and
ii. no extension of an existing, or creation of a new, public road or public
water or sewer utility is involved.
13. RURAL LAND 1)IVISiON - A Conventional Subdivision of land into two (2) or
more lots, in which:
i. all lots contain more than live(5)acres(excluding land within a public
road right of way); and
ii. all lots meet all other pertinent zoning requirements; and
no extension of an existing, or creation of a new, public road or public
water or sewer utility is involved.
C. MINOR LAND DIVISION-A Conventional Subdivision of land into no more than
four(4)lots, where at least one (1) lot is 5 acres or less in area(excluding any land
within a public road right of way), in any period of three (3) consecutive years, and
which:
i. cunl�urtns with all pertinent zoning rcquirenienk;
ii. does not involve extending an existing, or creating a new, public road
or public water or sewer utility;
iii. has all of the lot frontage on roads depicted with a Solid line, as
opposed to a Dashed line, on the Zoning Map of the Town of Danbv;
iv. is not in, or within 250 feet of a designated Critical Environmental
Area, designated freshwater wetland, Area of Special Flood liazard as
defined in the Town of Danby's laws relating to Flood Damage
Protection, or other designated area specially protected by legislation
of any local, county, state, or federal governmental body; and
v: does not include on more than 50% of the total land area slopes
greater than 15%.
For the purpose of calculating the number()licks that are subdivided in any period of
three(3)consecutive years, any lots in the Minor Land Division which exceed 5 acres
in area shall be excluded from calculation.
D. MINOR SUBDIVISION -
i. Any Conventional subdivision of land(other than a Land Annexation,
Rural Land Division or Minor Land Division) into not more than live
(5) lots which:
(a.) conforms with all pertinent zoning requirements; and
(b.) does not involve extending an existing, or creating a new,
public road or public water or sewer utility; and
ii. Any Clustered subdivision involving not more than five(5) lots which
does not involve extending an existing, or creating a new, public road
(5)
,
or public water or sewer utility.
E. MAJOR SUBDIVISION- - Any subdivision other than a Land Annexation, Rural
Land Division, Minor Land Division, or Minor Subdivision.
2. Minor and Major Subdivisions are further classified as Conventional and Clustered
subdivisions as set forth in Appendix A - Definitions.
Section 202. Subdivisions - General Provisions.
1. The following general provisions apply to various classes of subdivisions:
A. A Land Annexation is exempt from subdivision approval by the Town.
B. A Rural Land Division is exempt from subdivision approval by the Town.
C. A Minor Land Division requires a Minor Land Division Permit from the Town Code
Enforcement Officer.
D. Both Minor Subdivisions and Major Subdivisions require approval by the Town
Planning Board. Both the extension of an existing and the creation of a new public
road or utility require approval by the Town Board.
Section 203. Clustered Subdivisions.
1. A subdivider may request, or the Planning Board may require, the use of a Clustered
Subdivision design, in which case the subdivider may be required to present along with the
Clustered Subdivision proposal in accordance with the provisions of Town Law Section 278
and of Article llI herein, a.sketch plat of a Conventional Subdivision.
Section 204. Recreational Open Space Reservation.
1. The Planning Board may require the reservation of a portion of a subdivision for recreational
open space, pursuant to the provisions of Article iV.
Section 205. Tompkins County Department of Health.
1. Tompkins County Department oil health approval may be required for any subdivision. Early
contact by the subdivider with this department is advised.
Section 206. Minor Land Divisions - Permit Procedures.
1. Application. The application for a Minor Land Division Permit shall be submitted to the Code
Enforcement Officer for review. The application shall include a Sketch Plan conforming to
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the requirements of Article VII, a written application on a form approved by the Town Board,
and a permit fee as'established from time to time by the 'Town Board.
2. The Code Enforcement Officer shall review the application, determine its completeness,
confirm the classification of the subdivision as a Minor Land Division, and render a decision
either issuing or denying the permit within 30 days after receiving the completed application.
Any person aggrieved by any such decision may appeal the decision to the Planning Board
pursuant to the provisions of Sections 104 and 110 of these regulations. •
3. If the subdivision cannot be classified as a Minor Land Division, Land Annexation, or Rural
Land Division, then the Code Enforcement Officer shall classify the subdivision as a Minor
Subdivision or a Major Subdivision, as the case may be, and shall direct the applicant to file
an application for consideration by the Planning Board.
4. The final plat for Minor Land Division shall be certified by the Code Enforcement Officer as
having been granted a Minor Land Division Permit and shall be filed in the offices of the
"Town of Danby Town Clerk and the Tompkins County Clerk within two (2) years after the
date that the Minor Land Division Permit is issued. lithe final plat is not so certified and filed
within that two-year period, the Minor Land Division Permit shall expire.
Section 2117. Minor and Major Subdivisions - Processing and Review Steps.
Minor Subdivisions shall be processed in the following steps:
A. At the option of the applicant, a Sketch Plan conference.
B. Application for Final Plat approval.
C. Planning Board review of Final Plat.
D. Public Hearing.
E. Planning Board action on Final Plat.
2. Major subdivisions shall be processed in the following steps:
A. At the option of the applicant, a Sketch Plan conference with the Planning Board
and/or the Town Board.
13. Application for Preliminary Plat approval.
C. Planning Board review of Preliminary Plat.
D. Public Hearing.
E. Planning Board action on Preliminary Plat.
F. Town Board consideration of acceptance of proposed location and maintenance of any
public roads and other facilities.
G. Application for Final Plat approval.
H. Planning Board review of Final Nat.
I. Public Hearing (optional).
J. Planning Board action on Final Plat.
Section 208. Minor and Major Subdivisions - Sketch Plan Reviews and Pre-Application
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Information.
1. At the option of the applicant, the applicant may present preliminary ideas in the form of a
sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a
Planning Board meeting. The requirements for the Sketch Plan application submission are set
forth in Article Vii.
2. The subdivider should inquire of the Code Enforcement Officer as to the overall requirements
of these regulations. That Officer will be available to help the subdivider understand the
improvements and restrictions which the Planning Board could be expected to impose upon
the development,as presented. The Officer and the subdivider should work together to ensure
that the project will meet the requirements of these regulations as well as any additional
requirements the Planning Board may impose.
3. If the subdivision is complex or extraordinary in scale, the applicant may present informally
the Sketch Plan to the Planning Board and/or Town Board for each Board's comments prior
to the preparation of a Preliminary or Final Plat. This Sketch Plan review may save the
subdivider time and expense in the planning and design of the project.
4. Subdivisions classified as Minor may, at the applicant's option based on initial conference or
sketch Plan review, proceed directly to preparation ofa Final Plat without submission and
approval ofa Preliminary Plat.
Section 209. Major Subdivisions - Application for Preliminary flat Approval.
1. Filing. All major subdivisions shall he subject to the Preliminary Plat requirements specified
herein and in accordance with Town Law, unless otherwise specifically exempted.
2. Application.The subdivider shall file an application for the consideration ofa Preliminary Plat
on forms available from the Town Clerk accompanied by all documents specified in Article
VIi herein. The application shall he filed at least twenty (20) days prior to the meeting at
which it is to be considered by the Planning Board.
3. Study of Preliminary Plat. The subdivider, or his duly authorized representative, shall attend
the meeting of the Planning Board to discuss the Preliminary Plat. The Plat shall be reviewed
for compliance with any previously reviewed Sketch Plan, including any required
modifications; with the provisions required elsewhere in these regulations; and with any other
applicable laws, rules, and regulations.
4. Public Hearing for Preliminary Plat. Following the review of the Preliminary Plat and
supplementary material submitted for conformity to this law, and following discussions with
the subdivider on changes deemed advisable and the kind and extent of improvements to be
made by him,the Planning Board shall hold a public hearing. This hearing shall be held within
sixty-two(62)days of the receipt of the completed Preliminary Plat application by the clerk
of the Planning Board, except as such schedule may be modified for compliance with other
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laws and regulations, or with the consent of the applicant. The notification procedures
provided in Section 105 of these regulations, entitled "Public 1-learings", shall apply to any
such hearing.
5. Action on Preliminary Plat. Within sixty-two (62) days after the public hearing for the
Preliminary Plat, the Planning Board shall approve, with or without modifications, or
disapprove the preliminary plat and state the reasons for modifications or disapproval in the
Planning Board records. The time in which the Planning Board must take action may be
extended for good cause, for compliance with other laws and regulations, or upon mutual
consent of the subdivider and the Planning Board.
6. Actions on Preliminary Plat. Following Preliminary Plat approval, the subdivider may proceed
to stake out roads and lots, to prepare final plans and any engineering plans showing
information and data required by these regulations and other applicable provisions of law. The
subdivider shall also furnish such other information as may be lawfully and reasonably
required by the Planning Board.
7. Requirement of Final Plat Approval. Approval of a Preliminary Plat shall not constitute
approval of the Final Plat. The Preliminary Plat shall be a guide to the preparation of the Final
Plat. The act, in itself, of the Planning Board in granting Preliminary Plat Approval shall not
be interpreted to create a presumption, or in any way imply, that the Planning Board will give
final approval to the subdivision if all conditions contained in the preliminary approval have
not been met to the satisfaction of the Planning Board or if the Planning Board determines that.
the subdivider has not met all other requirements of any applicable rule, regulation, code or
law or any other requirements which the Planning Hoard may reasonably impose before any
final approval is given.
Section 210. Minor and Major Subdivisions - Application for Final Plat Approval.
Applicability. All Minor and Major Subdivisions shall be subject to the Final Plat
requirements, as specified herein and in accordance with Town Law.
2. Application. The subdivider shall file an application for the consideration of a Final Plat on
forms available from the Town Clerk accompanied by all documents specified in Article VII
herein. The application shall be filed at least twenty (20) days prior to the meeting at which
it is to be considered by the Planning Board.
3. Time of Application. If the application for Final Plat approval is not submitted within six (6)
months after the approval of the Preliminary Plat, the Planning Board may refuse to approve
the Final Plat and may require resubmission of the Preliminary Plat.
4. Public hearing. Unless waived as set forth below, a public hearing shall be held by the
Planning Board within sixty-two (62) days from the date that a completed Final Plat
application is filed with the clerk of the Planning Board, except as such schedule may be
modified for compliance with other laws and regulations, a.nd with the consent of the
(9)
applicant. The notification procedures provided in Section 105 of these regulations, entitled
"Public Hearings," shall apply to any such hearing.
5. Waiver of Public hearing. The Planning Board may waive the requirement for the public
hearing on the Final Plat when the Planning Board deems the Final Plat. to be in substantial
agreement with the Preliminary Plat and with any modifications required as conditions of the
Preliminary Plat approval.
6. Action on Final Plat. The Planning Beard shall by resolution approve, conditionally approve
with or without modification, or disapprove the Final Plat, with any reasons for modification
or disapproval stated in the Planning Board records. This action shall occur within 62 days
from the date of the public hearing on the Final Plat, or within 62 days after receipt of the
completed Final Plat application by the Town Clerk if no hearing is held, unless the timeframc
is extended for compliance with other laws and regulations, or with the consent of the
applicant. The Planning Hoard may also, for good reason, cause the extension of this review
period. The subdivider shall be notified of the final action of the Planning Board by mail
within 5 days of si.uch action.
7. Additional Requirements for Approval of Final Plat. Such approval shall, however, not be
deemed final until the subdivider has complied, where applicable, with the provisions of the
Hollowing paragraphs:
A. The subdivider shall tender"offers of cession", in a form certified as satisfactory by
the Town Attorney, of all land included in streets, highways or other public
improvements. However, approval of the plat by the Planning Board shall not consti-
tute acceptance by the Town Board of any street, highway, or other public
improvements.
B. The subdivider shall obtain and file with the Planning Board a letter from the
Tompkins County Department ofHealth indicating satisfactory design compliance with
any applicable provisions of the Tompkins County Sanitary Code or other State or
local law or regulation.
8. Conditional Approval of Final Plat. At the time of a resolution granting conditional approval
to a Final Plat,the Planning Board shall empower a duly authorized officer of the Planning
Board (Chairperson or Acting Chairperson) to sign the plat subject to completion of the
requirements stated in the resolution. Upon completion of the requirements, the plat shall be
signed by said duly authorized officer. The subdivider has 180 days to satisfy the
requirements on which the approval has been conditioned and obtain the certification of the
designated officer. This period may be extended by the Planning Board if in its opinion,
circumstances warrant an extension, for up to two 90-day periods beyond the 180 days.
9. Filing of Final Plat. Upon completion of any requirements imposed by the Planning Board
as part of Final Plat approval, and notation to that effect upon the Final Plat, the Plat shall be
deemed to have final approval and shall be properly signed by the appropriate officer of the
Planning Board. Said signed Plat shall be filed in the Office of the Tompkins County Clerk.
(10)
Any Plat not so filed or recorded within sixty-two (62)days of the date upon which such Plat
is approved or considered approved by reasons of the failure of the Planning Board to act,
shall become null and void. No Plat shall be accepted for filing by the Tompkins County
("Clerk unless it has been duly approved by the Planning Board in accordance with these
regulations.
10. Modifications of the Final Plat.
A. If there are modifications of the final plat requested by the subdivider subsequent to
its filing in the office of the County Clerk,such requests shall be made in writing to the
Chairperson of the Town Planning Board (or such other person such as the Code
Enforcement Officer duly authorized by resolutions of the Planning Board and Town
Board),who is hereby empowered to approve minor, practical modifications on behalf
of the Planning Board. The Chairperson (or other person so authorized to mak.c
changes) shall report any modifications approved by such person to the Planning
Board at its next regularly scheduled meeting. Approval of said modifications shall be
noted by that Chairperson on the amended plat and the amendment should he filed in
the office of the Tompkins County Clerk.
13. When, in the opinion of the Chairperson of the Town Planning Board, the requested
modifications are substantial in nature, scope or extent, and materially afleet the sub-
division plat as approved by the Planning Board, the subdivider shall nut proceed
without the approval of the Planning Board. Such approval may be granted at any
public meeting of the Board called for this purpose. Upon approval of such
modifications,the authorized officer of the Planning Board (Chairperson or Acting
Chairperson)shall so note on the resubmitted plat before its filing as an amended plat.
C. No changes,erasures, modifications, or revisions shall be made on any Final Plat after
approval has been given by the Planning Board and endorsed in writing on the Plat,
unless said Plat is first resubmitted and modifications are approved as provided for in
this section.
`• V
Section 211. Filing of Plats in Sections.
Prior to granting conditional or final approval of-a plat in final form, the Planning Board may
permit the plat to be subdivided into two or more sections and may in its resolution granting
conditional or final approval state such requirements as it deems necessary to insure that the
orderly development of the plat be completed before such sections may be signed by the duly
authorized officer of the Planning Board. Conditional or final approval of the sections of a
plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently
with conditional or final approval of the plat..
2. in the event the subdivider shall file only a section of such approved plat in the office of the
Tompkins County Clerk, such section shall be filed with the Town Clerk within thirty (30)
days of the filing of such section. Such section shall encompass at least ten (1 0) percent of
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the total number of lots contained in the approved plat.and the approval of remaining sections
of the approved plat shall expire unless said sections are filed before the expiration of the
exemption period to which such plat is entitled under the provisions of Section 265-a of Town
la.w.
Section 212. Building Permit issuance.
"i'hc Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy
for any structure on any lot in any subdivision requiring a permit or approval hereunder, unless
the approved Final Plat is filed in the office of the "Tompkins County Clerk and the office of
the Town ofF)anbyTown Clerk, and until any other pertinent requirements have been met."
Section 8. The present Section 300. Introduction, Subsection 1 is deleted, and new Section 300.
Introduction, Subsection 1 is inserted to read as follows:
The Town Board has empowered the Planning Board to modify applicable provisions of the
Zoning Ordinance in the review and approval of subdivision plats, as provided in Town Law
Section 2.78 and as supplemented by the procedures and standards herein."
Section 2., The present Section 31)0. Introduction, Subsection :3 is deleted, and new Section 300.
Introduction, Subsection 3 is inserted to read as follows:
"3. A subdivider may request the use of Town Law Section 278, or the Planning Board may
require a subdivider to use this procedure, if, in the Planning Board's judgment, such use
would benefit the Town."
Section 10. The present Section 301. General Procedures, Subsection 2 is deleted, and new
Section 301. General Procedures, Subsection 2 is inserted to read as follows:
"2. Following review of the alternative Sketch Plats for conventional and clustered layout, the
Planning Board shall determine whether such information is adequate to determine the
maximum permissible density pursuant to the procedures of Town Law Section 278. Upon
a determination that such information is adequate the Planning 1.3oard may grant conceptual
approval to one of said alternative plats, and may condition that approval on plan
modifications, and the subdivider shall be permitted to proceed with an application for
Preliminary or Final Plat approval."
Section 11. The present Section 301. General Procedures, Subsection 3 is deleted, and new
Section 301. General Procedures, Subsection 3 is inserted to read as follows:
"3. Subsequent to such conceptual approval, the Preliminary and Final Plat application
requirements set forth in Article VII shall apply, except that, in addition, a clustered site plan
meeting the requirements of Town Law Section 278 shall accompany such application, along
with a statement describing prolxrsed modifications or supplementations of Zoning Ordinance
requirements."
(12)
Section 12. The present Section 301. General Procedures, Subsection 6 is deleted, and new
Section 301. General Procedures, Subsection 6 is inserted to read as follows:
"6. Determination on voluntary or required applications under this part shall he made by the
Planning Board based on the Sketch Plan, the Preliminary Plat, the clustered site plan, and on
other information required by these regulations, Town Law Section 275, SEAR, and other
applicable regulations."
Section 13. The present Section 701. Sketch Plan Application, is deleted, and new Section 701.
Sketch Plan Application, is inserted to read as follows:
"Section 701. Sketch Plan Application.
1. Any Sketch Plan submitted to the Code Enforcement Officer, Planning Board or Town Board
shall be based on tax map information or some other similarly accurate base map at a scale,
preferably not less than 400 or 200 feet to the inch, that enables the entire parcel which
includes the proposed subdivision to be shown on one sheet.
2. The following additional information shall be submitted, except where such submittals may
be modified or waived:
A. General subdivision information outlining the existing conditions of the site and the
proposed development.
13. Approximate locations of:
i. The portion of the parcel to be subdivided in relation to the entire parcel, and
to other contiguous lands in the same ownership.
ii. Abutting tax parcels and their numbers.
iii. The nearest existing streets and intersections, existing structures on or within
two hundred (200) feet of the area proposed for subdivision, significant
physical features such as water bodies, wetlands, ditches, large trees, tree
masses, active agricultural land, slopes of fifteen (15) percent or greater, and
power transmission lines. For some subdivision proposals, an aerial
photograph such as is available from the Tompkins County Department of
Assessment may be helpful in illustrating these features.
C. A general layout of the proposal, including:
i. Lots, indicating width and depth.
ii. Existing or proposed streets, indicating width.
iii. Existing or proposed drainage, sewage disposal, and water supply facilities.
iv. Existing or proposed recreational or nonrecreational open space.
D. A summary of existing or proposed restrictions on the use of the land, including
easements, rights of way, covenants, and zoning designations.
E. If Clustered Sulxlivision is proposed, a summary of any requested modifications of
zoning requirements should be submitted."
Section 14. The present AP.PENI)IX A, DEFINITIONS, is deleted, and a new APPENDIX A,
DEFINITIONS, is inserted to read as follows:
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"APPENDIX A
DEFINITIONS
'For the purpose of these regulations, all words used in these regulations shall carry their
customary meanings, except that words defined in the Town of Danby Zoning Ordinance shall he
interpreted in accordance with such definitions,and words defined in this appendix shall be interpreted
as set. forth below.
BLOCK- A.parcel of land partially or entirely surrounded by public streets, streams, railroad rights-
of-way, parks or a combination thereof, which has been subdivided into lots.
BUFFER AREA - An area bordering the lot lines of the property on which a subdivision is to be
built, within which there shall be no permanent structures. A parking space shall be considered a
permanent structure for the purposes of these regulations.
CUL-DE-SAC-A street having one end open to traffic and the other end terminated by a vehicular
turnaround.
OPEN SPACE - An area of land and/or water designed and intended for private or public use or
enjoyment. (.yen space is generally unoccupied by buildings, structures, or parking areas, except that
open space may contain such complementary structures and improvements as ate necessary and
appropriate for the benefit and enjoyment of the open space.
OI'EN SPACE., PRESERVEi) - Areas kept open for the primary purpose of environmental
protection or agricultural land preservation and not primarily devoted to or reserved for active or
passive recreational uses,except that unpaved paths Ibr walking,bicycling, horseback riding or winter
sports may be included. Preserved open space includes but is not limited to the following:
(a) Streams and other bodies of water.
(b) Slopes of 15 percent grade or greater.
(c) Wetlands designated by local, State or Federal agencies.
(d) Stands of significant vegetation.
(e) Wildlife nesting, feeding, or breeding grounds.
(f) important Natural Areas as may be designated by the 'Town and which may include
Critical Environmental Areas and Unique Natural Areas.
(g) Existing or potentially viable agricultural land.
OPEN SPACE, RECREATIONAL - Open space devoted to or reserved for active or passive
recreational uses. Recreational open space may typically include parks, playgrounds, playfields,
swimming areas, picnic areas, or trails for hiking, bicycling, horseback riding, or cross-country skiing.
PLAT-The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to
the Planning Board for approval.
RF,SUBDIVISiON - A change in the map of an approved or recorded subdivision if such change
(14)
I
V
affects a street layout shown on such map, or areas reserved for public use, or any change of a lot line.
"Resubdivision" is included in the term "subdivision" in these regulations.
SET BACK LINE -A line on a plat usually parallel to the center line of the street between which
line and the street line no building or structure may be erected.
SKE'I'CII PLAN - A sketch of the proposed subdivision showing the proposed general layout of
streets, lots, or other features that may be submitted to the appropriate Board by the subdivider for
informal discussion and review, on which the Preliminary Plat will be based.
STREET,MAJOR- A street intended to serve last or heavy [lows of traffic collected from minor
streets and/or intended to serve as an interconnection between areas of land use concentration.
STREET,MINOR- A street intended to serve primarily as an access to abutting properties.
SUBDIVIDER-Any person, firm, partnership, association, corporation, estate, trust, or any other
group or combination acting as a unit, undertaking the dividing of land so as to constitute a
subdivision as defined herein. This definition includes any agent of the subdivider.
SUBDIVISION - The division of any parcel of land into two or more lots, plots, parcels, sites or
otht',r divisions of land ti,r inrnrediate or future use, sale, or transfer. The term ''subdivision" includes
the creation of, and all changes in, highway and lot lines, whether or not new building or development
is to occur. This term includes resnbdivision and, when appropriate to the context, shall relate either
to the process of subdividing or to the land subdivided.
A. CONVENTIONAi,Si1BDiViSiON - A subdivision which creates lots meeting all
minimum lot size, yard, and dimensional requirements of the Zoning Ordinance.
13. CLUSTERED SUBDIVISION-A subdivision of lots which, pursuant to Town Law
Section 278 and these regulations, may have smaller lots, or have smaller yards, or
otherwise have different dimensions than permitted by the Town Zoning Ordinance,
but where the density of occupancy in the entire subdivision shall in no case exceed
the density which could be permitted, in the Planning Board's judgment, i f the land
were subdivided into lots conforming to the minimum lot size and density requirements
of the Zoning Ordinance applicable to the zone or zones in which such land is situated
and conforming to all other applicable requirements."
Section 15. If any provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other portions of this local law.
Section 16. This local law shall take effect upon its publication as required by law.
(15)
O
,A , 4 (Complete the certification in the paragraph that applies to the filing of this local law and
• strike out that which is not applicable.)
•
•
•
1. (Final adoption by local legislative body only.) • • • • . • •
I hereby certify that the local law annexed hereto. designated as local law No.' 2 '
of the tip Town 'V'34M of 19 96
( �)( Oy)( )( ) of Denby was duly passed by the
TOWN BOARD on Sept. 9 • 19 96, in accordance with tho applicable
(flame el Legislative Bedyj --- pp provisions of law.
• •
2. (Passage by I.cal legislative ho with approval, no Isapproval or repass.ge after disapproval
by the Flee ve Chief Es.ocuti o Officer'.)' '
I hereby certif that the local 1. • annexed hereto, designated as local law o. of 19 •
of the (Coon )(City)(Town)(V' lage) of was duly .assed by the
on ' _ 9 . and was (ap.roved)(not disapproved) epassed oftcr
'erne et eg atuve •ody --' '
disapprov. ) by the and was dee, eri duly •
y adopted on
rr et i ChieiExecutive OT met- r 19�,
In accordance with the aeplicable provisions o' law.
3. (Finai adopt on by referendum.) l •
•
I hereby certif that the local law annexed hereto, designated as ocal law'No. of 19
of the (Count (City)(To n)(Vilinge) of -'
_ was duly i •sscd by the
on 19 , an( was (npprovccl)(not isnpprovcd)(r •passed after
'(Niini oof'Liali flvr Boayj-
disapprova by the on 19 . Such local 1,w was
.leelty• C is .x.euliv. • fieer
•
• submitte to the people by reason of . (mandatory)(perm'.sive) referendum, nd received the affirmative
vote of majority of the qualified el ctors voting thereo at the (general)(s•ecial)(annual) el•ction held on
• , in accordanc with the applicab e provisions of las .. . .
•
•
4. (Subject to per issive referendu i and final adop on because no slid petition Iva filed requestin;
rcferndum.) ' . ..
I hereby certify hat the'locnl law annexed hereto, •esignatcd as to al law Nu. of 19
of the (County City)(Town)(Vil ge) of _ _^ was duly p sscd by the
on 19 , and as (uppruved)(n►t disapproved)(r sassed after
t ems of eglfl. ivo 10.1
disapproval) by the on ' 19 . Such local 1 w was subject to
Elective 'hid Executive Of(Ic r'
'permissive referendum and no valid pctitio requesting suc r referendum w. filed as of 19 ,
in accore.nce•with the ap licable provisi• s of law. ••
.
'Elective Chief Executive Officer Meals or Includes the chief executive oallcer of A county elected on a
county-wide basis or, if there be-none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where auch officer is vested with the power to approve or veto local
laws or ordinances. .. '
(2)
•
. . • (City local law ancerning Charter rev ion proposed b , petition.) / • •
T hereby certify t .at the local law anne ed hereto, deaf., aced ns local low No. of
of the City of having een submitted to/feferendurn pur ant to
the provisions if section (36)(37) •. the Municipal tome Rule Law and Laving race ✓ed the affirmat• a Note
• of a majorit of the qualified el tors of such ci voting thereon t the (special)( feral) election he d on
19 , bccam operative.
•
6. (County to al law coucer ing adoption i f Charter ) .
I hereby ccr ffy that the lo•.1 law annexe. hereto, d signated as local law No. of 19
of the Cou ty of , :tate of Newyork, havin: been submitted to
the electo s at the Gene ,l Election of •ovember 19 , purl nt to subdi ls;ons 5 a d 7 of
section of the'Muni'fpal Home Ru Law, a a having recci d the affirm tive vote of : majority of the
nualif" d electors of e cities of sai. county a a unit and of : majority of he qualified 1ectois • the towns
of sa" county cons.*ered as a unit oting at .aid general el, Lion, becam operative.' .
(I any other au torized form of final ads lion has been followed, ple se provide a apprbpr'tate certification.) .
I further certify that I havc compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted
in the manner indicated in paragraph 1 , above.
•
4 • • 1- GCS `
"le, v t ,e (runty itgt.r t ve 1.4ty,Town orVIIIIge Clcrk
or officer designated y local legileetive body
(Seel) Date: - SEPTEMBER 18, 1996
•
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW Yoxu(
COUNTY OF .TOMPK I NS '
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had oT taken fur the enactment of e ocal law annexed hereto.
AO 0(›- - • -
—
Sign ur •
•
liV 1°
, -Tiu 41141-YiLi--IL-.
•
. Town of •. 4.1.41.a.a.e- • •
Date:' 414(P
(3)
" p1
1416-4(9/95)—Text 12
PROJECT I.D. NUMBER 617.20 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
Town of Danby Town Board Revisions to Subdivision Regulations
3. PROJECT LOCATION:
Municipality Danby County Towmpkins
4. PRECISE LOCATION(Street address and road Intersections, prominent landmarks,etc.,or provide map)
(Townwide)
5. IS PROPOSED ACTION:
❑New ❑Expansion XEI Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Enactment of a Local Law Amending the Subdivision Regulations of the
Town of Danby. Proposed revisions include a permit process for certain
minor land divisions, an exemption of most minor land annexations or
lot boundary changes, and technical changes to reflect revisions in
7. AMOUNT OF LAND AFFECTED: (Townwide) N�Y State Town_ Law
Initially acres Ultimately acres St?e_ SU Met a(1�`/,J{)
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes ❑No if No,describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
❑Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
Describe: (all types in Town)
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
❑Yes NZ No If yes,list agency(s)and permit/approvals
11. DOES ANY``ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes 11.1i No if yes,list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes 0 N n.a.
I CERTIFY THAT THE INFORMATION rnoVIDED MOVE IZ TRUE TO THE null.Or MY KNOWI.EDOE
Susan C. Beeners, Applicant on behalf of June 27 , 1995
Applicant/sponsor name: Date:
gs Planning Board and Town Board
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) k
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ■
❑Yes ❑No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No,a negative declaration
may be superseded by another involved agency.
❑Yes ❑No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion,drainage or flooding problems? Explain briefly:
C'l Antithetic, uurlr.ullur,rl, nn;hunuluplcul, Idnturlc, Of olhur 1141111111 Of culfwul I suurcus; cu lty or ulghburhuud character? Explain briefly:
C3. Vegetation or fauna, fish, shell h r life species, s ilicant habitat , threatened or endangered species? Explain briefly:
�^ Jb
—V v
C4. A community's existing plans or goals as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly.
C5. Growth, subsequent development,or related activities likely to be Induced by the proposed action? Explain briefly.
C6. Long term,short term, cumulative,or other effects not Identified in C1•C5? Explain briefly.
C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes ❑No
E. IS THERE, OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes 1
❑No II Yes,explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
4- b a v&47 v, TD�v. a--,��
Name of lead Agency
MuY al+Z T VI S civi o-{
Print or Npe Name of •nsible Officer in Lead Agency Title of Responsible Officer
ignatur• Responsl ' cer in Lead Agency Signature of Preparer(If different from responsible officer)
dr
P/7/9
2
FP
PART II ENVIRONMENTAL ASSESSMENT - Proposed Revisions to
Subdivision Regulations of the Town of Danby, New York
A. Does action exceed any Type I threshold? [ ] Yes [X] No
B. Will action receive coordinated review as provided for
unlisted actions? [X] Yes [ ] No
C. Could action result in any adverse effects associated with the
following:
Cl . Existing air quality, surface or groundwater quality or
quantity, noise levels, existing traffic patterns, solid waste
production or disposal, potential for erosion, drainage, or
flooding problems?
Not expected as a result of this action. Proposed revisions
would maintain a level of environmental quality by requiring
Planning Board review of subdivisions on land with steep slopes and
other environmentally-sensitive areas .
C2. Aesthetic, agricultural, historic, or other natural or
cultural resources; or community or neighborhood character?
Not expected, as in Cl above .
C3. Vegetation or fauna, fish, shellfish or wildlife species,
significant habitats, or threatened or endangered species?
Not expected, as in Cl above .
C4. A community' s existing plans or goals as officially adopted,
or a change in use or intensity of use of land or other natural
resources?
Not expected. The proposed revisions would streamline review
of land annexations and minor land divisions , which are the primary
types of land divisions that occur in Danby. Larger subdivisions
would still require extensive Planning Board review.
C5. Growth, subsequent development, or related activities likely
to be induced by the proposed action?
The streamlining of subdivision review through the use of a
Minor Land Division Permit may encourage certain minor land
divisions but no significant adverse increase in land division or
land development is expected.
C6 . Long term, short term, cumulative, or other effects not
identified in C1-05?
As in C5 . If the Town growth rate increased significantly,
the Town could always further revise the: Subdivision Regulations to
manage such growth.
C7. Other impacts (including changes in use of either quantity or
type of energy?
Not expected as a direct result or this action.
D. Will the project have an impact on the environmental
characteristics that caused the establishment of a CEA?
No ( there are no known CEAS in or abutting the Town of Danby) .
r
•
E. Is there, or is there likely to be, controversy related to
potential adverse environmental impacts?
None is known or expected at this time .
PART III - DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is
recommended for this action given that the substantive changes
proposed will streamline the subdivision review process without
adversely impacting environmental features .
Susan C. Beeners, Reviewer
June 27 , 1996
r.: ' ,TOMPKINS "
•
UNTY =;
r5
T' N OF DANBY - TOMPKINS COUNTY
• r Y21 -;i 1830 DANBY ROAD (607)277-4788
tay'sM: ITHACA, NEW YORK 14850 Fax: (607)277-0559
September 18, 1996
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 122310-0001
Re: oro,An ): nhv - awN„ 7of
the year 1996
Dear Sirs and Ladies:
Enclosed for filing in your office is an original copy of Local l.,aw No. 2 of the year 1996
of the Town of Danby entitled"A LOCAL, I,AW AMENDING THE S1IBDIVISION
REGULATIONS OF THE TOWN OF DANBY, NEW YORK".
Please forward the receipt to the Town of Danby Town Clerk, Carol W. Sczepanski, 1830
Danby Road, Ithaca, New York 14850.
If there is anything further that you need please advise.
Sincerely,
Carol W. Sczcpanski
Town Clerk
cws
Enc.
TOMPKINS
COUNTY
•
• . ; Tr N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)2774788
ITHACA,NEW YORK 14850 Fax: (607)277-0559
September 18, 1996
Attorney John Barney
Suite 400, 119 East Seneca Street
Ithaca, New York 14850
Dear John:
Enclosed are three (3) copies of the "1'owu of Darby Local Law No. 2 of 1996 "A LOCAL LAW
AMENDING THE SUBDIVISION REGUI.ATIONS OF THE TOWN OF DANBY,NEW
YORK".
Please sign all three and send the original to the State Records and Law Bureau for tiling, return
one copy to me and the third is for your tiles.
It you need further information please advise.
Thank you
Sincerely,
ja6117-fia44.41C
Carol W. Sczepanski
Town Clerk
J: ncs.
:TOM PKINSt,i
COUNTY _
N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD (607)277 4788
ITHACA, NEW YORK 14850 Fax: (607)277-0559
September 18, 1996
State Records and Law Bureau
Department of State
162 Washington Avenue
Albany, New York 122310-0001
Re: To,.\-n of 17anbv - 1,oeal 1,aw No 2 of
the year 1996
llear Sirs and Ladies:
Enclosed for filing in your office is an original copy of Local Law No. 2 of the year 1996
of the Town of Danby entitled"A LOCAL LAW AMENDING 'HIE SUBDIVISION
REGULATIONS OF THE TOWN OF DANBY, NEW YORK".
Please forward the receipt to the Town of Danby 'Town Clerk, Carol W. Sczcpanski, 1830
Danby Road, Ithaca, New York 14850.
If there is anything further that you need please advise.
Sincerely,
azelW.)gyieNtA--4/
Carol W. Sczcpanski
Town Clerk
cws
Enc.
p _9
STATE OF NEW YORK
DEPARTMENT OF STATE 6
ALBANY, NY 12231-0001 `��
vv
ALEXANDER F. TREADWELL ••�'.-
SECRETARY OF STATE
�y>
October 3 , 1996
JOHN BARNEY
SENECA BUILDING WEST, STE. 400
119 EAST SENECA STREET
ITHACA, NY 14850
RE: Town of Danby, Local Law 2 , 1996, filed 09/30/96
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Please be advised only 1 original local law is required to be
filed in our office.
Sincerely,
(::ltIALiCA— tE)
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
(' 1
•
0 printed on recycled paper
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
JOHN C. BARNEY SENECA BUILDING WEST
PETER G.GROSSMAN SUITE 400
NELSON E.ROTH
DAVID A. Dueow 119 EAST SENECA STREET
RANDALL B.MARCUS ITHACA, NEW YORK 14850 FACSIMILE
(OR SERVICE VICE OF HUGH C. KENT (607)273-6841
(NOT FOR SERVICE OF PAPERS)
KRISTIN E. HAZLITT'
ALSO ADMITTED IN MARYLAND
&WASHINGTON, D.C.
October 7, 1996
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Dear Carol:
Enclosed is the original receipt for the filing of Danby Local Law No. 2 - 1996 which
was filed in the Secretary of State's Office on September 30, 1996.
With best regards.
Very truly yours,
JCB:bc
Enc.
CERTIFICATE OF NECESSITY
The undersigned , Town Supervisor of the Town of Danby, hereby
certifies to the necessity for the immediate passage of the local
law entitled "A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF
THE TOWN OF DANBY , NEW YORK" .
Mary Oltz , perviso Date
Co D
TOWN OF DANBY
LOCAL LAW NO. 2 OF 1996
A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN
OF DANBY, NEW YORK
Be it enacted by the Town Board of the Town ofDanby a local law to be entitled "A LOCAL
LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW
YORK" as follows:
Section 1. The Subdivision Regulations of the Town of Danby, New York, as adopted by the
Town of Danby Planning Board on December 5, 1991 and approved by the Town of Danby Town
Board on December 11, 1991, are hereby amended as set forth in the following sections:
Section 2. The present Section 100. Authorization, is deleted, and a new Section 100.
Authorization, is inserted to read as follows:
"Section 100. Authorization.
1. 'These regulations shall be known and cited as the "Subdivision Regulations of the Town of
Danby,New York".
2. The power to approve, approve with conditions, or deny subdivision plats is vested in the
Planning Board as provided by these regulations.
3. The Planning Board is authorized to develop and enforce standards for the control of land
subdivision and to approve plats for subdivisions and for new streets within the Town of
Danby, and to exercise all other powers delegated to it by the Town Board.
4. The Planning Board is empowered at the time of the approval of a plat either to confirm the
zoning regulations of the land so platted as shown on the official zoning map of the Town or
to make any reasonable change therein, upon following the procedure required by Section 278
of the Town Law.
5. The PlanningBoard is authorized to require developers to submit a Clustered Subdivision plan
whenever the Planning Board believes that the application of such procedure would benefit
the Town.
6. The authority of the Planning Board to require clustered layouts of subdivisions is limited by
the conditions of Article III of these regulations, and by the provisions of Section 278 of the
Town Law.
7. Whenever any subdivision of land is proposed to be made, before
A. any contract for sale is executed, or
B. any offer to sell any lot in such subdivision is made, or
C. any building permit is granted for new construction on proposed lots of the
-t-
subdivision,
the subdivider or the subdivider's duly authorized agent shall obtain any required approval of
such proposed subdivision from the appropriate authority in accordance with the requirements
and procedures set forth herein."
Section 3. The present Section 101. Purpose, is deleted, and a new Section 101. Purpose, is
inserted to read as follows:
"Section 101. Purpose.
1. The subdivision regulations are intended to guide and protect the community's physical, social,
and aesthetic development, and to help the Town ofDanby grow in an orderly, efficient, and
economical manner which maintains and reflects the individuality of the Town and the
character of the Town as a rural community and a beautiful and desirable place in which to
live. In no way are the subdivision regulations designed or intended to create a hardship for
any person or group. Rather,these regulations are considered part of an overall plan to protect
all of the citizens of Danby and to aid all who wish to sell or develop a piece of land.
2. The regulations, standards, and procedures contained herein are developed to ensure the
following:
A. that the health, safety, and welfare of the Town's inhabitants are promoted;
B. that land to be subdivided is suitable for building purposes without creating dangers
to health or peril from fire, flood, or other menace;
C. that all proposed lots be so laid out and of such size as to be in harmony with the
development pattern of the neighboring properties and with the character and contour
of the land;
D. that proper provision is made for drainage,water supply, sewerage, highways, open
space, and other needed improvements;
E. that all proposed streets compose a convenient system and be of such width,grade,
and location as to accommodate the prospective traffic, and provide access for
emergency services and fire fighting equipment;
F. that proper provision is made for parks, playgrounds, and significant open space;
G. that there is optimum overall conservation, protection, development, and use of the
environmental resources of the Town ofDanby."
•
Section 4. The present Section 104. Administration, is deleted, and a new Section 104
Administration, is inserted to read as follows:
"Section 104. Administration.
1. These regulations shall be administered by the Planning Board in cooperation with the Town
Board and other agencies, and shall be enforced by the Code Enforcement Officer and by any
other agent that the Town may designate. Any applicant for subdivision approval or other
person who is aggrieved by a requirement or determination of the enforcing officer or agent
affecting the interpretation, applicability, compliance with or enforcement of any of these
-2-
regulations may appeal to the Planning Board for a review of the requirement or determination
by the Planning Board in accordance with the provisions of Section 110 hereof entitled
"Appeals and Waivers."
2. Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall
apply in writing to the Planning Board for the approval of the subdivision, except as this
requirement may be modified as further provided in these regulations. This application shall
conform to the specifications set forth in these regulations.
3. Until the Planning Board has given final approval of any application for the approval of a
subdivision, and the subdivision map has been filed in the offices of the Tompkins County
Clem and the Town ofDanby Town Clerk bearing the approval of the Town Planning Boai-d
and all other required endorsements and complying with these regulations and all requirements
oflaw, no building permit for construction or other work on the property shall be issued nor
shall such permit be valid if erroneously issued, and no lot in the subdivision shall be sold,
except as this condition may be modified as further provided in these regulations. Any such
action or any work done on or with respect to the lands in the subdivision or any expenses
incurred prior to final approval shall be at the peril of the owner of the land or the applicant
and shall not give rise to any claim for damages by the landowner or applicant."
Section 5. The present Section 105. Public Hearings, is deleted, and a new Section 105. Public
Hearings, is insetted to read as follows:
"Section 105. Public Hearings.
1. Notice ofpublic hearing shall be published in a newspaper of general circulation in the Town
ofDanby at least five (5) days before the Planning Board meeting at which the application is
to be considered,and shall comply with the requirements of Town Law. Such notice of public
hearing is the only notice legally required.
2. However, in order to promote public information and participation in subdivision review, a
similarnotice ofsuch hearing shall either be mailed or delivered by the applicant to all owners
of property within 500 feet of the boundaries of the property under consideration. The
PlarningBoard may, in its discretion, require that property owners within a distance of more
than 500 feet of such boundaries be notified, and/or may direct Town staff to conduct the
notification. Such mailing or delivery shall occur no less than five (5) days prior to the date
ofthe public hearing. The applicant (or the Town staff conducting the notification) shall file
proofofsuch mailing or delivery with the Planning Board no later than the date of the hearing.
3. Failure to notify property owners near a site for which a public hearing is scheduled shall not
be ajurisdictional defect and any action taken by any board, employee, or agent of the Town
in connection with such public hearing shall not be nullified or voidable by reason of the
failure to provide such notification. However, the failure to provide such notification may be
grounds, should the Planning Board in its discretion so determine, to decline to conduct a
scheduled public hearing. The Planning Board may, on good cause shown, waive the above
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•
described policy of property owner notification."
Section 6. The present Section 111. Amendments and Rules, is deleted, and a new Section 111.
Amendments and Rules, is inserted to read as follows:
"Section 111. Amendments and Rules.
1. These regulations may be amended from time to time as provided by law."
Section 7. The present ARTICLE II, REVIEW AND APPROVAL PROCEDURES, is deleted,
and anew ARTICLE II, REVIEW AND APPROVAL PROCEDURES, is inserted to read as follows:
"ARTICLE II
REVIEW AND APPROVAL PROCEDURES
Section 200. General Procedures.
1. The procedums fbr Sketch Plan, Preliminary Plat, and Final Plat review shall be as provided
Mr in these regulations and Town Law, Sections 276 through 279 as they may from time to
time be amended. All application materials and other necessary information shall be in full
compliance with the provisions of Town Law and these regulations except where variations
therefrom may be specifically authorized by the Planning Board.
2. Any action or determination of the Planning Board approving an application, in whole or in
part, whether final or preliminary, shall be revocable, in whole or in part, if the action or
determination was made in reliance on any misrepresentation, concealment, or fraudulent act
or statement by the applicant or was based on a mistake as to a material matter.
Section 201. Subdivisions - General Description.
1. Subdivisions are classified as follows:
A. LAND ANNEXATION - The transfer to title of land from its owner to an abutting
owner, for consolidation with an abutting lot, provided that in such transfer:
i. the remainder of the parcel from which the transfer is made meets ap-
propriate zoning requirements; and
ii. no extension ofan existing, or creation of a new, public road or public
water or sewer utility is involved.
B. RURAL LAND DIVISION - A Conventional Subdivision of land into two (2) or
more lots, in which:
i. all lots contain more than five (5) acres (excluding land within a public
road right of way); and
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ii. all lots meet all other pertinent zoning requirements; and
iii. no extension of an existing, or creation of a new, public road or public
water or sewer utility is involved.
C. MINORLAND DIVISION - A Conventional Subdivision of land into no more than
four (4) lots, where at least one (1) lot is 5 acres or less in area(excluding any land
within a public road right of way), in any period of three (3) consecutive years, and
which:
i. conforms with all pertinent zoning requirements;
ii. does not involve extending an existing, or creating a new, public road
or public water or sewer utility;
iii. has all of the lot frontage on roads depicted with a Solid line, as
opposed to a Dashed line, on the Zoning Map of the Town of Danby;
iv. is not in, or within 250 feet of a designated Critical Environmental
Area,designated freshwater wetland, Area of Special Flood Hazard as
defined in the Town of Durby's laws relating to Flood Damage
Protection, or other designated area specially protected by legislation
of any local, county, state, or federal governmental body; and
v. does not include on more than 50% of the total land area slopes
greater than 15%.
For the purpose of calculating the number of lots that are subdivided in any period of
three(3)consecutive years, any lots ill the Minor Land Division which exceed 5 acres
in area shall be excluded from calculation.
D. MINOR SUBDIVISION -
i. Any Conventional subdivision of land (other than a Land Annexation,
Rural Land Division or Minor Land Division) into not more than five
(5) lots which:
(a) conforms with all pertinent zoning requirements; and
(b.) does not involve extending an existing, or creating a new,
public road or public water or sewer utility; and
ii.
Any Clustered subdivision involving not more than five (5) lots which
does not involve extending an existing, or creating a new, public road
or public water or sewer utility.
E. MAJOR SUBDIVISION - Any subdivision other than a Land Annexation, Rural
Land Division, Minor Land Division, or Minor Subdivision.
2. Minor and Major Subdivisions are further classified as Conventional and Clustered
subdivisions as set forth in Appendix A- Definitions.
Section 202. Subdivisions- General Provisions.
1. The following general provisions apply to various classes of subdivisions:
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A. A Land Annexation is exempt from subdivision approval by the Town.
B. A Rural Land Division is exempt from subdivision approval by the Town.
C. AM nor Land Division requires a Minor Land Division Permit from the Town Code
Enforcement Officer.
D. Both Minor Subdivisions and Major Subdivisions require approval by the Town
Planning Board. Both the extension of an existing and the creation of a new public
road or utility require approval by the Town Board.
Section 203. Clustered Subdivisions.
1. A subdivider may request, or the Planning Board may require, the use of a Clustered
Subdivision design, in which case the subdivider may be required to present along with the
Clustered Subdivision proposal in accordance with the provisions of Town Law Section 278
and of Article III herein, a sketch plat of a Conventional Subdivision.
Section 204. Recreational Open Space Reservation.
1. The Planning Board may require the reservation of a portion of a subdivision for recreational
open space, pursuant to the provisions of Article N.
Section 205. Tompkins County Department of Health.
1. Tompkins County Department of Health approval may be required for any subdivision. Early
contact by the subdivider with this department is advised.
Section 206. Minor Land Divisions - Permit Procedures.
1. Application. The application for a Minor Land Division Permit shall be submitted to the Code
Enfbrcement Officer fbr review. The application shall include a Sketch Plan conforming to
the requirements of Article VII, a written application on a form approved by the Town Board,
and a permit fee as established from time to time by the Town Board.
2. The Code Enforcement Officer shall review the application, determine its completeness,
confirm the classification of the subdivision as a Minor Land Division, and render a decision
either issuing or denying the permit within 30 days after receiving the completed application.
Any person aggrieved by any such decision may appeal the decision to the Planning Board
pursuant to the provisions of Sections 104 and 110 of these regulations.
3. Ifthe subdivision cannot be classified as a Minor Land Division, Land Annexation, or Rural
Land Division, then the Code Enforcement Officer shall classify the subdivision as a Minor
Subdivision or a Major Subdivision, as the case may be, and shall direct the applicant to file
an application for consideration by the Planning Board.
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4. The final plat for Minor Land Division shall be certified by the Code Enforcement Officer as
having been granted a Minor Land Division Permit and shall be filed in the offices of the
Town of Danby Town Clerk and the Tompkins County Clerk within two (2) years after the
date that the Minor Land Division Permit is issued. If the final plat is not so certified and filed
within that two-year period, the Minor Land Division Permit shall expire.
Section 207. Minor and Major Subdivisions - Processing and Review Steps.
1. Minor Subdivisions shall be processed in the following steps:
A. At the option of the applicant, a Sketch Plan conference.
B. Application for Final Plat approval.
C. Planning Board review of Final Plat.
D. Public I-searing.
E. Planning Board action on Final Plat.
2. Major subdivisions shall be processed in the following steps:
A. At the option of the applicant, a Sketch Plan conference with the Planning Board .
and/or the Town Board.
B. Application for Preliminary Plat approval.
C. Planning Board review ofPreliminary Plat.
D. Public Hearing.
E. Planning Board action on Preliminary Plat.
F. Town Board consideration of acceptance of proposed location and maintenance of any
public roads and other facilities.
G. Application for Final Plat approval.
H. Planning Board review of Final Plat.
I. Public Hearing(optional).
J. Planning Board action on Final Plat.
Section 208. Minor and Major Subdivisions - Sketch Plan Reviews and Pre-Application
Information.
1. At the option of the applicant, the applicant may present preliminary ideas in the form of a
sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a
PlanningBoard meeting. The requirements for the Sketch Plan application submission are set
forth in Article VII.
2. The subdivider should inquire of the Code Enforcement Officer as to the overall requirements
of these regulations. That Officer will be available to help the subdivider understand the
improvements and restrictions which the Planning Board could be expected to impose upon
the development,as presented. The Officer and the subdivider should work together to ensure
that the project will meet the requirements of these regulations as well as any additional
requirements the Planning Board may impose.
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3. Mlle subdivision is complex or extraordinary in scale,the applicant may present informally
the Sketch Plan to the Planning Board and/or Town Board for each Board's comments prior
to the preparation of a Preliminary or Final Plat. This Sketch Plan review may save the
subdivider time and expense in the planning and design of the project.
4. Subdivisions classified as Minor may, at the applicant's option based on initial conference or
Sketch Plan review, proceed directly to preparation of a Final Plat without submission and
approval of a Preliminary Plat.
Section 209. Major Subdivisions - Application for Preliminary Plat Approval.
1. Filing. All major subdivisions shall be subject to the Preliminary Plat requirements specified
herein and in accordance with Town Law, unless otherwise specifically exempted.
2. Application.The subdivider shall file an application for the consideration of a Preliminary Plat
on forms available from the Town Clerk accompanied by all documents specified in Article
VII herein. The application shall be filed at least twenty (20) days prior to the meeting at
which it is to be considered by the Planning Board.
3. Study of Preliminary Plat. The subdivider, or his duly authorized representative, shall attend
the meeting ofthe Planning Board to discuss the Preliminary Plat. The Plat shall be reviewed
for compliance with any previously reviewed Sketch Plan, including any required
modifications;with the provisions required elsewhere in these regulations; and with any other
applicable laws, rules, and regulations.
4. Public I-Iearing for Preliminary Plat. Following the review of the Preliminary Plat and
stq)plementary material submitted for conformity to this law, and following discussions with
the subdivider on changes deemed advisable and the kind and extent of improvements to be
made by him,the Planning Board shall hold a public hearing. This hearing shall be held within
sixty-two (62) days of the receipt of the completed Preliminary Plat application by the clerk
of the Planning Board, except as such schedule may be modified for compliance with other
laws and regulations, or with the consent of the applicant. The notification procedures
provided in Section 105 of these regulations, entitled "Public Hearings", shall apply to any
such hearing.
5. Action on Preliminary Plat. Within sixty-two (62) days after the public hearing for the
Preliminary Plat, the Planning Board shall approve, with or without modifications, or
disapprove the preliminary plat and state the reasons for modifications or disapproval in the
Planning Board records. The time in which the Planning Board must take action may be
extended for good cause, for compliance with other laws and regulations, or upon mutual
consent of the subdivider and the Planning Board.
6. Actions onPreliminaryPlat. Following Preliminary Plat approval, the subdivider may proceed
to stake out roads and lots, to prepare final plans and any engineering plans showing
infonnatior and data required by these regulations and other applicable provisions of law. The
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subdivider shall also furnish such other information as may be lawfully and reasonably
required by the Planning Board.
7. Requirement of Final Plat Approval. Approval of a Preliminary Plat shall not constitute
approval ofthe Final Plat. The Preliminary Plat shall be a guide to the preparation of the Final
Plat. The act, in itself, of the Planning Board in granting Preliminary Plat Approval shall not
be interpreted to create a presumption, or in any way imply, that the Planning Board will give
final approval to the subdivision if all conditions contained in the preliminary approval have
not been met to the satisfaction of the Planning Board or if the Planning Board determines that
the subdivider has not met all other requirements of any applicable rule, regulation, code or
law or any other requirements which the Planning Board may reasonably impose before any
final approval is given.
Section 210. Minor and Major Subdivisions - Application for Final Plat Approval.
1. Applicability. All Minor and Major Subdivisions shall be subject to the Final Plat
requirements, as specified herein and in accordance with Town Law.
2. Application. The subdivider shall file an application for the consideration of a Final Plat on
linn►s available li•om the Town Clerk accompanied by all documents specified in Article VII
herein. he application shall be filed at least twenty (20) days prior to the meeting at which
it is to be considered by the Plhuming Board.
3. Time ofApplication. If the application for Final Nat approval is not submitted within six (6)
months after the approval of the Preliminary Plat, the Planning Board may refuse to approve
the Final Plat and may require resubmission of the Preliminary Plat.
4. Public Hearing. Unless waived as set forth below, a public hearing shall be held by the
Planning Board within sixty-two (62) days from the date that a completed Final Plat
application is filed with the clerk of the Planning Board, except as such schedule may be
modified for compliance with other laws and regulations, and with the consent of the
applicant. The notification procedures provided in Section 105 of these regulations, entitled
"Public Hearings," shall apply to any such hearing.
5. Waiver of Public Hearing. The Planning Board may waive the requirement for the public
hearing on the Final Plat when the Planning Board deems the Final Plat to be in substantial
agreement with the Preliminary Plat and with any modifications required as conditions of the
Preliminary Plat approval.
6. Action on Final Plat. The Planning Board shall by resolution approve, conditionally approve
with or without modification, or disapprove the Final Plat, with any reasons fir modification
or disapproval stated in the Planning Board records. This action shall occur within 62 days
from the date of the public hearing on the Final Plat, or within 62 days after receipt of the
completed Final Plat application by the Town Clerk if no hearing is held, unless the timeframe
is extended for compliance with other laws and regulations, or with the consent of the
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applicant The Planning Board may also, for good reason, cause the extension of this review
period. The subdivider shall be notified of the final action of the Planning Board by mail
within 5 days of such action.
7. Additional Requirements for Approval of Final Plat. Such approval shall, however, not be
deemed final until the subdivider has complied, where applicable, with the provisions of the
following paragraphs:
A. The subdivider shall tender "offers of cession", in a form certified as satisfactory by
the Town Attorney, of all land included in streets, highways or other public
inpn•oveinents. However, approval of the plat by the Planning Board shall not consti-
tute acceptance by the Town Board of any street, highway, or other public
improvements.
B. The subdivider shall obtain and file with the Planning Board a letter from the
Tompkins County Department of Health indicating satisfactory design compliance with
any applicable provisions of the Tompkins County Sanitary Code or other State or
local law or regulation.
8. Conditional Approval of Final Plat. At the time of a resolution granting conditional approval
to a Final Plat, the Planning Board shall empower a duly authorized officer of the Planning
Board (Chairperson or Acting Chairperson) to sign the plat subject to completion of the
requirements stated in the resolution. Upon completion of the requirements, the plat shall be
signed by said duly authorized officer. The subdivider has 180 days to satisfy the
requirements on which the approval has been conditioned and obtain the certification of the
designated officer. This period may be extended by the Planning Board if in its opinion,
circumstances warrant an extension, for up to two 90-day periods beyond the 180 days.
9. Filing of Final Plat. Upon completion of any requirements imposed by the Planning Board
as part of Final Plat approval, and notation to that effect upon the Final Plat, the Plat shall be
deemed to have final approval and shall be properly signed by the appropriate officer of the
Planning Board. Said signed Plat shall be filed in the Office of the Tompkins County Clerk.
Any Plat not so filed or recorded within sixty-two (62) days of the date upon which such Plat
is approved or considered approved by reasons of the failure of the Planning Board to act,
shall become null and void. No Plat shall be accepted for filing by the Tompkins County
Clerk unless it has been duly approved by the Planning Board in accordance with these
regulations.
10. Modifications of the Final Plat.
A. If there are modifications of the final plat requested by the subdivider subsequent to
its filing in the office of the County Clerk, such requests shall be made in writing to the
Chairperson of the Town Planning Board (or such other person such as the Code
Enforcement Officer duly authorized by resolutions of the Planning Board and Town
Board),who is hereby empowered to approve minor, practical modifications on behalf
of the Planning Board. The Chairperson (or other person so authorized to make
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changes) shall report any modifications approved by such person to the Planning
Board at its next regularly scheduled meeting. Approval of said modifications shall be
noted by that Chairperson on the amended plat and the amendment should be filed in
the office of the Tompkins County Clerk.
B. When, in the opinion of the Chairperson of the Town Planning Board, the requested
modifications are substantial in nature, scope or extent, and materially affect the sub-
division plat as approved by the Planning Board, the subdivider shall not proceed
without the approval of the Planning Board. Such approval may be granted at any
public meeting of the Board called for this purpose. Upon approval of such
modifications, the authorized officer of the Planning Board (Chairperson or Acting
Chairperson)shall so note on the resubmitted plat before its filing as an amended plat.
C. No changes,erasures,modifications, or revisions shall be made on any Final Plat after
approval has been given by the Planning Board and endorsed in writing on the Plat,
unless said Plat is first resubmitted and modifications are approved as provided for in
this section.
Section 211. Filing of Plats in Sections.
1. Prior to granting conditional or final approval of a plat in final form, the Planning Board may
permit 11101)1:11 to b0 subdivided into two or Morn Hec1I011H and may in its resolution granting
conditional or final approval state such requirements as it deems necessary to insure that the
orderly development of the plat be completed before such sections may be signed by the duly
authorized officer of the Planning Board. Conditional or final approval of the sections of a
plat, subject to any conditions imposed by the Planning Board, shall be granted concurrently
with conditional or final approval of the plat.
2. In the event the subdivider shall file only a section of such approved plat in the office of the
. Tompkins County Clerk, such section shall be filed with the Town Clerk within thirty (30)
days of the filing of such section. Such section shall encompass at least ten (10) percent of
the total number of lots contained in the approved plat and the approval of remaining sections
of the approved plat shall expire unless said sections are filed before the expiration of the
exemption period to which such plat is entitled under the provisions of Section 265-a of Town
Law.
Section 212. Building Permit Issuance.
1. The Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy
for any structure on any lot in any subdivision requiring a permit or approval hereunder, unless
the approved Final Plat is filed in the office of the Tompkins County Clerk and the office of
the Town of Danby Town Clerk, and until any other pertinent requirements have been met."
Section 8. The present Section 300. Introduction, Subsection 1 is deleted, and new Section 300.
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Introduction, Subsection 1 is inserted to read as follows:
"1. The Town Board has empowered the Planning Board to modify applicable provisions of the
Zoning Ordinance in the review and approval of subdivision plats, as provided in Town Law
Section 278 and as supplemented by the procedures and standards herein."
Section 9. The present Section 300. Introduction, Subsection 3 is deleted, and new Section 300.
Introduction, Subsection 3 is inserted to read as follows:
"3. A subdivider may request the use of Town Law Section 278, or the Planning Board may
require a subdivider to use this procedure, if, in the Planning Board's judgment, such use
would benefit the Town."
Section 10. The present Section 301. General Procedures, Subsection 2 is deleted, and new
Section 301. General Procedures, Subsection 2 is inserted to read as follows:
"2. Following review of the alternative Sketch Plats for conventional and clustered layout, the
Planning Board shall determine whether such information is adequate to determine the
maximum permissible density pursuant to the procedures of Town Law Section 278. Upon
a determination that such information is adequate the Planning Board may grant conceptual
approval to one of said alternative plats, and may condition that approval on plan
modifications, and the subdivider shall be permitted to proceed with an application for
Preliminary or Final Plat approval."
Section 11. The present Section 301. General Procedures, Subsection 3 is deleted, and new
Section 301. General Procedures, Subsection 3 is inserted to read as follows:
"3. Subsequent to such conceptual approval, the Preliminary and Final Plat application
requirements set forth in Article VII shall apply, except that, in addition, a clustered site plan
meeting the requirements of Town Law Section 278 shall accompany such application, along
with a statement describing proposed modifications or supplementations of Zoning Ordinance
requirements."
Section 12. The present Section 301. General Procedures, Subsection 6 is deleted, and new
Section 301. General Procedures, Subsection 6 is inserted to read as follows:
"6. Determination on voluntary or required applications under this part shall be made by the
Planning Board based on the Sketch Plan, the Preliminary Plat, the clustered site plan, and on
other information required by these regulations, Town Law Section 278, SEQR, and other
applicable regulations."
Section 13. The present Section 701. Sketch Plan Application, is deleted, and new Section 701.
Sketch Plan Application, is inserted to read as follows:
"Section 701. Sketch Plan Application.
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1. Any Sketch Plan submitted to the Code Enforcement Officer, Planning Board or Town Board
shall be based on tax map information or some other similarly accurate base map at a scale,
preferably not less than 400 or 200 feet to the inch, that enables the entire parcel which
includes the proposed subdivision to be shown on one sheet.
2. The following additional information shall be submitted, except where such submittals may
be modified or waived:
A. General subdivision information outlining the existing conditions of the site and the
proposed development.
B. Approximate locations of:
i. The portion of the parcel to be subdivided in relation to the entire parcel, and
to other contiguous lands in the same ownership.
ii. Abutting tax parcels and their numbers.
iii. The nearest existing streets and intersections, existing structures on or within
two hundred (200) feet of the area proposed for subdivision, significant
physical features such as water bodies, wetlands, ditches, large trees, tree
masses,active agricultural land, slopes of fifteen (15) percent or greater, and
power transmission lines. For some subdivision proposals, an aerial
photograph such as is available from the Tompkins County Department of
Assessment may be helpful in illustrating these features.
C. A general layout of the proposal, including:
i. Lots, indicating width and depth.
ii. Existing or proposed streets, indicating width.
iii. Existing or proposed drainage, sewage disposal, and water supply facilities.
iv. Existing or proposed recreational or nonrecreational open space.
D. A summary of existing or proposed restrictions on the use of the land, including
easements, rights of way, covenants, and zoning designations.
E. IfaClustered Subdivision is proposed, a summary of any requested modifications of
zoning requirements should be submitted."
Section 14. The present APPENDIX A, DEFINITIONS, is deleted, and a new APPENDIX A,
DEFINITIONS, is inserted to read as follows:
"APPENDIX A
DEFINITIONS
For the purpose of these regulations, all words used in these regulations shall carry their
customary meanings, except that words defined in the Town of Danby Zoning Ordinance shall be
interpreted in accordance with such definitions, and words defined in this appendix shall be interpreted
as set forth below.
BLOCK-A parcel ofland partially or entirely surrounded by public streets, streams, railroad rights-
of-way, parks or a combination thereof, which has been subdivided into lots.
BUFFER AREA - An area bordering the lot lines of the property on which a subdivision is to be
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:..
built, within which there shall be no permanent structures. A parking space shall be considered a
permanent structure for the purposes of these regulations.
CUL-DE-SAC - A street having one end open to traffic and the other end terminated by a vehicular
turnaround.
OPEN SPACE - An area of land and/or water designed and intended for private or public use or
enjoyment. Open space is generally unoccupied by buildings, structures, or parking areas, except that
open space may contain such complementary structures and improvements as are necessary and
appropriate for the benefit and enjoyment of the open space.
OPEN SPACE, PRESERVED - Areas kept open for the primary purpose of environmental
protection or agricultural land preservation and not primarily devoted to or reserved for active or
passive recreational uses,except that unpaved paths for walking, bicycling, horseback riding or winter
sports may be included. Preserved open space includes but is not limited to the following:
(a) Streams and other bodies of water.
(b) Slopes of 15 percent grade or greater.
(c) Wetlands designated by local, State or Federal agencies.
(d) Stands of significant vegetation.
(e) Wildlife nesting, feeding, or breeding grounds.
(l) Important Natural Areas as may be designated by the Town and which may include
Critical Environmental Areas and Unique Natural Areas.
(g) Existing or potentially viable agricultural land.
OPEN SPACE, RECREATIONAL - Open space devoted to or reserved for active or passive
recreational uses. Recreational open space may typically include parks, playgrounds, playfields,
swimming aivas,picnic areas,or trails for hiking, bicycling, horseback riding, or cross-country skiing.
PLAT-The map, plan, drawing or chart on which a subdivider's plan of subdivision is presented to
the Planning Board for approval.
RESUBDIVISION - A change in the map of an approved or recorded subdivision if such change
affects a street layout shown on such map, or areas reserved for public use, or any change of a lot line.
"Resubdivision" is included in the term "subdivision" in these regulations.
SET BACK LINE - A line on a plat usually parallel to the center line of the street between which
line and the street line no building or structure may be erected.
SKETCH PLAN - A sketch of the proposed subdivision showing the proposed general layout of
streets, lots, or other features that may be submitted to the appropriate Board by the subdivider for
informal discussion and review, on which the Preliminary Plat will be based.
STREET, MAJOR - A street intended to serve fast or heavy flows of traffic collected from minor
streets and/or intended to serve as an interconnection between areas of land use concentration.
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STREET, MINOR - A street intended to serve primarily as an access to abutting properties.
SUBDIVIDER - Any person, firm, partnership, association, corporation, estate, trust, or any other
group or combination acting as a unit, undertaking the dividing of land so as to constitute a
subdivision as defined herein. This definition includes any agent of the subdivider.
SUBDIVISION - The division of any parcel of land into two or more lots, plots, parcels, sites or
other divisions ofland for immediate or future use, sale, or transfer. The term "subdivision" includes
the creation of,and all changes in, highway and lot lines, whether or not new building or development
is to occur. 'This term includes resubdivision and, when appropriate to the context, shall relate either
to the process of subdividing or to the land subdivided.
A. CONVENTIONAL,SUBDIVISION - A subdivision which creates lots meeting all
minimum lot size, yard, and dimensional requirements ofihe Zoning Ordinance.
B. CLUSTERi+D SUBDIVISION - A subdivision of lots which,pursuant to Town Law
Section 278 and these regulations, may have smaller lots, or have smaller yards, or
othenvise have different dimensions than permitted by the Town Zoning Ordinance,
but where the density of occupancy in the entire subdivision shall in no case exceed
the density which could be permitted, in the Planning Board's judgment, if the land
were subdivided into lots conforming to the minimum lot size and density requirements
ofthe Zoning Ordinance applicable to the zone or zones in which such land is situated
and conforming to all other applicable requirements."
Section 15. If any provision of this local law is found to be invalid by any court of competent
jurisdiction, such invalidity shall not affect any other portions of this local law.
Section 16. This local law shall take effect upon its publication as required by law.
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