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HomeMy WebLinkAboutLL 2007 #3 PD 19 Whitehawk Ecovillage • ©TgigitA L/G20d7 gjiA7NEW YORK STATED ARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City of DANBY .>ir Town ❑ Village j, Local Law No. 3 of the year 20 07 Alocallaw AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY (Insert Title) TO ESTABLISH PLANNED DEVELOPMENT ZONE 19, FOR WHITFHAWK ECOVILJ AGF Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ta,• ❑ County • ❑ City of TOWN OF DANBY as follows: WTown ❑ Village • LOCAL LAW NO.3 OF 2007 A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY TO ESTABLISH PLANNED DEVELOPMENT ZONE 19,FOR "WHITE HAWK ECOVILLAGE" Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings. 1. An application for a Planned Development Zone,with the proposed development in the Zone known as White Hawk Ecovillage for the purpose of developing 30 dwelling units along with other structures on the lands described herein, has been reviewed by the Town. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 r , 2. The Town Board finds that the proposed White Hawk Ecovillage would meet Comprehensive Plan objectives of encouraging development in and near the Central Danby Hamlet; and preserving land for agricultural and conservation use. Section 2. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Danby as re- enacted and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: A. Town of Danby Planned Development Zone 19 is hereby established,and shall be comprised of all of those lands known as Town of Danby Tax Parcels 7.-1-68 and 7.-1-69.1,located on the west side of Danby Road between Gunderman and West Miller Roads, along with the lands that adjoin the frontage of these parcels extending to the centerline of New York State Route 96-B. B. Said lands are hereby rezoned from High and Medium Density Residential Zones to Planned Development Zone 19. C. The General Site Plans for the Planned Development Zone consist of maps entitled "Preliminary Plan, Proposed White Hawk Neighborhood, Sheets ST-1, -2, -3, and-4,"by Timothy C. Buhl,P.E., dated November 26,2006,as updated by"White Hawk Ecovillage—Supplement to Preliminary Plans",by Henry Peterson, dated February 8, 2007. D. Permitted Principal Uses. No building shall be erected or extended and no land or building shall be used for other than any of the following purposes: 1. Single-family or two-family dwelling provided that each dwelling unit is occupied by no more than one family. 2. Multiple-family dwelling provided that each dwelling unit is occupied by no more than one family. 3. Family day care home. 4. Community center, also known as `common house', which may house recreation, meeting, and dining space,children's playrooms,kitchen facilities,common laundry facilities,and other permitted accessory uses; and other community space compatible with the purpose of being an extension of the dwellings provided,however,that the community center shall be used primarily by the residents within the Planned Development Zone. 5. Customary agricultural uses and structures,including barns,silos,livestock enclosures,and storage buildings,provided,however,that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be located within 100 feet of any property line,dwelling,or community center. 6. A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming,as a seasonal convenience to the owner or owners of the land,not exceeding 400 square feet in area. Any such structure shall be located a minimum of 15 feet from the street right of way line if located adjacent to Danby Road, and a minimum of 30 feet from the edge of pavement if located adjacent to a private road within the Planned Development Zone. Any such structure shall also be located in a manner as to permit safe access by vehicles and parking off the street. 7. The keeping of domestic animals or fowl in accessory buildings,provided that no such building shall be located within 50 feet of any dwelling; and provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. 8. Any municipal,public, or private utility purpose necessary to the maintenance of utility services. E. Permitted Accessory Uses. 1. Garage or carport. 2. Off-street parking,garage,or carport space for the residents of the Planned Development Zone,and for any visitors, or any non-resident employees associated with home occupations. 3. Home occupations, which shall be limited to dressmaking, hairdressing, teaching, laundering, carpentry,electrical and plumbing work,and similar types of activity;and professional offices,such as architects, lawyers, consultants, realtors, doctors, dentists, engineers and insurance brokers, operated within a residence or a private garage. A home occupation is also subject to the following provisions: a. It shall have no external evidence on the site except a sign denominating the occupation not over ten square feet in area. Any such sign shall be nonflashing and if illuminated,shall be shielded as much as possible from adjoining residences; b. It shall not employ more than two additional people who are non-residents; c. It may not entail the outdoor storage or display of materials, equipment, or other items of commerce; nor the uncovered parking of more than one commercial vehicle; d. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies; and e. It shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood,with any need for parking generated by the occupation to be met off the street and in accordance with any other regulation of the Zoning Ordinance. 4. Private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the residents of the Planned Development Zone. 5. Accessory structures such as dog houses, storage sheds,and other small structures clearly ancillary and related to the residential uses of the Planned Development Zone. F. Uses Permitted by Special Permit Only. 1. Uses conducted in a community center or common house that are similar to home occupations, which uses shall be conducted either by a resident of the Planned Development Zone, or by a temporary guest of such a resident, such as a person who is a visiting teacher or instructor. 2. A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming,exceeding 400 square feet in area. Any such structure shall be located a minimum of 15 feet from the street right of way line if located adjacent to a public street, or a minimum of 30 feet from the edge of pavement if located adjacent to a private road within the Planned Development Zone. 3. Hospital,nursing or convalescent home, or medical clinic. 4. Public or private schools, libraries,parks, and playgrounds. 5. Nursery schools, group family day care homes, and day care centers. 6. Municipal buildings and structures. 7. Cemeteries. 8. Tourist homes,bed and breakfast facilities,restaurant. 9. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. 10. Other uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the Planned Development Zone G. Yards. The minimum distance between buildings shall be in compliance with the New York State Uniform Fire Prevention and Building Code. H. Buffer Zones. No buildings or structures shall be located within 50 feet of the boundaries of the Planned Development Zone. I. Height. No building shall exceed thirty-six feet in height from lowest exterior grade or 40 feet in height from lowest interior grade. No structure shall exceed thirty-six feet in height. This height limitation shall not apply to silos,barns,or other structures used in connection with generally recognized agricultural operations. No such structures,however,shall exceed one hundred feet in height,or be located less than one hundred feet from any property line. J. Signs. Signs are as permitted and as regulated in the Zoning Ordinance for High Density Residential Zones. K. Parking. 1. Parking spaces shall be provided and shall be suitably surfaced in a manner acceptable to the Planning Board, in the amount of at least 1 V2 spaces per dwelling unit. 2. Parking spaces for any uses permitted by Special Permit shall be provided as required in the Zoning Ordinance. 3. Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required number of parking spaces would not adversely affect traffic flow or emergency access,would leave adequate parking for all of the reasonably-anticipated uses or occupancies on the site,and would not otherwise adversely affect the general welfare of the community, then the Planning Board may authorize that the minimum number of parking spaces be reduced by no more than 25%. In such authorization,the Planning Board may impose such reasonable conditions as may,in the judgment of the Planning Board,be necessary to ensure that such reduction would not cause congestion,create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. L. Manner of Land Ownership. The property in this Planned Development Zone may be owned in the following manners: 1. Where one entity, such as a person or persons, or a cooperative, owns the land and leases land to individuals who then erect dwelling units on the leased land,or where one entity owns the land and all buildings and leases specific dwelling units and associated accessory buildings to individuals or families; or 2. Where each dwelling unit is separately owned by one or more persons or entities(with or without a homeowners' association or similar body)provided that there is compliance with the Subdivision Regulations of the Town of Danby(including regulations related to clustered subdivisions); or 3. As a condominium provided that there is compliance with the Subdivision Regulations of the Town of Danby(including regulations related to clustered subdivisions); and 4. Common land, facilities, infrastructure (roadways, water and sewer systems, stormwater management systems, and other infrastructure), and open land with or without buildings may be owned by a separate corporation controlled by the residents of the Planned Development Zone. M. Site Plan Approval. 1. In the event of any of the manners of land ownership described herein,a Final Site Plan,providing such detail as is normally required for a Final Subdivision Plat and showing the dimensions and location,in such detail as the Planning Board may require,of the areas proposed for lease or transfer, shall be submitted to and approved by the Planning Board before any building permits are issued. The criteria for approval of such Final Site Plan shall be the same criteria used by the Planning Board in approving site plans and subdivisions set forth elsewhere in the Zoning Ordinance and in the Subdivision Regulations(including clustered subdivisions as applicable)of the Town of Danby. 2. The Final Site Plan shall be substantially in accordance with the General Site Plans approved by the Town Board as part of this local law, such plans being "Preliminary Plan, Proposed White Hawk Neighborhood, Sheets ST-1, -2, -3, and-4,"by Timothy C. Buhl,P.E., dated November 26, 2006, as updated by White Hawk Ecovillage—Supplement to Preliminary Plans",by Henry Peterson,dated February 8,2007. Any significant deviations to those plans shall be submitted to and approved by the Town Board before issuance of any building permits. 3. Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the General Site Plans in granting Final Site Plan approval provided that the modifications are in general conformity with the purposes, objectives, and provisions of this section creating this Planned Development Zone and other provisions of the Zoning Ordinance,unless a variance for a deviation has been obtained from the Board of Appeals. 4. The Final Site Plan shall also include, for Planning Board approval, design standards and specifications for buildings, lighting, signs, and all other improvements to be constructed in the Planned Development Zone. 5. Modification of Final Site Plan. Any change in the site plan as finally approved by the Planning Board shall not be made until an application for a revised site plan is provided to and approved by the Planning Board, unless the modifications are exempted from this requirement pursuant to the provisions for modifications to site plans as currently provided in Section 802 of the Zoning Ordinance of the Town of Danby,with the exception that within the Planned Development Zone, if the modification involves a. a movement or shift of a location of one or more buildings not more than 25 feet in any direction from the location shown on the final site plan(instead of 2 feet as provided in the Zoning Ordinance); and b. such shift does not alter proposed traffic flows or access; and c. such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval, d. then such modification can be made without requiring approval of the modified site plan by the Planning Board. N. Ingress and Egress. 1. No building permits shall be issued for construction of any structures within the Planned Development Zone unless the following exist at the time of the issuance of such permit to assure adequate ingress and egress to the property: a. An access road from Danby Road is legally available to all current and potential future residents, constructed,and maintained to the extent of providing,in the opinion of the Town's Consulting Engineer and the Town Highway Superintendent,a usable,serviceable roadway for ingress and egress of residential,emergency,and service vehicles,to all dwellings and community buildings in the Planned Development Zone as shown on the final site plan. b. Suitable provisions to assure continuing legal access and continuing maintenance of the road to a standard which will allow unimpeded passage of such vehicles at all times and in all seasons. c. A sign posted at the intersection of the access road and Danby Road indicating that the road is not a Town road. 2. No certificates of occupancy shall be issued,and no building permits for construction of more than ten dwelling units shall be issued unless and until the access road,plus any additional road necessary to provide fire and emergency protection, has been completed in accordance with the plans and specifications approved as part of the Final Site Plan, and to the satisfaction of the Town's Consulting Engineer and the Town Highway Superintendent. O. Ownership of Access Road. 1. The access road running from Danby Road into the Planned Development Zone shall be owned in fee title by the property owner(s),cooperative,homeowners' association,condominium association,or all of the owners of any individual lots contained within the Planned Development Zone, as approved by the Planning Board upon advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Planned Development Zone. This provision shall terminate at such time, if ever, as the road is conveyed to the Town. 2. If lots are subdivided out within the Planned Development Zone,they do not have to have frontage on a public street, so long as access and the necessary cross-easements for access to such public street over the access road are guaranteed to the satisfaction of the Town. P. Dedication of Road to the Town of Danby. The road or roads may be offered for dedication to the Town of Danby provided that the road or roads are constructed or reconstructed to Town specifications as in effect at the time of said proposed dedication except that,at the option of the Town,the Town may waive certain requirements related to paving,surface treatment,or roadway and shoulder dimension improvements provided that if the Town decides that such improvements are necessary,then the cost of such improvements shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Planned Development Zone and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or residents of the Planned Development Zone, or may include the establishment of a Special Benefit District.Nothing in this provision is intended to compel the Town to accept such dedication. Q. Open Space. All open space shown on the final site plan(as may be subsequently modified upon approval of the Planning Board)will be owned,maintained,and the use thereof controlled by the landowner or a residents association or duly formed cooperative housing corporation. In the event that any open space is ever dedicated to the Town,then those areas owned by the Town will be owned,maintained,and the use thereof controlled by the Town. R. Provision of Sewage Treatment Facilities. No building permits or certificates of occupancy shall be issued for dwellings or other structures in the Planned Development Zone unless it is demonstrated that the sewage treatment facilities for such are in conformance with the requirements of the Tompkins County Health Depot tiuent and other involved agencies. S. Provision of Water Supply and Service Facilities. No building permits or certificates of occupancy shall be issued for dwellings or other structures in the Planned Development Zone unless it is demonstrated that the water supply and service facilities for such are in conformance with the requirements of the Tompkins County Health Depattment and other involved agencies. T. Development of Farm Pond and Pumping Hydrant. No building permits or certificates of occupancy shall be issued for more than ten dwelling units, and no building permit or certificate of occupancy for a community center or common house shall be issued, unless and until the Farm Pond and Pumping Hydrant shown on the General Site Plans are installed and operational, to the satisfaction of the Town and the Danby Fire District. Section 3. Invalidity. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4.. Effective Date. This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. (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. 3 of 2007 of the (County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD on APRI L 9 20 07 in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 . ; 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have 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, d was finally d pted in the manner indicated in paragraph I , above. able r Clerk the county legislative b 4y City,Town or Village Clerk or officer designated by local legislative body r (Seal) t a 7, od 7 Date: (Certification to .0.p executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney Of locality.) STATE OF NEW YORK COUNTY OF TOMPK _IS I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature 7"Cki N 4 rr rmie7 Title nt^�y Ci� P-4 Village /�► Date: /�t" 7 t 2"o DOS-239 (Rev.05/05) Page 3 of 3 ll /7 >6-, A Si/4/IL 77:7,v5 60 __/dathk i5 \ f6') zez- ; 2v X770 S 1 )hA- 14 ;%ned kc'75 (7. i°(t A(caret, 77 Asek../ / Br. k• ,Aggiw g /ad_ pc/ p-se (Lis 241 k s 7t1-6 . . 77,P / ,61,4w 2 0(1-1bl_ 6-0 • p66,44/4-1/1/oWO& ) toV To '71 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ❑ County ❑ City of DANBY Town ❑ Village Local Law No. 3 of the year 20 07 Alocallaw AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY (Insert Title) TO ESTABLISH PLANNED DEVELOPMENT ZONE 19, FOR WHITEHAWK ECOVILI AGF Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of TOWN OF DAN BY as follows: Town ❑ Village • LOCAL LAW NO.3 OF 2007 A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY TO ESTABLISH PLANNED DEVELOPMENT ZONE 19,FOR "WHITE HAWK ECOVILLAGE" Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings. 1. An application for a Planned Development Zone,with the proposed development in the Zone known as White Hawk Ecovillage for the purpose of developing 30 dwelling units along with other structures on the lands described herein, has been reviewed by the Town. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239 (Rev.05/05) Page 1 of 3 2. The Town Board finds that the proposed White Hawk Ecovillage would meet Comprehensive Plan objectives of encouraging development in and near the Central Danby Hamlet; and preserving land for agricultural and conservation use. Section 2. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Danby as re- enacted and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: A. Town of Danby Planned Development Zone 19 is hereby established,and shall be comprised of all of those lands known as Town of Danby Tax Parcels 7.-1-68 and 7.-1-69.1,located on the west side of Danby Road between Gunderman and West Miller Roads, along with the lands that adjoin the frontage of these parcels extending to the centerline of New York State Route 96-B. B. Said lands are hereby rezoned from High and Medium Density Residential Zones to Planned Development Zone 19. C. The General Site Plans for the Planned Development Zone consist of maps entitled"Preliminary Plan, Proposed White Hawk Neighborhood, Sheets ST-1, -2, -3, and-4,"by Timothy C. Buhl, P.E., dated November 26,2006,as updated by"White Hawk Ecovillage—Supplement to Preliminary Plans",by Henry Peterson, dated February 8, 2007. D. Permitted Principal Uses. No building shall be erected or extended and no land or building shall be used for other than any of the following purposes: 1. Single-family or two-family dwelling provided that each dwelling unit is occupied by no more than one family. 2. Multiple-family dwelling provided that each dwelling unit is occupied by no more than one family. 3. Family day care home. 4. Community center, also known as `common house', which may house recreation, meeting, and dining space,children's playrooms,kitchen facilities,common laundry facilities,and other permitted accessory uses; and other community space compatible with the purpose of being an extension of the dwellings provided,however,that the community center shall be used primarily by the residents within the Planned Development Zone. 5. Customary agricultural uses and structures,including barns,silos,livestock enclosures,and storage buildings,provided,however,that no storage of manure or any permanent use of land or buildings producing offensive odor or dust shall be located within 100 feet of any property line, dwelling, or community center. 6. A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming,as a seasonal convenience to the owner or owners of the land,not exceeding 400 square feet in area. Any such structure shall be located a minimum of 15 feet from the street right of way line if located adjacent to Danby Road, and a minimum of 30 feet from the edge of pavement if located adjacent to a private road within the Planned Development Zone. Any such structure shall also be located in a manner as to permit safe access by vehicles and parking off the street. 7. The keeping of domestic animals or fowl in accessory buildings,provided that no such building shall be located within 50 feet of any dwelling; and provided that there shall be no raising of fur-bearing animals, or kennels for more than three dogs over six months old. 8. Any municipal,public, or private utility purpose necessary to the maintenance of utility services. E. Permitted Accessory Uses. 1. Garage or carport. 2. Off-street parking,garage,or carport space for the residents of the Planned Development Zone,and for any visitors, or any non-resident employees associated with home occupations. 3. Home occupations, which shall be limited to dressmaking, hairdressing, teaching, laundering, carpentry,electrical and plumbing work,and similar types of activity;and professional offices,such as architects, lawyers, consultants, realtors, doctors, dentists, engineers and insurance brokers, operated within a residence or a private garage. A home occupation is also subject to the following provisions: a. It shall have no external evidence on the site except a sign denominating the occupation not over ten square feet in area. Any such sign shall be nonflashing and if illuminated, shall be shielded as much as possible from adjoining residences; b. It shall not employ more than two additional people who are non-residents; c. It may not entail the outdoor storage or display of materials, equipment, or other items of commerce; nor the uncovered parking of more than one commercial vehicle; d. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or electronic disturbance beyond the property it occupies; and e. It shall not generate traffic in any greater volume than would normally be expected in a residential neighborhood,with any need for parking generated by the occupation to be met off the street and in accordance with any other regulation of the Zoning Ordinance. 4. Private swimming pool, tennis courts, and other similar recreational facilities for the principal private use of the residents of the Planned Development Zone. 5. Accessory structures such as dog houses,storage sheds,and other small structures clearly ancillary and related to the residential uses of the Planned Development Zone. F. Uses Permitted by Special Permit Only. 1. Uses conducted in a community center or common house that are similar to home occupations, which uses shall be conducted either by a resident of the Planned Development Zone, or by a temporary guest of such a resident, such as a person who is a visiting teacher or instructor. 2. A roadside stand or other structure for the display and sale of farm or nursery products incidental to farming,exceeding 400 square feet in area. Any such structure shall be located a minimum of 15 feet from the street right of way line if located adjacent to a public street, or a minimum of 30 feet from the edge of pavement if located adjacent to a private road within the Planned Development Zone. 3. Hospital,nursing or convalescent home,or medical clinic. 4. Public or private schools, libraries,parks, and playgrounds. 5. Nursery schools, group family day care homes, and day care centers. 6. Municipal buildings and structures. 7. Cemeteries. 8. Tourist homes,bed and breakfast facilities,restaurant. 9. Customary home occupations and professional residential offices where external visible evidence of same exists on the site. 10. Other uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the Planned Development Zone G. Yards. The minimum distance between buildings shall be in compliance with the New York State Uniform Fire Prevention and Building Code. H. Buffer Zones. No buildings or structures shall be located within 50 feet of the boundaries of the Planned Development Zone. I. Height. No building shall exceed thirty-six feet in height from lowest exterior grade or 40 feet in height from lowest interior grade. No structure shall exceed thirty-six feet in height. This height limitation shall not apply to silos,barns, or other structures used in connection with generally recognized agricultural operations. No such structures,however,shall exceed one hundred feet in height,or be located less than one hundred feet from any property line. J. Signs. Signs are as permitted and as regulated in the Zoning Ordinance for High Density Residential Zones. K. Parking. 1. Parking spaces shall be provided and shall be suitably surfaced in a manner acceptable to the Planning Board, in the amount of at least 1 V2 spaces per dwelling unit. 2. Parking spaces for any uses permitted by Special Permit shall be provided as required in the Zoning Ordinance. 3. Notwithstanding the foregoing, if the Planning Board determines that a reduction in the required number of parking spaces would not adversely affect traffic flow or emergency access,would leave adequate parking for all of the reasonably-anticipated uses or occupancies on the site,and would not otherwise adversely affect the general welfare of the community, then the Planning Board may authorize that the minimum number of parking spaces be reduced by no more than 25%. In such authorization,the Planning Board may impose such reasonable conditions as may,in the judgment of the Planning Board,be necessary to ensure that such reduction would not cause congestion,create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. L. Manner of Land Ownership. The property in this Planned Development Zone may be owned in the following manners: 1. Where one entity, such as a person or persons, or a cooperative, owns the land and leases land to individuals who then erect dwelling units on the leased land,or where one entity owns the land and all buildings and leases specific dwelling units and associated accessory buildings to individuals or families; or 2. Where each dwelling unit is separately owned by one or more persons or entities (with or without a homeowners' association or similar body)provided that there is compliance with the Subdivision Regulations of the Town of Danby(including regulations related to clustered subdivisions); or 3. As a condominium provided that there is compliance with the Subdivision Regulations of the Town of Danby(including regulations related to clustered subdivisions); and 4. Common land, facilities, infrastructure (roadways, water and sewer systems, stormwater management systems, and other infrastructure), and open land with or without buildings may be owned by a separate corporation controlled by the residents of the Planned Development Zone. M. Site Plan Approval. 1. In the event of any of the manners of land ownership described herein,a Final Site Plan,providing such detail as is normally required for a Final Subdivision Plat and showing the dimensions and location,in such detail as the Planning Board may require,of the areas proposed for lease or transfer, shall be submitted to and approved by the Planning Board before any building permits are issued. The criteria for approval of such Final Site Plan shall be the same criteria used by the Planning Board in approving site plans and subdivisions set forth elsewhere in the Zoning Ordinance and in the Subdivision Regulations(including clustered subdivisions as applicable)of the Town of Danby. 2. The Final Site Plan shall be substantially in accordance with the General Site Plans approved by the Town Board as part of this local law, such plans being "Preliminary Plan, Proposed White Hawk Neighborhood, Sheets ST-1, -2, -3, and-4,"by Timothy C. Buhl, P.E., dated November 26, 2006, as updated by White Hawk Ecovillage—Supplement to Preliminary Plans",by Henry Peterson,dated February 8,2007. Any significant deviations to those plans shall be submitted to and approved by the Town Board before issuance of any building permits. 3. Notwithstanding the foregoing, the Planning Board is authorized to permit modifications of the General Site Plans in granting Final Site Plan approval provided that the modifications are in general conformity with the purposes, objectives, and provisions of this section creating this Planned Development Zone and other provisions of the Zoning Ordinance,unless a variance for a deviation has been obtained from the Board of Appeals. 4. The Final Site Plan shall also include, for Planning Board approval, design standards and specifications for buildings, lighting, signs, and all other improvements to be constructed in the Planned Development Zone. 5. Modification of Final Site Plan. Any change in the site plan as finally approved by the Planning Board shall not be made until an application for a revised site plan is provided to and approved by the Planning Board, unless the modifications are exempted from this requirement pursuant to the provisions for modifications to site plans as currently provided in Section 802 of the Zoning Ordinance of the Town of Danby, with the exception that within the Planned Development Zone, if the modification involves a. a movement or shift of a location of one or more buildings not more than 25 feet in any direction from the location shown on the final site plan(instead of 2 feet as provided in the Zoning Ordinance); and b. such shift does not alter proposed traffic flows or access; and c. such shift does not directly violate any express conditions (including, without limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval, d. then such modification can be made without requiring approval of the modified site plan by the Planning Board. N. Ingress and Egress. 1. No building permits shall be issued for construction of any structures within the Planned Development Zone unless the following exist at the time of the issuance of such permit to assure adequate ingress and egress to the property: a. An access road from Danby Road is legally available to all current and potential future residents, constructed,and maintained to the extent of providing,in the opinion of the Town's Consulting Engineer and the Town Highway Superintendent,a usable,serviceable roadway for ingress and egress of residential,emergency,and service vehicles,to all dwellings and community buildings in the Planned Development Zone as shown on the final site plan. b. Suitable provisions to assure continuing legal access and continuing maintenance of the road to a standard which will allow unimpeded passage of such vehicles at all times and in all seasons. c. A sign posted at the intersection of the access road and Danby Road indicating that the road is not a Town road. 2. No certificates of occupancy shall be issued,and no building permits for construction of more than ten dwelling units shall be issued unless and until the access road,plus any additional road necessary to provide fire and emergency protection, has been completed in accordance with the plans and specifications approved as part of the Final Site Plan, and to the satisfaction of the Town's Consulting Engineer and the Town Highway Superintendent. O. Ownership of Access Road. 1. The access road running from Danby Road into the Planned Development Zone shall be owned in fee title by the property owner(s),cooperative,homeowners' association,condominium association,or all of the owners of any individual lots contained within the Planned Development Zone, as approved by the Planning Board upon advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Planned Development Zone. This provision shall terminate at such time, if ever, as the road is conveyed to the Town. 2. If lots are subdivided out within the Planned Development Zone,they do not have to have frontage on a public street, so long as access and the necessary cross-easements for access to such public street over the access road are guaranteed to the satisfaction of the Town. P. Dedication of Road to the Town of Danby. The road or roads may be offered for dedication to the Town of Danby provided that the road or roads are constructed or reconstructed to Town specifications as in effect at the time of said proposed dedication except that,at the option of the Town,the Town may waive certain requirements related to paving,surface treatment,or roadway and shoulder dimension improvements provided that if the Town decides that such improvements are necessary,then the cost of such improvements shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Planned Development Zone and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or residents of the Planned Development Zone, or may include the establishment of a Special Benefit District. Nothing in this provision is intended to compel the Town to accept such dedication. Q. Open Space. All open space shown on the final site plan(as may be subsequently modified upon approval of the Planning Board)will be owned,maintained,and the use thereof controlled by the landowner or a residents association or duly formed cooperative housing corporation. In the event that any open space is ever dedicated to the Town,then those areas owned by the Town will be owned,maintained,and the use thereof controlled by the Town. R. Provision of Sewage Treatment Facilities. No building permits or certificates of occupancy shall be issued for dwellings or other structures in the Planned Development Zone unless it is demonstrated that the sewage treatment facilities for such are in conformance with the requirements of the Tompkins County Health Depai tment and other involved agencies. S. Provision of Water Supply and Service Facilities. No building permits or certificates of occupancy shall be issued for dwellings or other structures in the Planned Development Zone unless it is demonstrated that the water supply and service facilities for such are in conformance with the requirements of the Tompkins County Health Department and other involved agencies. T. Development of Farm Pond and Pumping Hydrant. No building permits or certificates of occupancy shall be issued for more than ten dwelling units, and no building permit or certificate of occupancy for a community center or common house shall be issued, unless and until the Farm Pond and Pumping Hydrant shown on the General Site Plans are installed and operational, to the satisfaction of the Town and the Danby Fire District. Section 3. Invalidity. If any provision of this local law is found invalid by any court of competent jurisdiction,such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 4. Effective Date. This local law shall take effect 10 days after its publication in the official newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New York,whichever is later. (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. 3 of 2007 of the (County)(City)(Town)(Village)of DAN BY was duly passed by the TOWN BOARD on APRIL 9 20 07 ,in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 in accordance w ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)of was duly passed by the on 20 ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special)(annual)election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20_ ,and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none, the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-239 (Rev.05/05) Page 2 of 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have 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, d was finally d pted in the manner indicated in paragraph , above. /, / Clerk f the county legislative b 01,y City,Town or Village Clerk or officer designated by local legislative body (Seal) Date: //i^t�G c /( 04 7 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County Cityof Town Village Date: • DOS-239 (Rev.05/05) Page 3 of 3 AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL . TOWN OF DANBY ADOPTION OF LOCAL LAW NO.3 OF 2007 'NOTICE IS HEREBY GIVEN thheat ld at on a the 9th da Regular Meeting y 2007, the Town boarof d Ap oril f I the Town of Danby duly State of New York,Tompkins County,ss.: adopted a local law enti- tled "A LOCAL LAW \f�� AMENDING THE ZONING �..,‘ , l - nccYfi being duly sworn,deposes and ORDINANCE OF THE TOWN OF DANBY TO ES- TABLISH PLANNED DEVEL- says that she/he resides in Ithaca,county and state aforesaid and that OPMENT ZONE 19, FOR "WHITE HAWK she/he is Clerk of The Ithaca ECOVILLAGE". The pro- posed Zone would be-locat- .ed on the west side of Journal a public newspaper printed and published in Ithaca aforesaid - 7-1-68 Road on'laz-Parcels 7. and 7:-1-69.1;with the project proposed to con: and that a notice of which the annexed is a true copy was published silt of0 dwelling unity,a common house,and acces- in said paper sory• structures. Henry i P P Peterson, property owner/ 51 -a\�� applicant. •I Carol 'W. Sczepanski, Town Clerk Dated: April 27,2007 riC Publish:May 2,2007 and that the first publication of said notice was on the day of - 0\<�..),A Qco-i Subscribed and sworn to before me this day of ,,..._1(N\____0_,A___ _. -c.X_.).---i . Pe;,,:•,- , - _("----:?)---Q___,.-t--- 11—G---1---(12----- �11�;i� /cZ09� i • Notary Public Fn�Nr;y JEAN FORD Notary Public, State of New York No.4654410 Qualified in Tompkins County Commission Expires May 31,20 1 RECEIVED r$Nibi MAY 2 2 2007 STATE OF NEW YORK TOWN OF DANBY DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER May 16, 2007 LORRAINS CA CAO RFSTATE QUEZ GOVERNOR Kimberly N Rothman Miller Mayer LLP 202 East State Street Suite 700 Ithaca NY 14850 RE: Town of Danby, Local Law No. 3, 2007, filed on May 4, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 • VWWV.DOS.STATE.NY.U,S • E-MAIL:INFO @DOS.STATE.NY.US COUNTY N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 TO: Kimberly Rothman FROM: Carol W. Sczepanski` . DATE: April- 27, 2007 RE: White Hawk Local Law Enclosed are three copies of the White Hawk Ecovillage Local LaW. Town of Danby Local Law No. 3 of 2007. The original for NYS and a copy for you:rroffice and one for the Town. I have also included publications and certified copies of the adopting resolutions (No' 44 and 45) This material will not meet the 20 day criteria. In a phone conversation with Harry Willis from the Departmen of State he said that local laws: cannot become effective until filed with the State and that to forward the local law right away. It will be okay for this to be a few days late. I'll be back in the office on Thursday, May 3. Carol Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbvtownclk @aol.com TOMPKINS COUNTY 3 OT N OF DANBY - TOMPKINS COUNTY TOWN 7 T 9'. OWN CLER S S OFFICE 05 1830 Danby Road L Ithaca, New York 14850 / °111' \\\}%)).\416:\ AFFIDAVIT OF SERVICE BY 1VLAIL ,� 0V- PUBLIC HEARING NOTICE o/ STATE OF NEW YORK : SS: COUNTY OF TOMPKINS: I Carol W. Sczepanski, Town of Danby Town Clerk,being duly sworn, deposes and says: 1. That she is the Town clerk of the Town of Danby, Tompkins County,New York.ry� -terra) 2. That on 11 Inc , 31aoa7 which day is no later than fwo() days prior to the date of the hearing, she caused to be mailed, pursuant to the provisions of the Danby Zoning Ordinance of the Town of Danby,a copy of the notice of hearing,which is attached hereto and made a part hereof, to each of the property owners of the subject property referred to in said notice on both sides of the property affected immediately adjacent extending 500 feet therefrom, the names and addresses of said property owners being contained on the list attached hereto and made a part hereof. at&ele agafrce.A., Carol W. Sczepanski, ollvn Clerk Town of Danby • Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk@aol.com \7 AFFIDAVIT OF PUBLICATION The Ithaca TOWN OF DANBY PUBLIC HEARING JOURNAL NOTICE • 'PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold a• public hearing on Mon- day, April 9, 2007 at 6:30 p.m.at 1830 Danby Road, Ithaca, New York to Consider Approval of the State of New York,Tompkins County, ss.: General Site Plans,and En fled eAf Lo al L'awLAmend eiligA A- & being duly sworn,deposes and g Ordinance in the Zonin o the Town of Danby to Es- says that she/he resides in Ithaca, county and state aforesaid and that tablish Plonned Develop. ment Zone 19, for "White;. Hawk Ecovillage`. The she/he is Clerk of The Ithaca iproposed Zone would be located on the west side oe Danby Road on Tax Parcels Journal a public newspaper printed and published in Ithaca aforesaid i7-1-68 and 7.1-69.1;with the p'ro'ect proposed fo coo- sist of n0 dwelling units, a- and that a notice of which the annexed is a true copy was published lcommon house,andacce`s , nor 'structures. Heniy Peterson, property in said paper owner/applicant. 3 133)6� Residents may view the General Site Plans and the proposed local law at the Town Clerk's office during regular office hours. All persons will be heard I in person or in writing.' and that the first publication of said notice was on the ol3 By Order of the Town Board Carol W.Sczepanski, 1 • day of POrk (5?�7 1 Town Clerk ?Dated: March 21,2007 .A/._I..LL / 11 ate_/�/ . Publish: March 23,2007 i Subscribed and sworn to before me this c:)..(p day of '--- ( . JEAN FORD Notary Public . Notary Public, State of New York RECEIVED No.4654410 Qualified in Tompkins County I MAR 2 8 2007 r Commission Expires May 31,20 11 TOW OFDANBy r \ 1.7 TOWN OF DANBY PUBLIC HEARING NOTICE I PLEASE TAKE NOTICE,that the Town Board of the I Town of Danby will hold a public hearing on Mon- ; day, April 9, 2007 at 6:30 p.m .at 1830 Danby ! Road, Ithaca, New York to. Consider Approval of the ) General Site Plans,and En- I 'actment of a Local Law enti- d tied "A Local Law Amend' a.ing the Zoning Ordinance 'a of the Town of Danby to Es- if tablish Planned .Develop- d merit Zone 19, for "White le Hawk Ecovillage". The la proposed Zone would be s).located on the west side of. to Danby Road on Tax Parcels ,x- 7.-1-68 and 7.-1-69.1;with the project proposed to con- sist of 30 dwelling units,a lis common house,and acces- fly sory..structures. Henry pe Peterson, property owner/applicant. 'e Residents may view the e. General.Site Plans and the proposed local law at the Town Clerk's office during iff regular office hours.. in All persons will be heard in person or in writing. . '1e i By Order of the • - ue / Town Board, _ lo- Carol W.Sczepanski, ed Town Clerk Dated: if March 21,2007 Publish:• :C. March 23,2007 — et• Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New:York. 14850 Edward C.Marx,AICP • Commissioner of Planning Telephone(607) 274-5560 and Public Works Fax(607) 274-5578 April 9,2007 Ms. Susan Beeners,Code Enforcement Officer Town of Danby 1830 Danby Road Ithaca,NY 14850-9419 VIA FASCI IILE AND POSTAL MATT, Re: Review Pursuant to §239-1 and-m of the New York State General Municipal Law Action: Proposed White Hawk Ecovillage Planned Development Zone Dear Ms.Beeners: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and-m of the New York State General Municipal Law. The Department has no comment regarding the environmental review for the above- mentioned project under the provisions of the State Environmental Quality Review Act(SEQR). The Department has reviewed the proposal,as submitted,and has determined that it has no negative inter- community, or county-wide impacts. The Department offers the following comments regarding the proposed zoning amendment, which are not formal recommendations under General Municipal Law§239 -1 and—m: • The Town should consider eliminating items 3-8 (inclusive) of Section F of the proposed local law. This section allows long-term uses and services within the Planned Development Zone that could serve all residents of the Town and,thus, would be more appropriately located in or near the hamlet. These uses also do not appear to be consistent with the intent of this project. • The Town may want to consider eliminating garages, carports,and carport spaces as"Permitted Accessory Uses"within the Planned Development Zone or allowing them only by special permit. Doing so will ensure a comprehensive evaluation of the need for excess parking beyond that which is provided in the planned parking lot. • The Department offers the following comments on the preliminary plans for this development,which are not formal recommendations under General Municipal Law§239-1 and—m: • The developer needs to ensure that the site can provide an adequate supply of drinking water and level of wastewater treatment necessary to accommodate full build out of the proposed development. 2 .4 BLSS-17L2-L09 ad3110101I dR t : 10 LO 60 .idd White IIawk Ecovill age 239 Rcvicw Page 2 of 2 In addition,special consideration should be given to the depth of the water table and the capability of the soils to support the clustering of the wastewater treatment systems and wastewater treatment replacement systems. • The proposal should address how bus service will be provided for school children. • The proposal should include a well-designed path to accommodate pedestrian travel along the access road. This path will be especially important for children that may be walking to a bus stop along Route 96B as well as for other residents walking to the hamlet, convenience store, commuter bus stops,or other more centrally located services. • It may desirable to identify location(s)for additional parking should it be needed to accommodate future activities such as home occupations. Please inform us of your decision so that we can make it a part of the record. Should this project move forward, we look forward to the opportunity to review the Site Pan and provide our recommendations under§239 -1 and—m of the General Municipal Law. Sincerely, Edward C.Marx,AICP Commissioner of Planning and Public Works cc: Steve Maybee,Tompkins County Health Department • £ 'd SLSS- 'L2-L09 fd31,3131I d6T : i0 LO SO .add Page 1 of 1 Denise: Here is a legal I forgot to have published earlier. TOWN OF DANBY ADOPTION OF LOCAL LAW NO. 3 OF 2007 NOTICE IS HEREBY GIVEN that at a Regular Meeting held on the 9th day of April 2007, the Town board of the Town of Danby duly adopted a local law entitled "A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF DANBY TO ESTABLISH PLANNED DEVELOPMENT ZONE 19, FOR"WHITE HAWK ECOVILLAGE". The proposed Zone would be located on the west side of Danby Road on Tax Parcels 7.-1-68 and 7.-1-69.1; with the project proposed to consist of 30 dwelling unity, a common house, and accessory structures. Henry Peterson, property owner/applicant. Carol W. Sczepanski Town Clerk Dated: April 27 Publish: May 2 Affidavit of publication requested. Saturday, April 28, 2007 America Online: Danbytownclk TO: TO PROPERTY OWNERS -NOTICE OF PUBLIC HEARING OF AN APPLICATION TO ESTABLISH A PLANNED DEVELOPMENT ZONE IN YOUR NEIGHBORHOOD FROM: TOWN OF DANBY DATE: MARCH 23, 2007 RE: APPLICATION FOR THE WHITE HAWK ECOVILLAGE PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a public hearing on Monday, April 9, 2007 at 6:30 p.m. at 1830 Danby Road, Ithaca,New York to Consider Approval of the General Site Plans, and Enactment of a Local Law entitled "A Local Law Amending the Zoning Ordinance of the Town of Danby to Establish Planned Development Zone 19, for"White Hawk Ecovillage". The proposed Zone would be located on the west side of Danby Road on Tax Parcels 7.-1-68 and 7.-1-69.1; with the project proposed to consist of 30 dwelling units, a common house, and accessory structures. Henry Peterson, property owner/applicant. Residents may view the General Site Plans and the proposed local law at the Town Clerk's office during regular office hours. All persons will be heard in person or in writing. By Order of the Town Board Carol W. Sczepanski, Town Clerk Dated: March 21, 2007 Published: March 23, 2007 . r" • i � i'.._ ...___ -_______ . :".1_._ ....7.._ _,. so-iiiiCT:, 'E ',.pilE ' 71' ' rillia -.-.'r' 1,1----..- . - 1 . :T ill 11111.0111111r Oa \-•, .- -- '- IRE Wit ,-,- „ " ,s; 0.-2,--'44.. ? �igs tic .allipr in ..e , P -4,7-22..fmk.Atell ,., \ — 1: TOMP.KINS :-" COUNTY r, r x }, T N OF DANBY - TOMPKINS COUNTY t W S a -2 TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 Secretary of State of New York Department of State Bureau: of"State Records 41 State Street Albany, New York 12231 RE: Town of Danby Local LawNo. 3 of the Year 2007 Dear Sirs and Ladies Enclosed for filing in your office is-an original copy of the Town of Danby Local Law No. 3 of 2007:etitled " A Local Law Amending the Zoning Ordinance Of-the Town of Danby to Eastabish Planned Development Zone 19, for "White Hawk Ecovillage" Please forward the receipt for filing of these Local Laws directlyto Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850 Ve y Ti uly y/ rs, (WV Wei4A-4 (7 Carol W. Scze a ski Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytovvnclk@aol.com MILLER MAYER, LLP ATTORNEYS AT LAW R.James Miller Kimberly N.Rothman John Moss Hinchcliff 202 East State Street,Suite 700 Nancy T-M Kung Elena Salemo Flash Ithaca,New York 14850 Hayden R.Brainard,Jr. Rosanne Mayer Telephone:607.273.4200 George R.Pfann,Jr. Of Counsel David A.Tyler Fax:607.272.6694 Stephen Yale-Loehr Hilary T.Fraser Web:www.millermayer.com Laurie M.Johnston dat @millermayer.com Adam R.Schaye Carolyn S.Lee May 3, 2007 Carol W. Sczepanski, Town Clerk Town of Danby 1830 Danby Road Ithaca, NY 14850 Re: Town of Danby- Local Law 3 of 2007 Dear Carol: Enclosed herein is a signed version of Local Law 3 of 2007. I kept one signed version of this document and sent the other to the Department of State. I sent the documents via overnight mail, and so I am returning the envelope to you for future use. (I'm afraid that if I keep it here, it will get buried!) Please feel free to contact me if you have any questions. Thank you. Sincerely, imberly N. Rothman 1-1:\7935\004\2007\Itr to Carol re local law 3 of 2007 5-3-07.wpd