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HomeMy WebLinkAboutLL 2007 #4 Amend to Subdivisions • �.....?f -_.,yam►.__;. STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231-0001 ELIOT SPITZER September 6, 20077 LORRAINE A.CORTES-VAZQUEZ GOVERNOR SECRETARY OF STATE Kimberly N Rothman Miller Mayer LLP 202 East State Street, Suite 700 Ithaca NY 14850 RE: Town of Danby, Local Law No. 4, 2007, filed on August 28, 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 RF�k%ifr Sep r°�ti (00? o� • oy�'ey • • ' WWW.DOS.STATE.NY.US • E-MAIL:INFO @DOS.STATE.NY.US aTOMPKINS .'. `'COUNTY PPP' N OF DANBY - TOMPKINS COUNTY 1,' (607)277-4788 1830 DANBY ROAD ;" ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 CODE ENFORCEMENT OFFICE Phone(607)277-0799 Fax 277-0559 August 30, 2007 To: Ed Marx Tompkins Co. Dept. of Planning From: Susan Beeners /, Re: Subdivision and Land Division Regulations of the Town of Danby,New York— Review pursuant to General Municipal Law Sections 239-1 and-m Enclosed please find: Resolution No. 64 of 2007, adopted by the Town Board on August 13, 2007, enacting the following: Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land Divisions and Subdivisions, Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards and Guidelines Set Forth in the State Environmental Conservation Review Act. On behalf of the Town Board,this letter serves as the report of the final action taken. I would like to thank you for your recent review of this matter, and for your letter of August 13. Xc: Carol Sczepanski, Town Clerk Ric Dietrich, Town Supervisor Kim Rothman, Town Attorney o��- *' - 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 C (Town ❑ Village Local Law No. 4 of the year 2007 A local law AMENDING THE SUBDIVISION REGILI ATIONS OF THE TOWN-- OF DANB`P";eVVW YORK BY RECLASSIFYING CERTAIN LAND DIVISIONS AND SUBDIVISIONS. MODIFYING PROCEDURES RELATED TO SUCH LAND DIVISIONS AND SUBDIVISIONS AND INCORPORATING STANDARDS AND GUIDELINES SET FOR . . _ - e .• - . - • , - . W—ACT. Be it enacted by the TOWN BOARD of the (Name of Legislative Body) ❑ County ❑ City of DANBY as follows: a: Town ❑ Village Section 1: The Subdivision Regulations of the Town of Danby, New York adopted by the Planning Board on December 5, 1991 and approved by the Town Board on December 11, 1991, as Amended by the Town Board on September 9, 1996 and May 11, 2005, are hereby further amended as set forth herein. Section 2: The title of such regulations is changed to read as follows: "The Subdivision and Land Division Regulations of the Town of Danby, New York." (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 Section 3: The entire text of the prior regulations is hereby deleted, and it is replaced with the text which follows: "ARTICLE I INTRODUCTION AND ADMINISTRATION Section 100. Authorization. I. These regulations shall be known and cited as the "Subdivision and Land Division Regulations of the Town of Danby,New York". II. The power to approve, approve with conditions, or deny subdivision plat applications is vested in the Planning Board as provided by these regulations. Certain minor land divisions are not subject to Subdivision Review, as defined herein, but rather are subject to a more limited land division review process, as set forth in these regulations. The Code Enforcement Officer shall be responsible for enforcement of the regulations related to these minor land divisions. III. The Planning Board is authorized to develop,subject to Town Board approval,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. IV. 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, in the case of Clustered Subdivisions, to approve modified compliance with zoning regulations, as provided for in Section 278 of Town Law and Article III of these regulations. V. The Planning Board 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. The authority of the Planning Board to require clustered layouts of subdivision is limited by the conditions of Article III of these regulations, and by the provisions of Section 278 of the Town Law. VI. Whenever any division of land is proposed to be made,the property owner or his duly authorized agent shall obtain such approval as may be required by these regulations prior to undertaking any of the following activities related to the land to be divided or any portion thereof: A. offering to sell without a condition therein for subdivision approval by the Town, or B. executing a contract for sale without a condition therein for subdivision approval by the Town, or C. applying for a building permit. Section 101. Purpose. I. These regulations are intended to guide and protect the community's physical, social, and aesthetic development in accordance with the Town of Danby Comprehensive Plan, and to help the Town of 2 of 50 • • Danby 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. These regulations are also intended to protect the natural,agricultural, and historical resources of the Town, and to promote responsible use of these resources. These regulations seek to optimize the benefits sought for the community as a whole and are considered part of an overall plan to benefit all of the citizens of Danby and to aid all who wish to sell or develop a piece of land. II. 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 divided 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 shall be of such width,grade,and location as to accommodate the prospective traffic, and facilitate access for emergency services and fire fighting equipment; F. that proper provision is made for parks,playgrounds, and significant open space; G. that development is made in such a manner that it protects and conserves natural,agricultural,and historical resources; H. that there is optimum overall conservation, protection, and responsible use of the environmental resources of the Town of Danby. Section 102. References and Interpretation. I. References herein to articles,sections,subsections,and paragraphs are to those parts of these regulations, unless context indicates otherwise. II. For the purposes of these regulations, the language set forth shall be interpreted through reference to certain terms and their meanings in Appendix A, "Definitions". If not specifically defined in that Appendix,words and phrases shall be interpreted as set forth in the Town of Danby Zoning Ordinance, and otherwise so as to give them the meaning they have in common usage and to give these regulations the most reasonable application. III. Construction. For the purposes of these regulations,the language set forth shall be interpreted according to the following rules of construction: 3of50 • A. The singular includes the plural. B. The plural includes the singular. C. The word"shall" means the action is mandatory. D. The words "may" or"should" mean the action is elective. E. Any masculine words include feminine words. Section 103. Applicability. I. These regulations shall apply to any person,partnership,association,joint venture,corporation or other entity that wishes to divide any parcel of land within the Town of Danby after the effective date of these regulations. II. Any land division validly existing in the Town of Danby prior to the adoption of these regulations but which does not meet the standards for land divisions as described in these regulations and which is not,as yet, developed shall be exempt from complying with such regulations. Section 104. Administration. I. These regulations shall be administered by the Planning Board under authority delegated to it by the Town Board as provided by statute, and shall be enforced by the Code Enforcement Officer and by any other agent that the Town may designate. II. Any applicant hereunder 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 said enforcing officer or agent in accordance with the provisions of Section 110 hereof entitled "Appeals and Waivers." III. Whenever any division of land is proposed to be made,the property owner or his duly authorized agent shall comply with all the procedures and requirements set forth in these regulations. IV. With respect to Standard Subdivisions, as hereinafter defined,until the Planning Board has given final approval of such Standard Subdivision, and the Subdivision Map has been filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk bearing the approval of the Town Planning Board and all other required endorsements and complying with these regulations and all requirements of New York State 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. 4 of 50 a Section 105. Public Notice Requirements for Standard Subdivisions. I. The requirements for public notification related to Standard Subdivisions, as hereinafter defined, including posting,publication and notification of neighboring property owners, are set forth in Section 211 of these regulations. Section 106. Minimum Requirements. I. In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements, adopted for the promotion of public health, safety, and general welfare. H. Nothing in these regulations shall prohibit the a property owner from placing additional restrictions,not in violation of these regulations,on lots created by division of his land. The Town may but is not obligated to enforce any such additional restrictions. Section 107. Environmental Review. I. In accordance with the terms of these regulations, Subdividers shall be required, at any stage of the application for subdivision approval, to furnish all such information, data, maps, reports or other documents which the Planning Board, or its authorized agent, may require for environmental review procedures, including all requirements of the Title 6 of the New York Code of Rules and Regulations, Part 617, also known as the State Environmental Quality Review Act ("SEQRA"), and any local law implementing SEQRA in the Town , as any of these may be amended from time to time, or any other applicable rule,regulation, code or law. II. The Planning Board will usually act as the lead agency for the environmental review of Standard Subdivisions within the Town of Danby, although the Subdivider may also be required to obtain approvals or permits from other agencies,such as the Town of Danby Town Board or Board of Appeals, or from the Tompkins County Health Department,prior to final approval of the project. Section 108. Fees. I. The Town Board shall by resolution from time to time set a fee schedule for the review and processing of land division applications(including preparation,filing and review of such environmental review forms as are necessary under SEQRA,these regulations or any other applicable rule,regulation code or law)and for the inspections related to such land division applications. II. The Code Enforcement Officer or such other agent as the Town Board may designate shall calculate the fee for each application. Each fee shall be paid to the Town Clerk, or other authorized agent who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment. 5 of 50 • Section 109. Violation and Penalty. I. Any person,firm,or corporation who commits an offense against,disobeys,neglects,or refuses to comply with or resists the enforcement of any of the provisions of the Subdivision and Land Division Regulations of the Town of Danby,New York shall,upon conviction,be deemed guilty of a violation. A violation of these regulations is an offense and shall be punished by fine,or by imprisonment,or both. Each week an offense is continued shall be deemed a separate violation of this law. H. In addition to the penalties provided by statute, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this law. Section 110. Appeals and Waivers. I. An appeal by an aggrieved person for a review of a determination made by the Code Enforcement Officer or other enforcement agent as provided for in Section 104 of these regulations shall be made in writing, shall set forth in a reasonably concise manner the determination from which the appeal is made and a full statement of the particulars and reasons why the aggrieved person believes the appeal should be reviewed in such detail and on such forms as may be required by the Planning Board. Such appeal must be filed with the Clerk of the Planning Board at least twenty(20)days prior to the meeting of the Planning Board at which the appeal shall be heard. The Planning Board at its sole discretion may waive the aforesaid requirement and permit the appeal to be reviewed in a shorter period of time. The Planning Board shall render its decision in writing within forty-five(45)days of the meeting at which the appeal is reviewed. II. When the strict application of any of the specifications and provisions of these regulations will cause unnecessary or significant hardship or practical difficulties, the Planning Board may waive any such specification or other provision so that substantial justice may be done and the public interest secured, provided that such waiver does not constitute a violation of Town Law and the Planning Board determines that neither a significant alteration of the purpose of subdivision control is made, nor the policy enunciated or implied by the Town Board in approving these regulations is impaired. In granting waivers, the Planning Board shall also require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived. Whenever any such waiver is granted,a copy thereof must be filed with the Town Clerk who shall then distribute copies to the members of the Town Board. III. An appeal from any determination of the Planning Board shall be made in accordance with the requirements of Article 78 of the New York Civil Practice Law and Rules,and within the time limits set forth therein or in Town Law,whichever are shorter. Section 111. Amendments and Rules. I. These regulations may be amended from time to time as provided by law. 6 of 50 Section 112. Separability. I. A final determination by a court of competent jurisdiction that any one or more of the provisions of these regulations are illegal, unconstitutional or otherwise void shall not affect the validity of all other provisions and such other provisions shall continue to be enforceable and in full force and effect. • Section 113. Effective Date. I. These regulations shall be effective upon approval by the Town Board, and subsequent to filing in the New York State Department of State, as provided by New York State law. • 7 of 50 ARTICLE II REVIEW AND APPROVAL PROCEDURES Section 200. General Procedures. I. The procedures for review of land divisions shall be as provided for in these regulations and, where applicable, Sections 276 through 279 of Town Law, 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 in accordance with Section 110 of these regulations. H. Any action or determination of the Planning Board or Code Enforcement Officer, 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. Classification of Land Divisions I. Land divisions within the Town of Danby shall be classified as follows: A. LAND ANNEXATION— The transfer of title of land from its owner to an abutting owner, for consolidation with an abutting lot(sometimes referred to as a"lot line adjustment"),provided that in such transfer: 1. The remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and 2. No extension or improvement of an existing,or creation of a new public road or public water or sewer utility is involved. B. LAND DIVISION BY PERMIT—A division of land in which all criteria are met for one of the following options: 1. Option#1 —A large-lot land division is permitted,provided the following criteria are met: a. All lots resulting from the land division are 5 acres or more,each with frontage on a public road maintained year-round; b. All lots resulting from the land division meet all other pertinent zoning requirements;and c. No extension or improvement of an existing, or creation of a new public road, public utility, or other public facility or area is involved. 2. Option#2—A small-lot land division is permitted,where the division results in a lot or lots of less than 5 acres,provided that the following criteria are met: a. No other division(s)or subdivision(s)involving the parcel being divided except for Land Annexation have taken place within the previous two (2)consecutive years; b. The division results in no more than two lots, including the parcel being divided; c. All lots resulting from the land division have frontage on a public road maintained year- round; d. All lots resulting from the land division meet all other pertinent zoning requirements;and 8 of 50 e. No extension or improvement of an existing, or creation of a new public road, public utility, or public facility or area is involved. C. STANDARD SUBDIVISION — Any division of land other than a Land Annexation or Land Division by Permit. Section 202. Applicability of Subdivision Review. I. Subdivision Review, as the term is used herein, is intended to refer to the review process set forth in Sections 207 through 211 of these regulations,the basis and legislative authority for which are found in Town Law Sections 276 through 279. Land Annexations and Land Divisions by Permit are exempt from Subdivision Review and all Standard Subdivisions must undergo Subdivision Review,as set forth below. H. The following general provisions apply to various classes of land division: A. Land Annexations are exempt from Subdivision Review by the Town. However,prior to finalizing any such Land Annexation, the land owner(s) wishing to undertake the Land Annexations must receive written confirmation from the Code Enforcement Officer that the proposed Land Annexation complies with the requirements of these regulations. In issuing this written confirmation the Code Enforcement Officer may request such documentation,including a survey map,as the Officer feels is necessary to confirm compliance with these regulations. B. Land Divisions by Permit are exempt from Subdivision Review but require application to and approval by the Code Enforcement Officer pursuant to Section 206 of these regulations. This approval process is intended to be ministerial in nature and to confirm compliance with these regulations and the Zoning Ordinance. If the applicant subsequently opts to have the Planning Board review the application for a Land Division by Permit,then the application shall be reclassified as a Standard Subdivision. C. Standard Subdivisions require application to and approval by the Planning Board pursuant to Sections 207 through 211 of these regulations. The extension or improvement of an existing,or the creation of a new public road,public utility or other public facility or area requires approval by the Town Board. Section 203. Clustered Subdivisions. I. A Subdivider may request,or the Planning Board may require,the use of a Clustered Subdivision design, in accordance with the provisions of Town Law Section 278,and Article III herein. The use of Clustered Subdivision design is encouraged. Section 204. Recreational Open Space Reservation. I. The Planning Board may require the reservation of a portion of a Standard Subdivision for recreational open space,pursuant to the provisions of Article IV. 9 of 50 Section 205. Tompkins County Department of Health. I. Tompkins County Depai tanent of Health approval of water and sewerage facilities shall be required for certain land divisions. Early contact with this department by the project sponsor is advised. No final approval as provided for herein shall be granted until all necessary Tompkins County Health Depaitment approvals are obtained by project sponsor, according to the laws and regulations of that Department in effect at the time of the approval by the Town. Section 206. Land Division by Permit—Permit Procedure. I. Application. The application for a Land Division by Permit shall be submitted to the Code Enforcement Officer for review. The application shall include a Land Division Sketch Plan conforming to the requirements of Article VI, and a written application on form(s)available from the Town Clerk. II. The Code Enforcement Officer shall review the application materials,determine the completeness thereof, confirm the classification of the land division as a Land Division by Permit, and, if so determined and confirmed,shall issue a Preliminary Permit for Land Division,authorizing the applicant to proceed with preparing a Land Division Final Plat (pursuant to the requirements set forth in Article VI of these regulations). The issuance or denial of such Preliminary Permit for Land Division shall occur within thirty(30) days after receipt by the Code Enforcement Officer of the completed application materials. Any person aggrieved by such a decision may appeal the decision to the Planning Board pursuant to the provisions of Section 104 and 110 of these regulations. III. The Land Division Final Plat shall be submitted to the Code Enforcement Officer,who,upon finding the Land Division Final Plat to be in conformance with these regulations and the applicable zoning requirements as set forth in the Town of Danby Zoning Ordinance, shall so certify the Land Division Final Plat and grant a Final Permit for the Land Division. The certified Land Division Final Plat shall be filed by the applicant in the offices of the Town of Danby Clerk with proof of filing of same with the Tompkins County Clerk within one (1)year after the date of issuance of the Final Permit for the Land Division. If the Land Division Final Plat is not so certified and filed within the one-year period, the Permit for the Land Division shall expire. IV. If the land division does not meet the requirements of a Land Division by Permit or Land Annexation, then the Code Enforcement Officer shall classify the division as a Standard Subdivision and shall direct the applicant to file an application for consideration by the Planning Board. V. If an applicant for a Land Division by Permit subsequently opts to have the Planning Board approve the proposed land division, then the application shall be reclassified as a Standard Subdivision. Section 207. Standard Subdivisions—Overview of Subdivision Review. I. Standard Subdivisions shall be processed in the following steps: A. Meeting with the Code Enforcement Officer. B. Public Notification. Sign(s) shall be posted in accordance with Section 211 of these regulations. 10 of 50 C. Sketch Plan Conference with the Planning Board. D. Sketch Plan Conference with the Town Board if an extension or improvement of an existing,or the creation of a new public road,public utility, or other public facility or area is proposed. E. Application for Preliminary Plat approval. F. Planning Board review of Preliminary Plat. G. Notice of Public Hearing on Preliminary Plat and Notification of Neighboring Property Owners. Notice shall be published in the official newspaper of the Town and mailed or delivered to nearby property owners in accordance with Section 211 of these regulations. H. Public Hearing for SEQRA and consideration of action on Preliminary Plat. I. Planning Board action on Preliminary Plat. J. Town Board consideration of acceptance of proposed location and maintenance of any public roads, infrastructure, or other public facilities or areas. K. Application for Final Plat approval. L. Planning Board review of Final Plat. M. Notice of Public Hearing on Final Plat and Notification of Neighboring Property Owners.Unless the public hearing requirement for the Final Plat is waived by the Planning Board in accordance with Section 210 of these regulations,notice shall be published in the official newspaper of the Town and mailed or delivered to nearby property owners in accordance with Section 211 of these regulations N. Public Hearing for consideration of action on Final Plat(unless waived). O. Planning Board action on Final Plat. Section 208. Standard Subdivisions—Sketch Plan Review I. The Subdivider shall first meet with and present preliminary ideas to the Code Enforcement Officer in the form of a Sketch Plan,which conforms to the requirements set forth in Section 901 of these regulations. II. The Subdivider should consult with the Code Enforcement Officer as to the overall requirements of these regulations. That Officer will be available to help the applicant understand the improvements and restrictions that the Planning Board could be expected to impose upon the development, as presented. III. After reviewing the Sketch Plan with the Code Enforcement Officer, the Subdivider shall submit the Sketch Plan and a written application(on form(s)available from the Town Clerk)to the Planning Board Clerk. These application materials shall comply with the requirements set forth in Section 901 of these regulations. The Planning Board Clerk will upon receipt of such materials schedule a Sketch Plan 11 of 50 • • Conference with the Planning Board and distribute the Sketch Plan application materials to the Planning Board members in advance of such Sketch Plan Conference. The Subdivider is required to comply with the posting requirements set forth in Section 211 of these regulations in advance of such Sketch Plan Conference. If the Planning Board Clerk determines that review by the Town Board will be necessary, the Planning Board Clerk shall direct the Subdivider to submit the Sketch Plan application materials to the Town Clerk for review by the Town Board at a Town Board Conference. Any such Town Board Conference shall not take place until after the Planning Board Conference is complete. An opportunity for public comment shall be provided at the Planning Board Conference and Town Board Conference,if any. Section 209. Standard Subdivisions—Preliminary Plat Review. I. Applicability.All Standard Subdivisions shall be subject to the Preliminary Plat requirements specified herein and in accordance with Town Law unless specifically exempted pursuant to Section 110 of these regulations. II. Preliminary Plat Application.The Subdivider shall submit the Preliminary Plat and a written application (on form(s) available from the Town Clerk) to the Planning Board Clerk. These application materials shall comply with the requirements set forth in Section 902 of these regulations. 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. III. Planning Board Review of Preliminary Plat Application. The Planning Board shall review the Preliminary Plat Application and discuss such application at a Planning Board meeting. At this meeting, the Planning Board shall review the Environmental Assessment Form submitted by the Applicant and shall make a determination as to the environmental impact of the proposed project. A. If the Planning Board determines that the project may have at least one significant adverse environmental impact, it shall advise the Subdivider to prepare a Draft Environmental Impact Statement("D/EIS")(on form(s)available from the Town Clerk). The Subdivider shall then submit the D/EIS to the Planning Board and the Planning Board shall make a determination,in accordance with the requirements set forth in SEQRA, as to whether the D/EIS is complete. If the D/EIS is complete the Planning Board shall prepare a Notice of Completion and file it with the Planning Board Clerk and Town Clerk and mail a copy to the Subdivider,and any other parties as set forth in SEQRA. Thereafter, all public hearings and notice requirements required under SEQRA shall be coordinated and combined with the Subdivision Review process. B. If the Planning Board determines that the project will have no significant adverse environmental impact,it shall prepare a Negative Declaration,which it shall file with the Planning Board Clerk and Town Clerk and mail a copy to the Subdivider, and any other parties as set forth in SEQRA. Thereafter, unless further review is required under the provisions of Section 210(V) of these regulations,the SEQRA review process shall be complete. C. A Preliminary Plat shall not be complete until a Negative Declaration or a Notice of Completion is filed with the Planning Board Clerk. IV. Public Hearing for SEQRA and Consideration of Action on Preliminary Plat. Following the review by the Planning Board of the Preliminary Plat and all supplementary material requested by the Planning 12 of 50 • Board and submitted by the Subdivider in conformity with Sections 276 to 279 of Town Law, SEQRA and these regulations, and following discussions with the Subdivider on changes deemed advisable and the kind and extent of improvements to be made by the Subdivider,and following determination that the Preliminary Plat application is complete in accordance with the provisions of Section 209(VI)(C)above, the Planning Board shall hold a public hearing to consider action on the Preliminary Plat and the D/EIS (prepared as part of the SEQRA process),if applicable. This hearing shall be held within sixty-two(62) days of the receipt of the completed Preliminary Plat application by the Planning Board Clerk,except as such schedule may be modified for compliance with other laws or with the consent of the applicant. The public hearing shall be closed on motion of the Planning Board within one hundred and twenty(120)days of its commencement. The public notification requirements set forth in Section 211 of these regulations shall apply to such hearing. V. Review by the Tompkins County Planning Department. In accordance with Section 239-n of the General Municipal Law, if the proposed subdivision is subject to review by the Tompkins County Planning Depai tnient,then immediately following the public hearing on the Preliminary Plat,the Planning Board shall refer such Preliminary Plat to the County Planning Department for review and report. Within thirty (30)days of receipt of such Preliminary Plat,the County Planning Depai lment shall report to the Town the findings of its review. If the County Planning Depar tment disapproves or recommends modification to the Preliminary Plat, the Planning Board in approving the Final Plat, shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members of the Planning Board and the resolution adopting such measure shall fully setting forth the reasons for such contrary • action. VI. Action on Preliminary Plat. A. If no D/EIS is required, then within sixty-two (62) days after the close of the public hearing to consider action on 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. B. If a D/EIS is required,then the public hearing on the Preliminary Plat shall be held jointly with the public_hearing on the D/EIS; thereafter and in accordance with Section 276 of Town Law and SEQRA, either the Town or the Subdivider shall prepare and file the Final Environmental Impact Statement("F/EIS")with the Planning Board Clerk within forty-five days of the close of the joint public hearing on the D/EIS and Preliminary Plat. Within thirty(30) days after the F/EIS is filed with the Planning Board Clerk, the Planning Board shall issue findings on the F/EIS and shall approve,with or without modifications,or disapprove the Preliminary Plat and state the reasons for modifications or disapproval in the Planning Board meeting record. If the Planning Board prepares the F/EIS, a reasonable fee may be charged as set forth in SEQRA and Section 108 of these regulations. C. The time in which the Planning Board must take action may be extended only upon mutual consent of the Subdivider and the Planning Board. VII. Town Board Approval. If the Preliminary Plat includes any proposed improvements to or extension of an existing, or the creation of a new public road, public utility, or other public facility or area, then no Preliminary Plat approval shall be complete until the Subdivider has applied for and obtained preliminary acceptance, from the Town Board, of the proposed location, design, and maintenance of same. 13 of 50 • • • VIII.Planning Board Action Following Preliminary Plat Approval. Within five (5) business days after adoption of a resolution granting approval of a Preliminary Plat,the Preliminary Subdivision Map shall be signed and certified by the Planning Board Clerk as having been granted preliminary approval and the Planning Board Clerk shall take the following actions: A. File a copy of the certified Preliminary Subdivision Map and resolution in the Planning Board Clerk's office; B. Mail a copy of the resolution to the property owner; and C. File a copy of the resolution with the Town Clerk. IX. Subdivider Action Following Preliminary Plat Approval. Following Preliminary Plat approval, the Subdivider may proceed to stake out roads and lots,to prepare final plans and 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. X. Requirements for 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 Board may reasonably impose before any final approval is given. Section 210. Standard Subdivisions—Final Plat Review. I. Applicability. All Standard Subdivisions shall be subject to the Final Plat requirements, as specified herein and in accordance with Town Law,unless specifically exempted pursuant to Section 110 of these regulations. II. Final Plat Application. The Subdivider shall submit the Preliminary Plat and a written application(on form(s)available from the Town Clerk)to the Planning Board Clerk. These application materials shall comply with the requirements set forth in Section 903 of these regulations. 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. III. 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. IV. Planning Board Review of Final Plat Application. The Planning Board shall review the Final Plat Application and discuss such application at a Planning Board meeting. If the Planning Board determines that the Final Plat is in substantial compliance with the Preliminary Plat,the Planning Board may waive the public hearing requirement for such Final Plat and by resolution passed within sixty-two (62) days from the date that the completed Final Plat application is filed with the Planning Board Clerk, approve, conditionally approve with or without modification, or disapprove such Final Plat. If the Final I'lat is granted conditional approval, the resolution must contain a statement of the requirements which, when completed,will authorize final approval and certification of such plat. If the Final Plat is disapproved the 14 of 50 resolution must contain a clear statement of the reasons for such disapproval. If the Planning Board determines that the Final Plat is not in substantial compliance with the Preliminary Plat, then the Subdivider is required to comply with the requirements set forth in the following paragraph. V. Requirements when Final Plat is Not in Substantial Compliance with Preliminary Plat. A. Public Hearing for Consideration of Action on Final Plat. Following the review by the Planning Board of the Final Plat Application the Planning Board shall hold a public hearing to consider action on the Final Plat. The Planning Board shall hold this hearing within sixty-two(62)days from the date that the completed Final Plat application is filed with the Planning Board Clerk,except as such schedule may be modified for compliance with other laws and regulations,or with the consent of the applicant. The public hearing shall be closed on motion of the Planning Board within one hundred and twenty (120) days of its commencement. The public notification requirements set forth in Section 211 of these regulations shall apply to any such hearing. B. Action on Final Plat. Within sixty-two(62)days after the close of the public hearing,the Planning Board shall by resolution approve,conditionally approve with or without modification,or disapprove the Final Plat,unless this time frame is extended for compliance with other laws and regulations,or with the consent of the applicant. If the Final Plat is granted conditional approval, the resolution must contain a statement of the requirements which,when completed,will authorize final approval and certification of such plat. If the Final Plat is disapproved the resolution must contain a clear statement of the reasons for such disapproval. C. If the Final Plat is not in substantial compliance with the Preliminary Plat, and such changes are determined by the Planning Board to have a potentially significant impact on the environment,then the Planning Board may require the Subdivider to complete a new, or amend the previously completed, Environmental Assessment Form in conjunction with submission of the Final Plat. Thereafter, a new environmental review will be conducted,the requirements and timing of which will be governed by Section 276 of Town Law. VI. 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 improvements. However,approval of the plat by the Planning Board shall not constitute 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 and other State or local laws or regulations that may apply to the project. VII. Planning Board Action Following Approval of Final Plat. Within five(5)business days of adoption of a resolution approving a Final Plat, the Subdivision Map shall be signed and certified by the Planning Board Chair as having been granted final approval and the Planning Board Clerk shall take the following actions: A. File a copy of the certified Subdivision Map and resolution in the Planning Board Clerk's office; 15 of 50 IMIMMEIMINE B. Mail a copy of the resolution to the property owner; and C. File a copy of the resolution with the Town Clerk. VIII.Planning Board Action Following Conditional Approval of Final Plat. A. Within five(5)business days of adoption of a resolution granting conditional approval of a Final Plat,the Planning Board Clerk shall take the following actions: 1. File a copy of the resolution in the Planning Board Clerk's office; 2. Mail a copy of the resolution to the property owner; and 3. File a copy of the resolution with the Town Clerk. B. At the time of adopting 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 Subdivision Map subject to completion of the requirements stated in the resolution. Upon completion of the requirements,the Subdivision Map shall be signed by said duly authorized.officer. The Subdivider shall have180 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 for up to two additional 90-day periods beyond the initial 180 days, if in the Planning Board's opinion circumstances warrant such extension(s). IX. Subdivider Filing Requirement following Certification of Final Plat. Once signed and certified by the Planning Board, the Subdivider shall arrange to have the Subdivision Map filed in the Office of the Tompkins County Clerk, and shall submit proof of filing to the Planning Board Clerk's office. Any Subdivision Map not so filed or recorded with the Tompkins County Clerk by the Subdivider within sixty-two (62) days from the date upon which the Final Plat is approved or considered approved by reasons of the failure of the Planning Board to act,shall become null and void. No Subdivision Map shall be accepted for filing by the Tompkins County Clerk unless the Final Plat has been duly approved by the Planning Board in accordance with these regulations. X. If the Preliminary Plat was subject to review by the Tompkins County Planning Department pursuant to Part VIII of Section 209 of these regulations,then within thirty(30)days after final action by the Planning Board, a copy of such Final Plat and resolution to approve said Plat shall be submitted to the County Planning Department. If the Planning Board has acted contrary to the recommendations or disapproval of such County Planning Depai tnient,then the resolution to approve the Final Plat must be by a vote of a majority plus one of all members of the Planning Board and must fully set forth the reason for such contrary action. XI. Modifications of the Final Plat. 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 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 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 T ompkins County Clerk. 16 of 50 • A. 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 subdivision 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 filing it as an amended plat. B. 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. Public Notice Requirements for Standard Subdivisions. I. By posting of signs. At least ten (10)days and not more than twenty(20) days before the Sketch Plan Conference with the Planning Board described in Section 208, the Subdivider shall post a sign at the center of each property line of the property to be subdivided which fronts on a public or private roadway to inform the public of the proposed subdivision. Such sign(s) shall be continuously maintained and displayed facing the roadway until final action has been taken by the Planning Board to approve or deny the subdivision. The required sign(s) shall be obtained from the Code Enforcement Officer, and a nonrefundable fee shall be paid for each sign or replacement obtained. The Subdivider or Subdivider's representative shall submit a written affidavit to the Secretary of the Planning Board by no later than nine (9)days before such Sketch Plan Conference with the Planning Board,indicating the initial date that the sign(s)were erected. II. By newspaper.Notice of public hearing related to the Preliminary or Final Plat shall be published in the official newspaper of the Town of Danby at least seven (7) days before the Planning Board meeting at which the hearing is to be held, and shall otherwise comply with all requirements of Town Law. However, if pursuant to the procedures set forth in Section 209,the Planning Board determines that the Subdivider must prepare and environmental impact statement, then notice of public hearing shall be published at least fourteen (14)days prior to such public hearing. III. By mail or delivery. A similar notice of such public hearing related to the Preliminary or Final Plat shall either by mailed or delivered by the applicant to all owners of property within 500 feet of the boundaries of the property under consideration. The Subdivider is encouraged to hand-deliver the notice and discuss the project with neighboring property owners. The Planning Board may, at 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 seven(7)days prior to the date of the public hearing and such mailing shall be deemed to have occurred on the postmark date. The applicant(or the Town staff conducting the notification) shall file proof by affidavit of such mailing or delivery with the Planning Board no later than the date of the hearing. IV. Failure to post signs prior to said Sketch Plan Conference pursuant to Part I of this Section,or failure to notify neighboring property owners of a public hearing pursuant to Part III of this Section shall not be a jurisdictional defect and any action taken by any board,employee or agent of the Town in connection with such activities shall not be nullified or voidable by reason of the failure to post signs or notify neighboring property owners. However,such failure to post or notify may be grounds,should the Planning Board or Town Board in its discretion so determine,to decline to conduct a scheduled Sketch Plan Conference or 17 of 50 • public hearing.Failure to publish notification of public hearing pursuant to Part II of this Section shall be considered a jurisdictional defect and shall require postponement of such public hearing until such time as notice is properly published. V. Brief public presentation at meeting. As part of any Sketch Plan Conference or public hearing for the proposed project,the Subdivider shall give a brief presentation outlining the key points of the proposal at the beginning of the conference or hearing to ensure adequate understanding of the project by all members of the public in attendance. Section 212. Filing of Plats in Sections I. Prior to granting conditional or final approval of a plat in final form,the Planning Board may permit the plat to be divided 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, subject to any requirements imposed by the Planning Board. II. 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 with the Tompkins County Clerk. 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 213. Building Permit Issuance. I. The Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy for any structure on any lot in the subdivision requiring a permit or approval hereunder,unless the approved Final Plat or section thereof is duly 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. 18 of 50 • ARTICLE III SUPPLEMENTAL RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 300. Introduction. I. The Town Board has empowered the Planning Board to modify applicable provisions of the Zoning Ordinance in the review and approval of Clustered Subdivision plats,as provided in Town Law Section 278 and as supplemented by the procedures and standards herein. • II. The purpose of such authorization is to enable and encourage flexibility of design and development of land in a manner that promotes the most appropriate use of land,facilitates the adequate and economical provision of streets and utilities, and preserves the environment and the natural and scenic qualities of open lands. III. 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 better comply with the Comprehensive Plan than a conventional subdivision. IV. The provisions of this article shall not be deemed to authorize a change in the permissible use of such lands as provided in the Town Zoning Ordinance. V. No subdivision shall be approved by the Planning Board pursuant to this article which shall not reasonably safeguard the appropriate use of adjoining land or which shall not be consistent with the purpose and intent of the Zoning Ordinance or the purpose of these regulations. Section 301. General Procedures. I. At the option of the Subdivider,two(2)alternative Sketch Plans,one showing a conventional layout and one showing a clustered layout,may be submitted for Sketch Plan review by the Planning Board. H. Following review of the alternative Sketch Plans 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 plans, 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. III. Subsequent to such conceptual approval,the Preliminary and Final Plat application requirements set forth in Articles II and IX 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. IV. Such Clustered Site Plan shall show areas within which structures may be located,maximum height and minimum spacing of buildings,proposed open spaces and their landscaping,off-street open and enclosed parking spaces,streets,driveways,and other physical features as maybe required by the Planning Board. 19 of 50 • V. The Planning Board may require that a clustered development plan be made simultaneously, or subsequent to, presentation or approval of a Preliminary Plat. In such case, the Planning Board may require a Clustered Subdivision Plat and Clustered Site Plan to be prepared and presented alone or in conjunction with a conventional plat as part of the Preliminary Plat application. VI. 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, Final Plat and on other information required by these regulations, Town Law Section 278, SEQR, and other applicable regulations. VII. When the Subdivider presents to the Planning Board a conventional Preliminary Plat,the Planning Board may grant Preliminary Plat approval for a given number of units,contingent upon all or part of those units being clustered in a Final Plat acceptable to the Planning Board. VIII.In the event the Planning Board grants Preliminary Plat approval to a conventional subdivision plan,the Subdivider shall have the option of submitting a Clustered Subdivision Plat prior to Final Plat approval. This shall constitute a substantial change from the Preliminary Plat and the Planning Board shall schedule a public hearing prior to Final Plat approval in order to consider the Clustered Subdivision proposal. IX. When the Subdivider proposes to develop a portion of the property as a conventional subdivision and a portion as a Clustered Subdivision,the Planning Board may approve,modify and approve,or disapprove the proportions of the project and locations which shall be developed conventionally or be clustered. X. Both the Final Plat and the Clustered Site Plan as finally approved by the Planning Board shall be filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk. Upon such filing, the Town Clerk shall make appropriate notations and reference thereto in the Town Zoning Ordinance or Zoning Map. Section 302. General Criteria. I. MINIMUM GROSS AREA. The minimum gross area for any Clustered Subdivision proposal shall be five (5) acres. Clustered subdivisions may be peiiuitted in any zoning district of the Town of Danby. II. DETERMINATION OF RESIDENTIAL OR NONRESIDENTIAL DENSITY. A. To determine the number of dwelling units or the size and number of nonresidential buildings or lots permitted to be clustered,the Planning Board may require the Subdivider,as part of the Sketch Plan or the Preliminary Plat review process, to prepare a conventional subdivision plat which meets all standards of the Zoning Ordinance and these regulations. B. The number of dwelling units or nonresidential buildings permitted in a Clustered Subdivision may in no case exceed the number otherwise permitted in a Conventional Subdivision, in the Planning Board's judgment, calculated by application of the appropriate sections of the Zoning Ordinance. C. The Planning Board may restrict the Subdivider to a lesser number of dwelling units or nonresidential buildings if the Planning Board judges that particular conditions of the site'warrant such restriction. 20 of 50 D. In calculating the maximum allowable density,and in considering a Clustered Subdivision,the Plan- ning Board may exclude areas that,in the opinion of the Board,are unsuitable for construction of the proposed development because of excessive slopes,poor drainage,or other considerations that may be injurious to the health, safety, and welfare of the community. E. The number of dwelling units or the size and number of nonresidential buildings allowed in any Clustered Subdivision shall not exceed the number determined by the Planning Board as shown on the Sketch Plan,except as such total number may be modified by the Planning Board following the additional review of a Preliminary Plat or other information. III. OPEN SPACE. The requirements of Article IV,pertaining to open space reservation, shall apply. IV. BUFFER AREA REQUIREMENTS. A. Buffer areas between buildings in a Clustered Subdivision and the boundaries of adjacent property shall be at least equal to the minimum rear yard setbacks required by the Zoning Ordinance for the site in which the proposed subdivision is located. B. The Planning Board may require a buffer area at least forty(40)feet wide between the street line of any preexisting public road and the rest of the Clustered Subdivision. C. The Planning Board may also require the Subdivider to provide adequate landscaping within the buffer area. D. Parking spaces shall be forbidden in the buffer area. V. BUILDING CONFIGURATION. A. In the case of a residential subdivision, the Planning Board may allow the permitted number of dwelling units to be clustered in detached, semi-detached, or attached structures. B. No more than six semi-detached or attached dwelling units shall be permitted in any one structure. C. No building or other structure shall exceed the maximum height requirement of the Zoning Ordinance. D. Distances between structures containing dwelling units shall be no less than thirty(30)feet. Section 303. Other Review Considerations. I. GENERAL CONSIDERATIONS. General considerations,which the Planning Board may use in order to determine the number of dwelling units, or lots that may be developed in any Clustered Subdivision include but are not limited to the following: A. Whether such development would be substantially and materially injurious to the ownership,use and enjoyment of other property in the vicinity or neighborhood; 21 of 50 • B. Whether such development would impede the orderly development of land in the vicinity or neighborhood, and whether such use would be appropriate in appearance and in harmony with the character of such land in the vicinity or neighborhood; C. Whether the street system and off-street parking facilities could handle the expected traffic in a safe and efficient manner and not place an undue burden on existing roads; D. Whether natural surface drainageways would continue to work effectively; E. Whether water supply and sewage or other waste disposal facilities are adequate; F. Whether the environmental quality of the proposal, in terms of site planning, design, and landscaping, would be compatible with the character of the neighborhood; G. Whether the lot configuration,access,parking,and loading facilities are sufficient for the proposed activities; H. What effect the density of such clustered construction and use will have on the appearance and maintenance of open spaces in the neighborhood. II. REGULATION OF EXTERIOR CHARACTERISTICS. In the course of Clustered Subdivision plat review, the Planning Board may regulate the exterior characteristics of any proposed structures or uses in order that the development shall be,in the judgment of the Planning Board,compatible with the surrounding community. Factors,which may be considered in this judgment, include,but are not limited to the following: A. Views to be afforded present owners of private property, or legal users of public property, in the vicinity of the proposed Clustered Subdivision; B. The description and nature,including size,shape,and color,of materials to be used on the exteriors of proposed structures and in other exterior areas; C. Ambient noise incidental to the normal activity in the project after its completion,or extraordinary noise incidental to the construction of the project; D. The phasing plan proposed by the Subdivider, if the development is to be built in stages. 22 of 50 ARTICLE IV RECREATIONAL OPEN SPACE Section 400. Recreational Open Space Requirements. I. APPLICABILITY. Recreational Open Space Reservation Requirements set forth in this Section shall apply to all Standard Subdivisions. H. GENERAL REQUIREMENTS. A. The Planning Board may require that land containing usable public open space be reserved within Standard Subdivisions for parks, playgrounds, and other active or passive recreational purposes, subject to the finding,by the Planning Board, that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes,pursuant to Town Law 277. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular subdivision plat will contribute. B. In the review of applications for Standard Subdivisions,consideration shall be given to the allocation of areas suitably located for recreational open space purposes to benefit the residents of the subdivision or the neighborhood,which areas shall be made available by one or a combination of the following methods: 1. Dedication to the Town or an approved conservation agency. a. The Subdivider may transfer the deed of the open space area to the Town or to a conservation agency approved by the Planning Board and Town Board with provisions limiting the use of such area exclusively for recreational open space,or for preserved open space with accessory recreational use. b. If the Town Board approves a dedication to the Town,it shall assume the responsibility of developing and maintaining the open space area,except that the Town Board may accept development of the open space area by the Subdivider. c. In the event of a proposed dedication to an approved conservation agency, and upon determination by the Planning Board and the Town Board that sufficient public benefit would accrue from such dedication, suitable agreements related to the responsibility of open space development and maintenance shall be subject to Town Board approval. 2. Reservation of land for use by the Subdivider or by other property owners in the subdivision,by deed or covenant. a. The Subdivider may develop and maintain the open space area,and may develop a deed or other suitable instrument which specifically limits the use of said area to recreational and other open space uses. b. In such case the Subdivider shall submit a written statement along with the Preliminary Plat Application, describing how the Subdivider intends either i. to retain the land reservation in the Subdivider's ownership,and describing how the Subdivider will guarantee that appropriate maintenance is provided in perpetuity,or ii. to establish a homeowners'association or other arrangement in the subdivision which will assume ownership of the land and the responsibility for its development, maintenance, and legal liability. c. Such statement shall be subject to approval by the Planning Board and the Town Board. 23 of 50 C. Payment in Lieu of Land Reservation. 1. In the event the Planning Board makes a finding pursuant to Section II,Paragraph A that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes,but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof,in an amount to be established by the Town Board. In making such determination of suitability, the Planning Board shall assess the size and suitability of lands shown on the subdivision plat, which could be possible locations for park or recreational facilities,as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. 2. The amount of such payment shall be as set forth by the Town Board but shall not exceed the reasonable value of land that could have otherwise been required to be dedicated by the developer. If the formula used to determine the amount payable is based on the number of lots in the subdivision,a lot created to accommodate an existing dwelling shall be exempt from this requirement. 3. Unless the Subdivider agrees otherwise,the amount of such payment shall not exceed the value of the land that the Town might otherwise require for recreational purposes. 4. Such payments shall be held by the Town Board in a special Town Open Space Trust Fund to be used for the acquisition of land suitable for permanent park, playground, or other recreational purposes, and so located that it will serve primarily the general neighborhood in which the land covered by the Plat lies. 5. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the Plat is situated, providing the Planning Board and Town Board find a need for such improvements. 6. Such payment shall be made prior to the granting of Final Plat Approval by the Planning Board except as such condition maybe modified by the Town Board. In general,such payments shall be cash deposits made payable to the Town of Danby by certified or bank check,or by money order. M. MINIMUM STANDARDS. A. As a guideline, the amount of land to be reserved for Recreational Open Space (as defined in Appendix A)shall normally be in the amount of ten(10)percent of the gross area of the subdivision, and in all events the amount of land reserved for Recreational Open Space shall be proportional to the increased need for such space created by the subdivision. B. The Planning Board may require that Recreational Open Space be located at a suitable place on the edge of the subdivision so that additional land maybe added if adjacent land is subdivided. 24 of 50 • ARTICLE V GENERAL REGULATIONS FOR LAND DIVISIONS BY PERMIT Section 500. Reserve Strips Prohibited. I. APPLICABILITY. The following requirements apply to all Land Divisions by Permit. II. STANDARDS A. Reserve strips of land,which are essentially intended to control access from roads near the proposed land division to any neighboring property, or to any land within the parent parcel itself, shall be prohibited. Section 501. Water Supply, Sanitary Sewerage, and Erosion and Sedimentation Control. I. APPLICABILITY. The following requirements apply to all Land Divisions by Permit. II. STANDARDS A. Plans for all water supply, sanitary sewerage systems, and erosion and sedimentation control shall conform in all respects to applicable Town, County, and State standards. Section 502. Survey Monuments. I. APPLICABIITY. The following requirements apply to all Land Divisions by Permit. II. STANDARDS A. One(1)monument shall be located at each corner and at each general change in direction or point of curve of the boundary of the land division as finally platted. Monuments shall also be located at the beginning and end of each curve along one(1) side of the street right-of-way. B. All monuments shall be shown on the final plat. There shall be no more than one thousand(1,000) feet of distance between any two(2)monuments. C. All monuments shall be constructed of one(1)inch diameter deformed reinforcing rods,or four(4) inch square stone or reinforced concrete, with a minimum length of thirty-six(36)inches. 25 of 50 ARTICLE VI SUBMISSION REQUIREMENTS FOR LAND DIVISIONS BY PERMIT Section 600. Overview. I. This Article describes the applicability, purpose, elements and specifications of Land Division Sketch Plans and Land Division Final Plats for all Land Divisions by Permit. Section 601. Land Division Sketch Plan Requirements. I. APPLICABILITY. Land Division Sketch Plan requirements set forth in this Section shall apply to all Land Divisions by Permit. II. PURPOSE. The purpose of this step is to provide sufficient information for preliminary review of the proposed Land Division by Permit. III. ELEMENTS.The Sketch Plan is made up of the following : A. Site Map 1. SPECIFIC PURPOSE: To show the location of the proposed land division within its neighborhood context. To help defray the cost to applicants,some data maybe available,upon request,through the Town of Danby. 2. SPECIFIC ELEMENTS: a. Location and boundaries of the affected tax parcel showing roads,zoning districts,N.Y. State Agricultural Districts,adjacent properties,twenty-foot(20')contours,surface waters such as streams and ponds,and other appropriate orientation information on the parcel and within 1,000 feet of its boundaries. b. Wetlands including those shown on the New York State Freshwater Wetlands Maps,and those shown on the National Wetlands Inventory. c. Title of the sketch, including name and address of the applicant and the owner of the parcel to be divided,north point, scale, and date. d. Locations and dimensions of proposed lot lines, lot acreage, minimum yard depths and setback lines, and Construction Envelopes, which are the general sites for buildings, sewage systems, and related land disturbance. 3. SCALE: a. For parcels under 100 acres in area,such maps shall be at a scale of not less than 1"=200'. b. For parcels of 100 acres or more, the scale shall be not less than 1"=400'. Section 602. Land Division Final Nat Requirements. I. APPLICABILITY. Land Division Final Plat requirements set forth in this Section shall apply to all Land Divisions by Permit. 26 of 50 • • II. PURPOSE. The Land Division Final Plat shall supply the detailed documentation on which final permitting decisions are based. The Land Division Final Plat shall,upon final approval,be filed in the Tompkins County Clerk's Office and with the Town Clerk. III. ELEMENTS. The Final Plat shall consist of the following elements: A. Licensed Survey for Land Division by Permit. The following shall be shown on the Licensed Field Survey for Land Divisions by Permit: 1. The boundary lines of the proposed lots, giving complete descriptive data by bearings and distances,made,certified,and marked with monuments by a licensed land surveyor.Acreage shall be shown for each lot. The survey should also show: a. Title of the Land Division, including the name and address of the Subdivider and the owner of the parcel to be divided. b. North point, scale, date and location map. c. Minimum yard depths or setback lines,dimensioned. d. The location of all existing or proposed public facilities or areas. e. The location or description of all easements,rights of way,municipal boundaries,special district boundaries,N.Y. State Agricultural Districts, zoning districts, areas of 100-year flooding, and similar features. i. Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the tract. 27 of 50 ARTICLE VII ENVIRONMENTAL CONSERVATION FOR STANDARD SUBDIVISIONS Section 700. Purpose. I. The purpose of this article is to protect the Town of Danby, its residents, and its environment from hazards associated with land development and land use which result from activity not conforming with standards of sound and acceptable environmental and developmental practices. II. The Planning Board also recognizes that both recreational and non-recreational open space is important to the physical and human environment, and thus sets forth the guidelines, standards, and requirements herein. Section 701. Conservation Requirements in the Low Density Residential Zone. I. APPLICABILITY. Conservation Requirements set forth in this Section shall apply to all Standard Subdivisions in the Low Density Residential Zone, as such Zone is designated in the Town of Danby Zoning Ordinance and on the Town of Danby Zoning Map. II. REQUIREMENTS. A. No Build Areas: The following areas shall not be built on or disturbed during site construction, except as noted below under Permitted Uses: 1. Areas of 100-year flooding as defined by the Federal Emergency Management Agency(FEMA) Flood Insurance Rate Maps. 2. Wetlands,including those shown on the New York State Freshwater Wetlands Maps,and those shown in the National Wetlands Inventory. 3. Intermittent and Perennial Streams, including a 50-foot buffer from the stream centerline. 4. Slopes greater than 15%,except that areas of less than one acre(excluding driveways)on any one lot with such slopes may be excluded from the No Build Areas when approved by the Planning Board. B. Restricted Build Areas: The following areas should not be built on or disturbed during site construction to the greatest extent possible. Except as noted below under Permitted Uses,these areas may only be built on or disturbed during site construction when approved by the Town Planning Board and when found to be in accordance with the environmental conservation standards set forth in Section 702, Conservation Guidelines. The Planning Board should work with the applicant to ensure that the development suitability is considered in determining which,if any,of these areas may be built on or disturbed during site construction. In no case shall the Number of Lots Allowed,as provided in Article VI of the Zoning Ordinance,be limited by these features,notwithstanding other laws and regulations. 1. Class I and II agricultural soils. 28 of 50 2. Unique Natural Areas, as identified by the Tompkins County Environmental Management Council. 3. Wetlands margin. For the purpose of these regulations,the wetlands margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is greater. The limit of hydric soils shall be as mapped in the Soil Survey of Tompkins County,NY,July 1965, unless reclassified by a Certified Soil Scientist. 4. Woodlands, and the location of other significant vegetation. 5. Significant historical sites. III. PERMITTED USES IN NO BUILD AND RESTRICTED BUILD AREAS. Construction and associated site disturbance for the following uses are permitted in the No Build and Restricted Build Areas identified above unless other laws and regulations restrict or prohibit such uses (such as those pertaining to areas of 100-year flooding,Wetlands, Classified Streams, or zoning): A. Agricultural uses and equestrian facilities. B. Forest management. C. Pedestrian walks and bike paths. D. Non-residential farm structures and structures used for equestrian facilities such as barns, silos, livestock enclosures, storage buildings and similar structures. E. Accessory structures and other work exempt from building permits,such as storage sheds with less than 160 square feet of gross floor area. F. Wells or water service lines. G. Utility lines providing service to the property. H. Driveways, farm lanes, and access roads. I. Drainage swales and stormwater management facilities. Section 702. Conservation Guidelines. I. APPLICABILITY. Notwithstanding the Conservation Requirements in the Low Density Residential Zone identified in Section 701,the following guidelines apply to all Standard Subdivisions. II. UNBUILDABLE AREAS AND OTHER CIRCUMSTANCES. As a safety measure for the protection of the health and welfare of the people of the Town,that portion of a proposed subdivision which is found to be unsuitable for development due to circumstances which may be harmful to the environment or potential residents, such as severe drainage problems or steep slopes, shall not be subdivided until adequate methods to alleviate the effects of such harmful circumstances are formulated by the Subdivider and approved by the Planning Board. 29 of 50 III. PRESERVATION OF NATURAL FEATURES. A. The Planning Board shall encourage the preservation of all natural features that add value to developments and to the community, such as significant vegetation, large trees and groves, water courses, historic sites, important views,viable agricultural land, and similar irreplaceable assets. B. Development should be laid out to avoid such features, and to avoid steep slopes, erosive soils, wetlands, or similar environmentally sensitive areas. IV. AGRICULTURAL LAND AND USES. A. Development shall,as much as is practicable,be located on the least fertile soils for agriculture,in a manner that maximizes retention of viable agricultural uses and land. B. On parcels with viable agricultural lands, development should be located within woodlands contained on the parcel,or on the edges of the open fields adjacent to woodlands,in order to reduce development impacts on such agricultural lands, as well as to provide summer shade and shelter from winter wind, and to enable the impact of new construction to be buffered or absorbed by natural landscape features. V. STEEP SLOPES. A. Where a proposed subdivision contains both viable agricultural land and slopes of greater than 8 percent grade,preference shall be given to locating development on such slopes.. B. Notwithstanding the foregoing, in the Low Density Residential Zone, development on slopes of greater than 15 percent grade is prohibited, except that areas of less than one acre (excluding driveways)on any one lot with such slopes may be peiHlitted to be developed upon approval by the Planning Board. VI. IMPORTANT NATURAL AREAS. A. The Planning Board may limit the development of areas that may be designated by the Town as Important Natural Areas,when,in its judgment,the proposed development would adversely impact the environmental quality of such areas. B. Such Important Natural Areas, if so designated by the Town Board, may include Critical Environmental Areas established pursuant to SEQRA, Unique Natural Areas designated by Tompkins County, and other similar areas. VII. VISUAL ENVIRONMENT. A. The location of development shall be in areas least likely to block scenic views important to the community, as seen from public roadways and other public areas. B. The pattern of development shall minimize adverse impacts on the character of important open areas and of existing development in the neighborhood. 30 of 50 Section 703. Erosion Control. I. APPLICABILITY. Notwithstanding the Conservation Requirements in the Low Density Residential Zone identified in Section 701,the following guidelines apply to all Standard Subdivisions. H. STANDARDS. A. Land grading, earth moving and vegetation removal shall be limited to that necessary for actual construction. B. All land which is stripped,cut,filled,or otherwise deprived of protective vegetative cover shall be revegetated as soon as is practicable,with such revegetation subject to the inspection and approval of the Code Enforcement Officer. C. No removal of soil or vegetation from slopes exceeding fifteen(15)percent grade shall be permitted except where necessary for construction,in which event,a stabilization and revegetation plan shall be submitted to the Code Enforcement Officer for approval prior to the work being commenced. D. Where land is disturbed in site development,no slope shall be left with a grade steeper than one(1) foot vertical rise to three(3)feet horizontal distance unless the grade was steeper before disturbance. In such latter event,the final grade shall be approved by the Planning Board after consultations with appropriate professionals,such as engineers,and shall be approved only after the Planning Board has determined that such steeper grade is not a risk to the environment,the proposed residents,and the neighboring properties,and only after professionally engineered plans are approved by the Planning Board which plans shall show such information required by the Board or its professional consultant including the final grade and the steps,including vegetation,etc.to be taken to stabilize the slopes and to prevent erosion and drainage problems. Any construction or alteration shall thereafter be in accordance with such approved plans. E. Terraces or diversions shall be used to break up long slopes where the possibility of erosion exists. F. Sedimentation basins and traps shall be employed as required by the Code Enforcement Officer. G. Where topsoil is disturbed by development, a minimum of four (4) inches of topsoil shall be maintained to insure proper growth of vegetation, except upon approval of a lesser amount by the Code Enforcement Officer. H. There must be regular and continued maintenance of erosion and sedimentation control measures and adequate vegetative cover. Section 704. Drainage. I. APPLICABILITY. The following guidelines apply to all Standard Subdivisions. 31 of 50 IMMOZOINIMENEJ • • • • R. STANDARDS. A. All land development shall be related to the surrounding drainage pattern,with provisions made for proper drainage facilities. Whenever possible, natural drainage patterns shall be employed in preference to rechanneling streams or watercourses. B. All drainage improvements must be acceptable to the Code Enforcement Officer or other authorized agent. In no case shall work be performed which directly or indirectly affects natural drainage patterns prior to the granting of any necessary approvals by the Town, County, or State agencies having jurisdiction. C. If stormwater is to be diverted from its natural course, a construction plan shall be submitted to the Code Enforcement Officer containing, at a minimum,the following information: 1. A sketch showing in plan and in profile the existing waterway and the proposed channel change; 2. Provisions to prevent soil erosion and silting. D. The release of stormwater runoff from development shall not exceed pre-development conditions. Stormwater runoff shall be controlled so that during and after development,the site will generate no greater peak than prior to development for a 2-year, 10-year,and 100-year 24-hour storm considered individually. This requirement may be waived by the Planning Board,but approval by the Town Board shall also be required if off-site stormwater control is necessary. E. Existing and potential runoff shall be determined by the Rational Method or an equivalent engineering drainage formula with conventional runoff factors,using as a minimum a rainfall rate of 0.5 inches per hour. F. In developments with an average grade of seven percent or more,detention or retention ponds,check dams, or other features may be required to reduce storm runoff velocity. G. Provisions shall be made for adequate storm drainage and drainage structures to prevent water from standing on any portion of a street. A minimum grade of two(2)percent shall be employed on all newly regraded land to expedite drainage, except as otherwise approved in a drainage plan. Section 705. Trees and other Significant Vegetation. I. APPLICABILITY. Notwithstanding the Conservation Requirements in the Low Density Residential Zone identified in Section 701, the following guidelines apply to all Standard Subdivisions. II. STANDARDS. A. Reasonable effort shall be made to preserve trees and other significant vegetation. B. Plants to be retained on the site shall be protected during site preparation and construction. C. On all new streets,the Planning Board may require that one hardwood shade tree be planted,within 6 feet outside of the street right-of-way,at intervals of not less than 100 feet along both sides of said street. 32 of 50 ARTICLE VIII GENERAL REGULATIONS FOR STANDARD SUBDIVISIONS Section 800. General Design Standards I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS A. The landscape shall be preserved in it natural state,insofar as practicable,by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover.Topography,tree cover, and natural drainage ways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme. B. Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. C. Development shall be related harmoniously to the terrain and the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings. D. All open space(landscaped and usable)shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties. E. The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. F. The Planning Board shall encourage the use of "soft" (non-structural) stormwater management techniques(such as swales)and other drainage techniques that reduce impervious surface and enable infiltration where appropriate. G. The location of development shall be in areas least likely to block or impair scenic views important to the community, as seen from public roadways, other public areas, or nearby private properties. Section 801. Layout,Blocks,and Lots. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. 33 of 50 • II. STANDARDS. A. All subdivision layouts shall conform to design standards which will encourage safe,efficient,and beneficial development, and which will be appropriate for the location of the subdivision. B. Minimum lot sizes and dimensions shall be as established in the Zoning Ordinance, except for the following: 1. Areas previously platted and recorded as small lots. 2. Clustered subdivisions where such requirements may be waived. C. Subdivision dimensions shall be determined with due regard to zoning requirements,the provision of building sites suitable to the special needs of the uses contemplated,convenient access,circulation control and safety, solar access, and the limitations and opportunities of the site. D. When a small portion of a large parcel is proposed for subdivision, consideration shall be given to the character of the entire parcel,including the ability of the land to support agricultural use or future development, important natural features, and the adequacy of access into remaining lands of the parcel and into adjoining properties. E. Blocks shall be planned generally to provide two rows of lots,but irregularly shaped blocks indented by cul-de-sac streets will be acceptable when properly designed with adequate access and tumarounds. F. Residential blocks shall not be more than 1,500 feet in length, except where the Planning Board determines otherwise necessary to secure efficient use of land or to achieve desired features or use of the street system. G. In any block over 700 feet long, the Planning Board may require the Subdivider to dedicate and construct a public walkway transversely across the block. Such walkway shall have a minimum right-of-way of 20 feet, of which at least 8 feet shall be paved or otherwise surfaced as subject to approval by the Town Board. H. Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the provisions of the Zoning Ordinance. I. Lots that are sufficiently large for possible future replatting shall be of such shape as to facilitate replatting. Side lot lines shall be substantially at right angles or radial to street lines. J. Building setback lines shown on a plat shall not be in front of any building setback line established by ordinance, except where such requirement is waived. K. Where any lot is proposed to be served by an individual sewage disposal system, minimum dimensions of such lot shall be determined by the Tompkins County Health Department. 34 of 50 Section 802. Public Facilities. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. No dedication by the Subdivider of an easement or fee title to a highway or other public facility shall be shown on a Final Plat unless the Town Board determines to accept such dedication. B. When a subdivision is traversed by a water course, drainage way, channel, stream, or creek, the Subdivider may be required to provide a storm water easement or drainage right-of-way of sufficient width and to make suitable provisions for maintenance,wherever the Planning Board or Town Board finds such easement desirable. • Section 803. Solar Access. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard • Subdivisions. II. STANDARDS. • A. The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of these regulations. Improvement of solar orientation and protection against adverse climate may be sufficient considerations, in the judgment of the Planning Board, to warrant plat modifications. Section 804. Streets. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. All lots, premises, and buildings in the Town that the local fire and emergency services may be called upon to protect and which are not accessible from public streets shall be provided with suitable access roads and fire lanes. The location of such provisions shall be subject to approval by the Town Board upon recommendation by the Planning Board. Section 805. Street Improvements. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. The standards and regulations provided in this section shall apply except as may be otherwise specified in Town of Danby Highway Specifications or other applicable regulations. 35 of 50 • B. All streets shall be constructed and all street signs installed according to Town of Danby Highway Specifications. The Subdivider shall improve all streets and other ways in such manner as is necessary for the general use of lot owners in the subdivision and to meet local traffic and drainage needs. The schedule for such improvement shall be subject to approval by the Town Board. C. The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for proper street circulation when adjoining property is not subdivided, except where topographic or other conditions make such continuation undesirable. D. The minimum right-of-way width shall be 60 feet,except that a 50-foot width may be permitted by the Town Board. Additional width may be required where deep cuts or fills will be encountered. E. A minimum center-line radius of one hundred eighty (180) feet is required unless otherwise approved by the Planning Board. F. Vertical alignment shall have the following: 1. A minimum grade of one(1)percent. 2. A maximum grade of eight(8)percent on major streets and ten(10)percent on minor streets. 3. A maximum grade of three(3)percent on a minor street within one hundred(100)feet of its intersection with a major street. G. All changes in grade exceeding one(1)percent shall be connected by a vertical curve and shall have a minimum length of one hundred (100) feet. H. Sight distance shall conform to American Association of State Highway and Transportation Officials (AASHTO) Standards. I. There shall be a minimum of 600 feet between center-line intersections at major streets, and a minimum of 300 feet between center-line intersections of minor streets. J. Intersections shall be at right angles as nearly as possible, and no intersections shall be at an angle less than 70 degrees. Detailed designs of intersections may be required. Curb or inside radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly. K. A cul-de-sac shall not exceed 1000 feet in length and shall be terminated in a turnaround or backaround of a design acceptable to the Town Highway Superintendent and the Town Board. Where that street is dedicated for the purpose of providing future access to adjacent property, its length as a cul-de-sac shall not exceed 1000 feet. L. Where a street contains or abuts a street designated by the Town as having fully controlled access or partially controlled access,the plat shall provide for such control for the purpose of reducing traffic hazards by eliminating conflict between local traffic entering and leaving driveways and through traffic. Where a plat includes lots that directly abut such a thoroughfare,rather than a developable frontage,the Planning Board may require the Subdivider,by sufficient instrument,to relinquish right of access to the thoroughfare from such lots. 36 of 50 • M. Street names shall be subject to approval by the Planning Board. Names shall provide for contin- uation of the names of existing streets where appropriate and shall not duplicate the names of streets elsewhere in the Town or in the emergency and fire service area. House numbers shall be assigned by the Town Code Enforcement Officer or other authorized agent. Section 806. Reserve Strips Prohibited. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. H. STANDARDS. A. Reserve strips of land, which are essentially intended to control access from the proposed subdivision to any neighboring property, or to any land within the subdivision itself, shall be prohibited. Section 807. Water Supply and Sanitary Sewerage. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. H. STANDARDS. A. Plans for all water supply and sanitary sewerage systems shall conform in all respects to applicable Town, County, and State standards. B. When connections are to be made immediately to a community or public water supply or sewer system, lines and other facilities shall be installed to serve each lot in the subdivision prior to the application for acceptance of the streets or rights-of-way. C. Where such connection is not to be made immediately,but is contemplated within five years,plans shall be prepared for future installation of systems to serve each lot,and those parts of such system which will be in the paved portion of streets and alleys shall be installed before the streets are paved. Section 808. Other Utilities. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. H. STANDARDS. A. Pipes,wires,and cables providing local utility and similar services(including but not limited to,gas, electricity,telephone,cable television,and street lighting)in residential subdivisions shall be placed underground. B. Street lights shall be located at all street intersections and other areas required by the Planning Board for safety reasons,with the proposed lighting fixture to be approved by the Highway Superintendent, and with installation to be in accordance with the utility company having jurisdiction. 37 of 50 C. All street and other outside lighting shall be designed to minimize glare within the subdivision and in adjoining areas. Section 809. Survey Monuments. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. One(1)monument shall be located at each corner and at each general change in direction or point of curve of the boundary of the subdivision and its lots as finally platted. Monuments shall also be located at the beginning and end of each curve along one(1) side of the street right-of-way. B. All monuments shall be shown on the final plat. There shall be no more than one thousand(1,000) feet of distance between any two(2)monuments. C. All monuments shall be constructed of one(1)inch diameter deformed reinforcing rods,or four(4) inch square stone or reinforced concrete,with a minimum length of thirty-six (36)inches. Section 810. Certification of Improvements. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. Prior to final acceptance of the construction of a new, or the improvement of an existing, slreet or other public facility,the Subdivider shall provide a certification by a licensed engineer that the street or other public facility has been constructed in accordance with the approved design of said street as designated on the final construction plans. B. As-built plans shall be submitted showing the vertical and horizontal location,sizing,and gradient, where applicable,of improvements including streets,stormwater management facilities,water mains, and sanitary sewers. In addition,such plans shall also show the location of all transmission utilities including gas, electric, telephone, and cable television,both surface and subsurface. Section 811. Phased Developments. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. 38of50 II. STANDARDS. A. In large,phased developments,a sequential installation of utilities and improvements shall be made in accordance with an agreement satisfactory to the Town Board. The phasing agreement shall also provide for the maintenance of existing roads and utilities. Section 812. Inspections. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. II. STANDARDS. A. All permanent improvements, such as streets and utilities, shall require inspections by the Code Enforcement Officer, Highway Superintendent, or other person retained by the Town for such purpose. B. The owner,developer,or an agent of such shall inform the Town inspector at least twenty-four(24) hours before such inspection is required and shall not conceal,cover,or in any way render invisible any portion of the improvement until such inspection has been made and the work has been approved. Section 813. Financial Guarantees for Improvements. I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard Subdivisions. H. STANDARDS. A. A letter of credit shall be furnished by the Subdivider or developer for all required public improvements and utilities, and for all earthwork, landscaping, and site restoration, which are integral parts of the Final Plat. B. No building permit shall be issued for a structure with an approved Final Plat until the Subdivider or developer has furnished an irrevocable letter of credit and has received approval for such letter of credit from the Town Board. C. No final certificate of occupancy or certificate of compliance shall be issued until all improvements included in the letter of credit are completed,or until a sufficient performance guarantee,such as a letter of credit, has been approved by the Town Board for improvements not completed. D. The Town Board may waive the requirements of this Section or may accept other evidence or promise of completion of required improvements if, in its discretion, it determines that there is no need for the letter of credit. 39 of 50 ARTICLE IX SUBMISSION REQUIREMENTS FOR STANDARD SUBDIVISIONS Section 900. Overview. I. This Article describes the applicability,purpose,elements and specifications of Sketch Plans,Preliminary Plats and Final Plats for all Standard Subdivisions. Section 901. Sketch Plan Requirements I. APPLICABILITY. Sketch Plan requirements set forth in this Section shall apply to all Standard Subdivisions,unless otherwise specified below. II. PURPOSE. The purpose of this step is to afford the Subdivider an opportunity to consult early and informally with the Town Code Enforcement Officer and Planning Board. Each Plan submission is required as a way of helping applicants and officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features. III. ELEMENTS. The Sketch Plan is made up of the following elements, which are described in detail below. Each map comprising the Sketch Plan shall be clearly marked with the words,"Sketch Plan"and the name of the specific map that it represents(i.e. "Site Map"). A. Site Map. 1. SPECIFIC PURPOSE: To show the location of the proposed subdivision within its neighborhood context. To help defray the cost to Subdividers, some data may be available, upon request, through the Town of Danby. 2. SPECIFIC ELEMENTS: a. Location and boundaries of the affected tax parcel showing roads,zoning districts,N.Y. State Agricultural Districts,adjacent properties,twenty-foot(20')contours,surface waters such as streams and ponds,and other appropriate orientation information on the parcel and within 1,000 feet of its boundaries. b. Wetlands including those shown on the New York State Freshwater Wetlands Maps,and those shown on the National Wetlands Inventory. c. Title of the sketch, including name and address of the Subdivider and the owner of the parcel to be subdivided,north point, scale, and date. d. Locations and dimensions of proposed lot lines,lot acreage,and Construction Envelopes, which are the general sites for buildings, sewage systems, and related land disturbance. 3. SCALE: a. For parcels under 100 acres in area,such maps shall be at a scale of not less than 1"=200'. b. For parcels of 100 acres or more, the scale shall be not less than 1"=400'. 40 of 50 • B. Resource Map Showing Proposed Subdivision outside the Low Density Residential Zone. 1. APPLICABILITY: Resource Map requirements set forth below shall apply to all Standard Subdivisions outside the Low Density Residential Zone 2. SPECIFIC PURPOSE: To provide the developer and the Town with an analysis of existing site conditions and the proposed subdivision. To help defray the cost to Subdividers, some data and/or maps may be available, upon request,through the Town of Danby. 3. SPECIFIC ELEMENTS: a. A vertical aerial photograph with the site boundaries clearly marked. b. Tax parcel boundaries. c. Intermittent and Perennial Streams. d. The location and name of Unique Natural Areas, as identified by the Tompkins County Environmental Management Council. e. Slopes of greater than 8%and 15%or less. f. Slopes of greater than 15%. g. Wetlands including those shown on the New York State Freshwater Wetlands Maps,and those shown on the National Wetlands Inventory. h. Location and type of woodlands, and the location of other significant vegetation. i. Location and type of Class I and II agricultural soils. j. 100-year flood plains,as defined by the Federal Emergency Management Agency(FEMA) Flood Insurance Rate Maps. k. Locations and dimensions of proposed lot lines,lot acreage,and Construction Envelopes, which are the general sites for buildings, sewage systems, and related land disturbance. 1. Minimum yard depths and setback lines on each lot. m. Locations of proposed driveways. n. Locations of any proposed new roads or other proposed public facilities or areas. o. Title of the sketch, including name and address of the Subdivider and the owner of the parcel to be subdivided,north point, scale, and date. 4. SCALE: a. For sites under 100 acres in area, such maps shall be at a scale not less than 1"=200'. b. For sites of 100 acres or more,the scale shall be not less than 1"=400'. C. Resource Map Showing Proposed Subdivision in the Low Density Residential Zone. 1. APPLICABILITY: Resource Map requirements set forth below shall apply to all Standard Subdivisions in the Low Density Residential Zone 2. SPECIFIC PURPOSE: To demonstrate to the Planning Board that in the proposed design of the subdivision, the location of No Build Areas and Restricted Build Areas has been duly considered,and to locate proposed Construction Envelopes,Streets,Driveways and Trails,and Lots. 3. SPECIFIC ELEMENTS. The following features shall be located and identified: a. No Build Areas and Restricted Build Areas. 41 of 50 • • i. No Build Areas: The following areas shall not be built on or disturbed during site construction, as set forth in Section 701, Conservation Requirements in the Low Density Zone: • Areas of 100-year flooding as defined by the Federal Emergency Management Agency(FEMA)Flood Insurance Rate Maps. • Wetlands,including those shown on the New York State Freshwater Wetlands Maps, and those shown on the National Wetlands Inventory. • Intermittent and Perennial Streams,including a 50-foot buffer from the stream centerline. • Slopes of greater than 15%, except that slopes greater than 15% comprising areas of less than one acre (excluding driveways) on any one lot may be excluded from the No Build Areas when approved by the Planning Board. ii. Restricted Build Areas: The following areas should not be built on or disturbed during site construction to the greatest extent possible, as set forth in Section 701, Conservation Requirements in the Low Density Residential Zone. Except as noted in Section 701,these areas may only be built on or disturbed during site construction when approved by the Town Planning Board and when found to be in accordance with the environmental conservation standards set forth in Section 702,Conservation Guidelines. The Planning Board should work with the applicant to ensure that the development suitability is considered in determining which,if any,of these areas may be built on or disturbed during site construction. In no case shall the Number of Lots Allowed, as provided in Article VI of the Zoning Ordinance, be limited by these features,notwithstanding other laws and regulations. • Class I and II agricultural soils • Unique Natural Areas, as identified by the Tompkins County Environmental Management Council. • Wetlands margin. For the purpose of these regulations, the wetlands margin shall extend 100 feet from the wetland boundary or to the limit of the hydric soils, whichever is greater. The limit of hydric soils shall be as mapped in the Soil Survey of Tompkins County, NY, July 1965, unless reclassified by a Certified Soil Scientist. • Woodlands, and the location of other significant vegetation. • Significant historical sites. b. Construction Envelopes. i. Construction Envelopes,being the general sites for buildings, sewage systems, and related land disturbance,shall be located outside of the areas that will not be built on or disturbed during site construction. c. Streets,Driveways, and Trails. i. Streets,driveways,and/or pedestrian trails,shall be in accordance with standards in Article VIII,General Regulations for Standard Subdivisions,showing rights-of-way and suggested street names. ii. Generally,the design of such access shall be encouraged to minimize impacts on the environment and open space. iii. A system of trails providing pedestrian/bike access should be designed to link to neighboring trails and to provide access to open space. 42 of 50 • d. Lots i. Location and dimension of lot lines. The lots shall also show approximate acreage, minimum yard depths and setback lines, and shall be numbered. 4. SCALE: a. For sites under 100 acres in area, such maps shall be at a scale not less than 1"=200'. b. For sites of 100 acres or more,the scale shall be not less than 1"=400'. Section 902. Preliminary Plat Requirements. I. APPLICABILITY. Preliminary Plat requirements set forth in this Section shall apply to all Standard Subdivisions, unless otherwise specified below. II. PURPOSE. The Preliminary Plat sets the direction for development of the parcel and is intended to provide enough information on which to undertake environmental review. III. ELEMENTS.The Preliminary Plat is made up of the following elements,which are described in detail below. Each map comprising the Preliminary Plat shall be clearly marked with the words,"Preliminary Plat"and the name of the specific map that it represents(i.e. "Resource Map"). A. Resource Map Showing Proposed Subdivision outside the Low Density Residential Zone. 1. APPLICABILITY: Resource Map requirements set forth below shall apply to all Standard Subdivisions outside the Low Density Residential Zone. 2. SPECIFIC PURPOSE: To designate the preliminary location of lot lines, Construction Envelopes,proposed streets,driveways and trails in the context of site resources to reflect any revisions to the proposed subdivision based on Sketch Plan Review,and to ensure compliance with these regulations and with the Town of Danby Zoning Ordinance. 3. SPECIFIC ELEMENTS: The specific elements for this Plan are the same as those required for the Resource Map prepared for Sketch Plan review, but shall include any recommended modifications to that map based on Sketch Plan Review by the Planning Board. B. Resource Map Showing Proposed Subdivision in the Low Density Residential Zone. 1. APPLICABILITY: Resource Map requirements set forth below shall apply to all Standard Subdivisions in the Low Density Residential Zone 2. SPECIFIC PURPOSE: To demonstrate to the Planning Board that in the proposed design of the subdivision, the location of No Build Areas and Restricted Build Areas has been duly considered,and to locate proposed Construction Envelopes,Streets,Driveways and Trails,and Lots. 3. SPECIFIC ELEMENTS:The specific elements for this Plan are the same as those required for the Resource Map prepared for Sketch Plan Review, but shall include any recommended modifications to that map based on Sketch Plan Review by the Planning Board C. Preliminary Licensed Survey for Standard Subdivisions. 1. The following shall be shown on the Preliminary Licensed.Survey for Standard Subdivisions: 43 of 50 • a. The boundary lines of the tract and proposed lots,by a licensed land surveyor. Acreage shall be shown for each lot. The survey should also show: i. Title of the subdivision, including the name and address of the Subdivider and the owner of the parcel to be subdivided. ii. North point, scale, date and location map. iii. Building setback lines or required yard depths, dimensioned. iv. The location of all existing or proposed public facilities or areas. v. The location or description of all easements, rights of way, municipal boundaries, special district boundaries,N.Y. State Agricultural Districts,zoning districts,areas of 100-year flooding, and similar features. vi. Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the tract. D. Preliminary Improvements Construction Plan. 1. APPLICABILITY: Preliminary Improvements Construction Plan requirements set forth below shall apply to all Standard Subdivisions, unless waived. 2. PURPOSE:To identify and describe related site improvements and proposed public facilities or areas as an overlay to the preceding Preliminary Plat maps. 3. ELEMENTS: a. Description and tentative location of proposed streets, sidewalks, or other public ways. b. Preliminary grading plan. c. Description and tentative location of existing and proposed wells or water lines, and a description of the source of water. d. Description and tentative location of existing and proposed sewage systems. Conceptual layout of proposed sewer lines, if applicable, where community sewage service is to be permitted. e. Approximate location of existing and proposed drainage features and improvements,such as culverts, swales, drainage easements, and stormwater management facilities. f. Approximate location and dimensions of proposed public open space,playgrounds,public buildings, and other public areas. g. Description of generalized landscaping plan including any street trees required pursuant to Article VII, and other plantings on dedicated and non-dedicated open space. h. If land to be subdivided lies partly in or abuts another municipality, the applicant shall submit information related to any plans for subdivisions, including proposed public improvements, on land subject to the applicant's control within the adjoining municipalities.Information related to the status of review or approval of such plans by the adjoining municipality also shall be submitted. E. Environmental Assessment Forms. 1. The Preliminary Plat application must include fully completed Environmental Assessment Form (form is available from the Town Clerk), with comments from the Code Enforcement Officer or other authorized agent indicating whether the proposed subdivision is a Type I,Type II, or Unlisted action, and indicating a recommendation by the Code Enforcement Officer or other authorized agent for a negative or positive determination of environmental significance. 44 of 50 • F. Preliminary Studies and Reports. 1. APPLICABILITY: Preliminary Studies and Reports requirements set forth below shall apply to all Standard Subdivisions resulting in five(5)or more new lots. 2. PURPOSE: The Planning Board, in the course of review of the subdivision,may require,for subdivisions resulting in five(5)or more new lots that the Preliminary Plat include one or more of the following elements to assist the Board in determining potential impacts on the environment, community services, or infrastructure. 3. ELEMENTS: a. Municipal or community sewer and water feasibility study. b. Groundwater protection and recharge study. c. Flood impact study. d. Traffic impact study, including impact on road maintenance costs. e. Fire protection impact study. Section 903. Final Plat Requirements. I. APPLICABILITY. Final Plat requirements set forth in this Section shall apply to all Standard Subdivisions. II. PURPOSE. The Final Plat shall supply the detailed documentation on which property and construction decisions are based. It shall conform to the Preliminary Plat requirements set forth herein,including any conditions specified by the Town,and shall,upon final approval,be filed in the Tompkins County Clerk's Office and in the office of the Town of Danby Clerk. The "Resource Map" showing the proposed subdivision prepared as part of the Preliminary Plat pursuant to Section 902, with any modifications required by the Planning Board as part of Preliminary and Final Plat approval,shall be referenced on the Final Plat, and shall be filed, along with the Final Plat in the office of the Town of Danby Clerk. III. ELEMENTS. The Final Plat shall consist of the following elements, which are described in detail below. Each map comprising the Final Plat shall be clearly marked with the words,"Final Plat"and the name of the specific map that it represents(i.e. "Final Improvements Construction Plan").: A. Licensed Survey for Standard Subdivisions. 1. The following shall be shown on the Licensed Survey for Standard Subdivisions: a. The boundary lines of the tract and proposed lots, giving complete descriptive data by bearings and distances,made, certified, and marked with monuments by a licensed land surveyor. Acreage shall be shown for each lot. The survey should also show: i. Title of the subdivision, including the name and address of the Subdivider and the owner of the parcel to be subdivided. ii. North point, scale, date and location map. iii. Minimum yard depths or setback lines. iv. The location of all existing or proposed public facilities or areas. v. The location or description of all easements,rights of way,municipal boundaries, special district boundaries,N.Y.State Agricultural Districts,zoning districts,areas of 100-year flooding, and similar features. vi. Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the tract. 45 of 50 • B. Final Improvements Construction Plan. 1. PURPOSE: Where public or private improvements such as streets, sidewalks,or other public ways, public water supply or sewage systems, stormwater management areas, or similar improvements are proposed or required, a Final Improvements Construction Plan and related specifications shall be filed.They shall be prepared by a licensed professional engineer,setting forth the precise nature and exact location of the work and all engineering data necessary for the completion of the work.The Final Improvements Construction plan and related specifications shall be subject to the approval of the Town Planning Board as a condition for approval of the Final Plat. If the proposed improvements are proposed for public dedication, then they shall also be subject to approval by the Town Board. 2. ELEMENTS: The Final Improvements Construction Plan shall include the following elements, unless waived: a. Improvement plans and specifications for streets, sidewalks, or other public ways, including the following: i. Any improvements proposed to existing streets or other public ways. ii. If any new streets, sidewalks, or other public ways are proposed,plans and profiles showing width,location, grades,horizontal and vertical alignments,cross-sections, and proposed street names.Plans and profiles shall be drawn to a scale of one inch to 50 feet horizontal,and one inch to 5 feet vertical,on standard plan and profile sheets. Profiles shall show the profile and gradients of the street or other public way along the centerline. iii. Street centerlines,showing angles of deflection,angles of intersection,radii,lengths of tangents and arcs,and degree of curvature,with basis of curve data. Lengths and distances shall be to the nearest one hundredth foot. Angles shall be to the nearest half-minute. iv. Paving plans and specifications. v. Street traffic control signs. b. Detailed construction plans and specifications for water supply and sewage systems if required by the Tompkins County Health Dep .'tnient,and approved by that agency when required. c. Location of all existing buildings d. Grading plan. e. Erosion and sedimentation control plan. f. Stormwater management plan,including design and location of facilities on private land, and any facilities proposed for public dedication, along with related maintenance agreements. g. Detailed designs of all other improvements as required by these regulations. h. Site Improvement Estimates. The estimated cost of proposed public improvements, including: i. Grading and filling. ii. Culverts, swales, and other drainage or stormwater management facilities. iii. Streets, sidewalks,or other public ways. iv. Public water supply or sewage disposal systems. v. Any other improvements required by these regulations. 46 of 50 C. Additional Approvals,Certificates and Documents. 1. DEDICATION OF PROPERTY OR STRUCTURES. Documents related to any proposed public dedication of property or structures. 2. RESTRICTIONS.Copies of deed restrictions,easements,covenants,and declarations,which are to be imposed upon the property to comply with the conditions established by the Town. 3. OTHER INFORMATION a. Certification by the Chairperson or other authorized agent of the Planning Board to the effect that the proposed subdivision has complied with all environmental review requirements and was granted any necessary prior approvals by the Planning Board,Town Board, and other agencies. b. Owner's certificate:a certificate signed by the owner to the effect that s/he owns the land, has caused the land to be surveyed and divided, and makes the dedications indicated on the plat. c. Mortgagor's certificate:certificate signed and sealed by the mortgagor,if any,consenting to the plat and the dedications and restrictions shown on or referred to on the plat. Section 904. Waiver of Requirements. The Planning Board may waive requirements relating to the Subdivider and/or any of the requirements relating to subdivision plats or plans contained in this Article, if the Planning Board determines that such requirement is not necessary or appropriate for review of the subdivision and provided that such waiver is not in violation of Town Law. 47 of 50 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 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 - A designated area bordering the lot lines of a property within which there shall be no permanent structures. A parking space shall be considered a permanent structure for the purposes of these regulations. CONSTRUCTION ENVELOPE—That area,when a Construction Envelope is required by these regulations, within which shall be located any structures that require building permits or septic systems, and any site disturbance,such as land clearing,soil disturbance,or regrading,related to the construction of such structures or systems. No building or disturbance during site construction shall occur outside of the Construction Envelope, except for construction and associated site disturbance for the following uses: 1. Agricultural uses and equestrian facilities. 2. Forest management. 3. Pedestrian walks and bike paths. 4. Non-residential farm structures and structures used for equestrian facilities such as barns, silos, livestock enclosures, storage buildings and similar structures. 5. Accessory structures and other work exempt from building permits, such as storage sheds with less than 160 square feet of gross floor area. 6. Wells or water service lines. 7. Utility lines providing service to the property. 8. Driveways, farm lanes, and access roads. 9. Drainage swales and stormwater management facilities. CUL-DE-SAC - A street having one end open to traffic and the other end terminated by a vehicular turnaround. EQUESTRIAN FACILITY - A facility providing one or more of the following services with or without compensation: 1. Horse-riding lessons. 2. Horse training. 3. Leasing of horses. 4. Boarding of horses. 5. Sale of horses other than the occasional sale of a horse owned and used solely for personal purposes by the owner of a noncommercial facility. 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. 48 of 50 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. 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. SEWAGE SYSTEM—All connected pipes, tanks, and other equipment and appurtenances necessary or useful in whole or in part in connection with the collection, holding, treatment and/or disposal of sewage and/or liquid waste. SKETCH PLAN-A sketch of the proposed Standard Subdivision showing the proposed general layout of streets,lots,or other features that may be submitted to the appropriate Board or Code Enforcement Officer by the Subdivider for informal discussion and review,and on which the Preliminary and Final Plats will be based. In the case of a Land Division by Permit, the Land Division Sketch Plan is a sketch of the proposed land division showing the proposed general layout of streets, lots, or other features that may be submitted to the Code Enforcement Officer by the project sponsor for informal discussion and review,and on which the Final 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. 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. LAND DIVISION-The division of any parcel of land into two or more lots,plots,parcels, sites or other divisions of land for immediate or future use, sale, or transfer, including the creation of; and all changes in, highway and lot lines, whether or not new building or development is to occur. This term includes the following classifications: Land Annexation,Land Division by Permit and Standard Subdivision. Each of these land division classifications is defined in greater detail in Article II of these regulations. LAND DIVISION FINAL PLAT—The Survey performed by a licensed surveyor, submitted as part of the approval process for a Land Division by Permit (see Section 602(III)(A)) of these regulations), which is certified by the Code Enforcement Officer upon approval and subsequently filed in the Planning Board Clerk's Office with proof of filing in the County Clerk's Office. STANDARD SUBDIVISION—Any division of land that cannot be classified as a Land Annexation or Land Division By Permit. Also referred to herein as simply a"Subdivision." 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 that creates lots meeting all minimum lot size,yard, and dimensional requirements of the Zoning Ordinance. B. CLUSTERED SUBDIVISION - A subdivision of lots which, pursuant to Town 49 of 50 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 a Conventional Subdivision. SUBDIVISION MAP—The Survey performed by a licensed surveyor,submitted as part of the Final Plat (see Section 903(111)(A) of these regulations), which is certified by the Planning Board upon approval of the Final Plat and subsequently filed in the Planning Board Clerk's Office with proof of filing in the County Clerk's Office. [The Preliminary Subdivision Map is the Survey performed by a licensed surveyor, submitted as part of the Preliminary Plat (as set forth in Section 902(III)(C) of these regulations), which is certified by the Planning Board upon approval of the Preliminary Plat and subsequently filed in the Planning Board Clerk's Office.] SUBDIVISION REVIEW—The review process set forth in Sections 207 through 211 of these regulations, the basis and legislative authority for which are found in Town Law Sections 276 through 279. Land Annexations and Land Divisions by Permit are exempt from Subdivision Review and all Standard Subdivisions must undergo Subdivision Review. USE, AGRICULTURAL - Management of land for agriculture, raising of cows, horses, pigs, poultry,and other livestock,horticulture,aquaculture, silviculture,or orchards,including the sale of products grown or raised directly on such land, and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems, and farm ponds." Section 4: Partial Invalidity. If any provision of this local law is found to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 5: Effective Date. This local law shall be in full force and effect immediately upon adoption,publication of a summary in the Town and filing with the New York Department of State, as provided by law. H:\7935\005\Local Law re Sub Regs.doc 50 of 50 (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.) Lit I hereby certify that the local law annexed he eto, designated as local law No. of 20 0 7 of the (Coup/)(City own Village)of I,IV 8 was duly passed by the 'Thwn (004)4 Afola on i9i si /3,20.17 , in accordance with the applicable (Name of Legislative Body) 9 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 • M • 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 a pted in the manner indicated in paragraph above. 044442 Clerk the county legislative b ,ity,Town or Village Clerk or officer designated by local legislative body (Seal) Date: fiO QSt Q,.206 7 _ (Certi_fication to=be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authck`edha*.to:riey-©f locality.) STATE OPNEVC/YOR COUNTY OF Th, /'1hs I,the undersigned,hereby certify that the foregoing local law contains the correct text an,that all proper proceedings hav een had or taken for the enactment of the local law annexed hereto. 40f". Signature Title �o r-c\o\cam t ounty Cityof P Village Date: (A1) Sk a1 0`-'� DOS-239 (Rev.05/05) Page 3 of 3 AFFIDAVIT OF PUBLICATION The Ithaca JOURNAL State of New York,Tompkins County,ss.: _ 5-,;i-1 ,A A Coscd being duly sworn, deposes and Legals• says that she/he resides in Ithaca,county and state aforesaid and that TOWN OF DANBY she/he is Clerk of The Ithaca ADOPTION OF LOCAL � ENTITLED:W NO. A OF 2007 Journal a public newspaper printed and published in Ithaca aforesaid Amending the Subdivision Regulations of the Town of and that a notice of which the annexed is a true copy was published ,Denby, New York by Re- 'classifying Certain Land Di- visions and Subdivisions, in said paper ••Modifying Procedures Relat O 1 a I O ed to Such Land.Divisions,, and Subdivisions and'new-' porating Standards and; • Guidelines Set Forth in the; State Environmental Conner-: vation Review Act." PLEASE LAKE NOTICE that the Town Board of the and that the first publication of said notice was on the Town ri Da at 1830 D piny' p �( lic hearing at 1830 Danby day ' Road, Ithaca, New York„ da of 2u V 54 a(�0 on Monday, August 13, I.2007 at 6:30 p.m.to hear. (1 I all e comments d interested' apro- ./->'V persons related to a pro: posed amendment to the Subdivision Regulations of Su scribed and sworn to before me this Cla1' •Of the Town of Denby, Newl York and adopted Local. / Qt � � Law Nrt 4 which divisions �' flies certain land divisions and subdivisions and modi- fies procedures related to such land divisions and sub-i I divisions and also incorpoI rates standards and guide- lines set forth,in the State' Public Review Conservation' • Notary w A JEAN FORD ermsofthe amen edment the text of the current Subdi-■ Notary Public, State of New York vision Re13ulations of the town of Danby, New York. No.4654410 l have been deleted in its en- tirety and replaced with' Qualified in Tompkins County r ;amended;ezt:"Tiie-omend-1, ed subdivision regulation's, Commission Expires May 31,20 (provide for eidensive changes to the current sub-, division regulations and are applicable on a Town-wide basis. The full text of Local D Law No. 4 of 2007 is on' 'file file in the Office'of the, RECEIV 'Town Cleik of the Town of !Denby .Iccated at 1830' 2 4 200'1 - Danby Road. AUGCarol W.SczepansCler ki k �1 jDated: Town August 17,2007 TOWN OF DANBY 'Publish: August 21,2007 }t t a TOMPKINS a Q y (COUNTY , T• N OF DANBY - TOMPKINS COUNTY TOWN CLERK'S OFFICE 1830 Danby Road Ithaca, New York 14850 August 23, 2007 Kimberly Rothman MillerMayer LLP 202 East State Street Seventh Floor Ithaca, New York 14850 Dear Kim: Enclosed is- the information for the filing of the Town of Danby Local Law No. 4 of 2007. I have enclosed the following: Passing Resolution for adoption Copies of legal notices for public hearing and adoption Three(3) copies of Local Law - one for NYS, one for you, and one to be returned for our files. If you need any other information please let me know so that we send the information to the State for filing. Sincerely, 5r44Alist 'IIV Carol W. Sczepanski Town Clerk Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbvtovvnclk@aol.com AFFIDAVIT OF PUBLICATION • The Ithaca JOURNAL TOWN OF DANBY LEGAL ' i PUBLICATION- i PROPOSED SUBDIVISION ' i REGIULATIONS • PLEASE TAKE NOTICE that, St. e of N w York Tom the Town Board of the' ��� pkins County, SS.: Town of Danby will hold al Y ublic hearing at 1830 �J I Danby Road, Ithaca, New being duly sworn, deposes and York, on Monday, Au-; gust 13,2007,at 6:30 says that she/he resides in Ithaca, county and state aforesaid and that p.m.,to hear all comments! of interested persons relat-; She/he is ,ed to a proposed amend; Clerk of The Ithaca meet •to the Subdivision; Regulations of the Town of; Journal a public newspaper ment Danby,New York. The title, P p per printed and published in Ithaca aforesaid he proposed amend-;is as follows:"A Local and that a notice of which the annexed is a true copy was published Law Amending the e Yorki sion Regulations of the; Town of Danby,New Yorkl in said paper 'by Reclassifying Certain] Land Divisiora and Subdivi I / t� sions, Modifying Prone /ie �G / dures Related to Such Land; Divisions and Subdivisions' • and Incorporating Stand! ards and Guidelines Set • Forth in the State Environ- mental Conservation Re-; view Act." Under the terms and that the first publicAI4J , ' lion of said notice was on the /...51- Su the proposed ameent " , bd the text of the current) Subdivision Regulations of day of the Town of Danby, New York would be deleted in its L / entireyy and replaced with' amen ded text. The pro- i�L....� C�rylir�2 'posed amended subdivision' ascribed and sworn to before me this ,te sive changes ges to for cur- • ; rentisu division re the regulations day Of rent subdivision regulations 'Tow are apasis and to n ' W—Lawa' •1J / aown-wide basis Ted con i Lain revisions to the draft Lo- • cal Law that was subject to public hearing held on Mayj 4, 2007, includin changes to the rules for -A&--)2.--81—‘0,-- f-R.-&—l----(9,,_ 'land divisions by permit. , The full'text-of this pro-;NO[111'1' Public 'posed amendment to Subdi- vision Regulations of the Town of Danby,New York is on file in the Office of the JEAN FORD 'Clerk of the Town of-Danby, located at 1830 Danby Notary Public, State of New York Road and is available for 'review by all members ofl No 4654410 - the public,Monday through; Friday between the hours of] Oualitiect in Tompkins County 9:0o a.m.and 3:00 p.m. All persons will be heard; Commission Expires May 31,20 either in person or inj writing. - , By Order of the Town Board Carol W.Sczepanski, Town Clerk Dated: July 1,20007 4 �c�/t✓ 1 0 6y 1 MILLER MAYER, LLP 202 East State Street, Suite 700 Ithaca,NY 14850 607-273-4200 Fax: 607-272-6694 E-Mail: knr"millermayer.com WWW: http://www.millermayer.com/ MEMORANDUM To: Susan C. Beeners Carol W. Sczepanski From: Kimberly N. Rothman Date: July 18, 2007 Subject: Procedural Requirements for Passage of Subdivision Regulations in the Town of Danby This memo is intended to outline the procedural steps that the Town of Danby must undertake in relation to the passage of the revised Subdivision Regulations of the Town of Danby. TO BE COMPLETED: ❑ (CAROL)Publish Notice of Public Hearing in Ithaca Journal (at least 10 days prior to public hearing, notice must be sent to Ithaca Journal by August 1, 2007 for publication on or before August 3, 2007) ❑ (CAROL) Send Notice to the Following Parties (at least 10 days prior to the date of the public hearing, or prior to Friday, August 3`d) • Lxccutivc Dircctor of any housing authority within 500 fcct of Town boundary (there are none) • Clerk of all neighboring towns, villages, cities • Clerk of Board of Supervisors of all neighboring counties • Regional State Park Commission of any state park within 500 feet of Town Boundary ❑ (SUE)Update Resolution for Town Board Meeting • 3`d WHEREAS—revised second clause: "and that Department of Planning responded on July_, 2007 that it had determined that the revised proposal as submitted has no negative inter-community or county-wide impacts." [Cty Planning will issue a new letter as per KNR 7/17/07 request] • 4th WHEREAS—referred to the Planning Board on June_, 2007 (update this date) • 5th WHEREAS—update date of public hearing to August 13, 2007 • ADD new WHEREAS—refer to action of Town Board at June 11th meeting and July 16th meeting,resubmission to the Planning Board on June_, 2007 and July , 2007 and revisions in accordance with Planning Board recommendations and Town Board resolution/motion. • ADD new WHEREAS—Town Board at meeting held on July 16, 2007 resolved to hold a public hearing on August 13, 2007 to hear all interested parties in the matter. • Revise the first FURTHER RESOLVED—to read as follows: "FURTHER RESOLVED that the Town Board of the Town of Danby file a report with the 1 Tompkins County Department of Planning within thirty(30)days hereof, reporting on the final action taken by the Town Board with respect to Local Law of 2007" ❑ (SUE/CAROL)Update Local Law for Review and Passage by Town Board—the only change necessary to the July 5, 2007 version is to revise the date. ❑ Majority plus one vote of Town Board NOT necessary to pass Subdivision Regulations ❑ (CAROL)Enter Amendment to Subdivision Regulations in official minutes of Town]Board Meeting(Referencing in minutes and stapling a copy of full text to official meeting minutes is sufficient)—Town Law§ 264 ❑ (SUE) Send Report on Final Action taken by Town Board to County Planning Board ❑ (CAROL and KIM) Send Local Law to New York State Department of State,Bureau of State Records for filing. ❑ (CAROL)Publish a Summary/Abstract of Amendment in Newspaper(publish once, affidavits of publication must be filed with town clerk)—Town Law § 264 ❑ Amendment to take effect 10 days after publication of summary/abstract—Town Law § 264 ALREADY COMPLETED: ❑ Refer Proposed Amendment to County Planning Board ("CPB") • Proposed Amendment sent to CPB Spring, 2006 and CPB response was delivered to Town on May 11, 2006, modifications were recommended • Revised Proposed Amendments sent to CPB April 11, 2007 and CPB response delivered to Town on May 14, 2007, modifications were recommended • Further Amendments sent to CPB via fax on June 20, 2007 and June 26, 2007, and CPB response delivered to Town on June 29, 2007,no negative inter- community impacts. • Further Amendments sent to CPB via fax on July 17, 2007, awaiting CPB response(CPB will issue a new letter re: community impact) ❑ (SUE) SEQRA Review (long form completed) C:\Documents and Settings\Carol\My Documents\SummaryforPublication-SubRegs7-18-07\REV ISEDMemoreAdoptionProceduresforSubdivisionRegs.wpd 2 • TOWN OF DANBY RESOLUTION NO. 64 OF 2007 ENACTMENT OF A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE TOWN OF DANBY, NEW YORK BY RECLASSIFYING CERTAIN LAND DIVISIONS AND SUBDIVISIONS MODIFYING PROCEDURES RELATED TO SUCH LAND DIVISIONS AND SUBDIVISIONS AND INCORPORATING STANDARDS AND GUIDELINES SET FORTH IN THE STATE ENVIRONMENTAL CONSERVATION REVIEW ACT By Councilperson Nolte: Seconded by Councilperson Beavers WHEREAS, this action is to Consider Enactment of a Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land Divisions and Subdivisions, Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards and Guidelines Set Forth in the State Environmental Conservation Review Act; and WHEREAS, this is a Type I action for which the Town Board of the Town of Danby is acting as Lead Agency in environmental review,with the Planning Board of the Town of Danby an involved agency; and WHEREAS,the proposed local law was referred to the Tompkins County Department of Planning for review pursuant to General Municipal Law Sections 239-1 and -m; and that Department responded on 8/13/07 that it had determined that the revised proposal as submitted has no negative inter-community or county-wide impacts; and WHEREAS,the Town Board of the Town of Danby on August 13,2007 has held a public hearing to hear all interested parties in the matter,which hearing was duly advertised in the Ithaca Journal; NOW, THEREFORE IT IS RESOLVED,that the Town Board of the Town of Danby,acting as Legal Agency in environmental review of this Type I action,hereby makes a negative determination of environmental significance; and it is FURTHER RESOLVED,that the Town Board of the Town of Danby adopts Local Law Number 4 of 2007, entitled "A Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land Divisions and Subdivisions,Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards andlGuidelines Set Forth in the State Environmental Conservation Review Act", a copy of which is attached hereto and made a part of this Resolution; and it is FURTHER RESOLVED, that the Town Board of the Town of Danby file a report with the Tompkins County Department of Planning within thirty(30)days hereof,reporting on the final action taken by the Town Board with respect to Local Law 4 of 2007; and it is FURTHER RESOLVED,that the Town Clerk be and she hereby is directed to enter said local law into minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law,and to give due notice of adoption of said local law to the Secretary of State of the State of New York. A roll call vote on the resolution resulted as follows: Beavers Aye Nolte Aye S alino Aye Varona-Lacey Nay Dietrich Nay Carried STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York,hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 13`'day of August, 2007. IN WITNESS WHEREOF,I have hereunto set my hand and the Seal of the Town of Danby, this 21'day August,of 2007. Otteal J5, ,t,t1L)-- (04 Carol W. Sczepanski, Town Clerk Page 1 of 2 Subj: Sub Regs Date: 8/27/2007 8:17:43 A.M. Eastern Daylight Time From: knr @millermayer.com To: Danbytownclk @aol.com, SBeeners @aol.com Hi Sue and Carol, I'm just trying to tie up all the lose ends on the sub regs so that I can file them away for a while! To that end, below is a list of the post passage procedures and a status update on those items (as I know it—please fill in the blanks): 1. (CAROL) Enter Amendment to Subdivision Regulations in official Town Board meeting minutes along with the names of the Town Board members present and their votes (Referencing the Sub Regs in minutes and stapling a copy of full text to official meeting minutes is sufficient—you do not need to type the entire text of the Sub Regs in the text of the minutes) STATUS: unknown? (assume this has been done, but please confirm) 2. (SUE) Send report on final action taken by Town Board to County Planning Department(Can be very simple report just stating that Sub Regs were passed by majority vote) STATUS: unknown? (please send me a copy for my files whenever the report goes out) 3. (CAROL and KIM) Send certified copy of Local Law to New York State Department of State, Bureau of State Records for filing within 20 days of passage (must be certified by Town Clerk and Town Attorney; must be filed by September 2, 2007. Carol please certify the local law and send it to me so that I can sign and forward on to the DOS.) STATUS: Done (was sent via Fed Ex to State today 8/27/07, copy of DOS letter and signed original v sion of local law sent to Carol) 4. (CAROL and KIM) Publish a Summary/Abstract of Amendment in Newspaper (publish once, affidavits of publication must be filed with town clerk) STATUS: Publication complete, waiting for affidavit (Carol, please forward to me when you get this affidavit, that way my files can be totally complete!) 11\\ 5. (CAROL) Record local law in indexed book of local laws. STATUS: unknown? (assume this has been done, but please confirm) Thank you! Kim ********************** *********************************************** Kimberly N. Rothman Miller Mayer LLP 202 East State Street Ithaca, NY 14850 (607) 273-4200 (phone) (607) 272-6694 (fax) www.millermayer.com In accordance with Internal Revenue Service Circular 230,please be aware that any discussion of a federal tax issue contained in this communication (including any attachments) is not intended or written to be used, and it cannot be used, by any recipient for the purpose of(i) avoiding penalties that may be imposed on the recipient under United States federal tax laws, or(ii)promoting, marketing or recommending to another party any tax-related matters addressed herein. This e-mail message and any attachments are confidential may be protected by the attorney-client, work Tuesday, August 28, 2007 America Online: Danbytownclk 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 Salerno Flash Ithaca,New York 14850 Hayden R.Brainard,Jr. Rosanne Mayer Telephone:607.273.4200 George R.Pfann,Jr. Of Counsel Fax:607.272.6694 David A.Tyler Web:www.millermayer.com Stephen Yale-Loehr Hilary T.Fraser knrQmillermayer.com Laurie M.Johnston Adam R.Schaye Carolyn S.Lee August 27, 2007 Delivered via Federal Express , Secretary of State of New York . ®' Department of State Bureau of State Records 41 State Street Albany, NY 12231 Re: Town of Danby- Local Law 4 of the Year 2007 Dear Sirs and Ladies: Enclosed for filing in your office is the original copy of Town of Danby Local Law No. 4 of the Year 2007 entitled"A Local Law Amending the Subdivision Regulations of the Town of Danby, New York by Reclassifying Certain Land divisions and Subdivisions,Modifying Procedures Related to Such Land Divisions and Subdivisions and Incorporating Standards and Guidelines Set Forth in the State Environmental Conservation Review Act." Please forward the receipt for filing of this Local Law directly to the Town Clerk at the following address: Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, NY 14850 I have enclosed a prepaid envelope addressed to Carol for this purpose. Please feel free to contact me if you have any questions. I can be reached at (607) 273-4200. Thank you. Sincerely, Kimberly N. Rothman cc: Carol W. Sczepanski (w/enlcs.) H:\7935\005\Itr to DOS Bureau of State Records 8-27-07.wpd AFFIDAVIT OF PUBLICATION The Ithaca TOWN OF DANBY JOURNAL 3 LEGAL NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Danby will hold q public hearing at 1830 Danby Road, Ithaca, New° York, on Monday, uly 16,2007 at 6:30 p.m.,i to hear all comments ofin i State of New York,Tompkins County, ss.: terested persons related ta, �e �I C p y ❑ proposed amendment to the Subdivision Regulations', `r1- -P Si CJ being duly sworn,deposes and lof the Town of Canby,New. g y p (York. The title of the pro- p osed amendment is as fol-, says that she/he resides in Ithaca,county and state aforesaid and that 'Pow t eA udi saw Amend !ing the Subdivision Regulo-, lions of the Town of Danby, she/he is Clerk of The Ithaca New York by Reclassifying Certain Land Divisions and Journal a public newspaper printed and published in Ithaca aforesaid • Subdivisions, Modifying Procedures Related to Suah Land Divisions and Subdivi- and that a notice of which the annexed is a true copy was published signs_.and—a I Guidelines Standards and Guidelines Set forth in the State Envi= in said paper ronmental Conservatio n Re (z,) L LO---) 'view the p pose the terms of the proposed amend ment the text of the current • Subdivision Regulations of the Town of Danby, New , York would be deleted in its entirety and replaced with' •amended text. The pro- posed amended subdivision and that the first ublication of said notice was on the 1 regulations provide for ex- tensive changes to the cur- day of tent subdivision regulations and are applicable on a " !� (J� Town-wide basis, and con- (A&LIL tain revisions to the draft•Lo- / c al Law that was subject to the public hearing held on I May'el 4,2007. . ii (scribed and sworn to before me this /7 d,11• of Th Eufi text of this pre posed amendment to Su the i vision Regulations of the Town of Danby,New York I is on file in the C)ffice of the / Clerk of the Town of / :Danby, located at 1830 Danby Road and is avoila- �t0 -C ble for review by all mem bers of the ublic,Tuesday, through Friday between the; Notary Public !hours of 9:00 a.m. and ii '3:00 p.m. All persons will be heard JEAN FORD either in person or int writing. , Notary Public, State of New York B order an Town Board No.4654410 Carol W.Sczepansk Town Clerk Qualified in Tompkins County Dated: Jyl6,y 3,0 // Publish:July 6,2007 7 Commission Expires May 31,201 • • ogNe Y AFFIDAVIT OF PUBLICATION The Ithaca TOWN OF DANBT JOURNAL, . LEGAL NOTICE PLEASE TAKE NOTICE that the Town board of the Town of'Danby will hold a public hearing at 1830 Danby Road, Ithaca, New - York, on Monday,•May . 14, 2007, at -6:30 p.m.,to hear all comments • of interested persons relat- State of New York,Tompkins County,ss.: ed to a proposed amend- -' ment to he Subdivision \ ���{� \ Regulations of the Town of 1A ciiT being duly sworn, deposes and Danby,New York. The title , of the proposed amend- ment is as follows:"A•Local says that she/he resides in Ithaca,county and state aforesaid and that Law Amending the Subdivi- sion Regulations' of the she/he is Clerk of The Ithaca Town of Danby,New York . ,by Reclassifying Certain Land Divisions and Subdivi- Journal a public newspaper printed and published in Ithaca aforesaid sions, Modifying Proce- ,dures Related to Such•Land Divisions and Subdivisions ■ and that a notice of which the annexed is a true copy was published and Incorporating Stand , ards and Guidelines Set in said paper Forth in the Slate Environ- i mental Conservation Re- � '�� 'view Act." Under the terms c5\ of the proposed, amend • ment,the text of the current • Subdivision Regulations of the Town of Danby, New York would be deleted in its entirety and 'replaced with amended text. The pro- `S'� posed amended subdivision and that the first publication of said notice was on the regulations provide for eic- tensive changes to the cur- rant subdivision regulations • day of � ��5,.3—� a00-1 and are applicable on a Town-wide basis. � - �y , . • The.full text of this pro- ' . posed amendment'to Subdi- Subscribed and sworn to before me this vision Regulations.of the day of Town of Danby,New York (-1( itAdr 7 •is on file in the Office of the ��� � Clerk''of the Town of Danby, located at 1830 ' Danby Road and is availo- •,ble for review by all mem- 'bers on the public.Tuesday � � 'through Friday between the hours of.9:00 c.m. and �� 4:00 p,m., and.Saturday lVotar�' Public All a.m.to Noon." All persons will be heard either in person or in • JEAN FORD writing. By order of the Notary Public, State of New York Town Board Carol W. •Sczepanski, N0.4654410 Town Clerk Dated: April 27,2007- . Qualified in Tompkins County Publish:May 1,:2007 Commission Expires May 31,201 • • • 1 617.20: Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components:The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: X Part 1 X Part 2 []. Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment,therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment,there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment,,therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted;Actions Adoption of Revisions to Subdivision Regulations, entitled "Subdivision and Land Division Regulations of the Town of Danby, New York" Name of Action Town of Danby Town Board Name of Lead Agency Ric Dietrich Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer tilt/(07 Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Adoption of Revisions to Subdivision Regulations,entitled "Subdivision and Land Division Regulations of the Town of Danby, New York" Location of Action (include Street Address, Municipality and County)Town of Danby,Tompkins County, New York Name of Applicant/Sponsor Town of Danbv Town Board Address 1830 Danby Road City/PO Ithaca State NY Zip Code 14850 Business Telephone (607)277-4788 Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: Replacement of May, 2005 "Subdivision Regulations of the Town of Danby", with "Subdivision and Land Division Regulations of the Town of Danby". Revisions include reclassifying land divisions and subdivisions, modifying application and review procedures, and, and changing requirements, standards, and guidelines related to environmental conservation. Please Complete Each Question—Indicate N.A. if not applicable A. SITE DESCRIPTION (for available information related to site description, refer to the 2003 Town of Danby Comprehensive Plan) Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: X Urban X Industrial X Commercial X Residential (suburban) X Rural (non-farm) X Forest X Agriculture X Other Land use varies throughout the Town 2. Total acreage of project area: 34,509 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other(Indicate type) acres acres 3. What is predominant soil type(s) on project site? *NIA a. Soil drainage: Well drained % of site _Moderately well drained _% of site. _Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres(see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Yes No *NIA a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: *NIA _0-10% % _10- 15% _15%or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes No *NIA 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks?_Yes_No*NIA 8. What is the depth of the water table? (in feet)*NIA 9. Is site located over a primary, principal, or sole source aquifer? _Yes No *NIA 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? _Yes No *NIA 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? _Yes No *NIA According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? Yes No *N/A Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? _Yes No *N/A If yes, explain: 14. Does the present site include scenic views known to be important to the community? _Yes No *N/A 15. Streams within or contiguous to project area: *NIA a. Name of Stream and name of River to which it is tributary: 16. Lakes, ponds, wetland areas within or contiguous to project area: *NIA a. Name: b. Size(in acres): 17. Is the site served by existing public utilities? _Yes No *N/A a. If YES, does sufficient capacity exist to allow connection? _Yes No b. If YES, will improvements be necessary to allow connection? Yes No *N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes No *N/A 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Yes No *N/A 20. Has the site ever been used for the disposal of solid or hazardous wastes? Yes _No *NIA B. Project Description * This Action will not directly cause changes or impacts related to the below. 1. Physical dimensions and scale of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor *NIA acres. b. Project acreage to be developed: *N/A acres initially; *NIA acres ultimately. c. Project acreage to remain undeveloped: *N/A acres. d. Length of project, in miles: *NIA (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. *N/A % f. Number of off-street parking spaces existing *N/A ; proposed 14/A . g. Maximum vehicular trips generated per hour. *NIA (upon completion of project)? h. If residential: Number and type of housing units: *N/A One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions(in feet)of largest proposed structure: *N/A height; *N/A width; *N/A length. j. Linear feet of frontage along a public thoroughfare project will occupy is? *N/A ft. 2. How much natural material (i.e. rock, earth, etc.)will be removed from the site?*N/A tons/cubic yards. 3. Will disturbed areas be reclaimed? Yes No X N/A a. If yes, for what intended purpose is the site being reclaimed? b.Will topsoil be stockpiled for reclamation? _Yes No c.Will upper subsoil be stockpiled for reclamation? _Yes No 4. How many acres of vegetation (trees, shrubs, ground covers)will be removed from site? *NIA acres. 5. Will any mature forest(over 100 years old)or other locally-important vegetation be removed by this project? Yes No *N/A 6. If single phase project:Anticipated period of construction: *N/A months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated *N/A (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? _Yes No 8. Will blasting occur during construction? Yes No *N/A 9. Number of jobs generated: during construction *N/A ; after project is complete 10. Number of jobs eliminated by this project *NIA . 11. Will project require relocation of any projects or facilities? Yes No *NIA If yes, explain: 12. Is surface liquid waste disposal involved? _Yes No *NIA a. If yes, indicate type of waste(sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Yes No *N/A Type 14. Will surface area of an existing water body increase or decrease by proposal? _Yes No*NIAlf yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? _Yes _No *WA 16. Will the project generate solid waste? Yes No *N/A a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? _Yes No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? _Yes _No e. If yes, explain: 17. Will the project involve the disposal of solid waste? _Yes No *NIA a. If yes, what is the anticipated rate of disposal? tons'month. b. if yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? _Yes No *NIA 19. Will project routinely produce odors(more than one hour per day)? _Yes No *NIA 20.Will project produce operating noise exceeding the local ambient noise levels? _Yes _No *N/A 21.Will project result in an increase in energy use? _Yes No *NIA If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity *NIA gallons/minute. 23. Total anticipated water usage per day *NIA gallons/day. 24. Does project involve Local, State or Federal funding? X Yes No If yes, explain: • 25.Approvals._Requiied: * Type 21>\01 Submittal Q i L Date City,Town, Village Board X Yes No Adoption of Legislative Revisions �' City,Town, Village Planning Board X Yes No Recommendation to Town Board ;. �4 r City, Town Zoning Board _Yes X No dzA 3115 101 City, County Health Department _Yes X No Other Local Agencies _Yes X No Other Regional Agencies Yes X No State Agencies Yes X No Federal Agencies Yes X No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? X Yes No If Yes, indicate decision required: _Zoning amendment _Zoning variance Special use permit _Subdivision Site plan _New/revision of master plan _Resource management plan X Other Amendment of Sub.Regs. 2. What is the zoning classification(s) of the site? Pertains to several zones/townwide 3. What is the maximum potential development of the site if developed as permitted by the present zoning? (amendments do not change development potential) 4. What is the proposed zoning of the site? N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? X Yes No 7. What are the predominant land use(s) and zoning classifications within a %mile radius of proposed action? N.A. 8. Is the proposed action compatible with adjoining/surrounding land uses with a%mile? _Yes No N.A. 9. If the proposed action is the subdivision of land, how many lots are proposed? N.A. a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? _Yes X No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? _Yes No N.A. a. If yes, is existing capacity sufficient to handle projected demand? _Yes No 12. Will the proposed action result in the generation of traffic significantly above present levels? _Yes No N.A. a. If yes, is the existing road network adequate to handle the additional traffic? _Yes No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification �' I certify that the information provided above is true to the best of my knowledge. i I C. 40Eg*:1641 Applicant/Spori,sOrrName Town of Danbv Town Board Date Signature Title Town Supervisor -14 ,,, >> - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. D. INFORMATIONAL DETAILS Draft, S.Beeners, 4/11/07 In May, 2005, the.Town Board adopted what is termed as "Round I" revisions to the Subdivision Regulations and the Zoning Ordinance. The Town Board had, in enacting a previous 6-month moratorium on subdivisions and rezonings, essentially expressed a commitment to have revisions in place as soon as possible, and the Moratorium had ended in March, 2005. Starting in June, 2005,the Task Force worked on a set of"Round Two-A" revisions to the Subdivision Regulations. The focus was to: • remove the 60% Conservation Area requirement in Low Density Residential Zones— which, adopted in May, 2005, had been perceived by much of the community as cumbersome and restrictive; but to replace it with some provisions for environmental conservation; and • provide some options for some minor land divisions by permit. In May, 2006, the Town Board held a public hearing on revised "Round Two-A" draft: Subdivision Regulations. The Town did not adopt those because of the concerns raised by Tompkins County Planning Dept. in its course of General Municipal Law 239-1 and— m review. The 2007"Land Division and Subdivision Regulations"were developed, with assistance from the Town's attorneys, to provide a clear ministerial process for some land divisions by permit. These regulations also simplify the map submission process for standard subdivisions. Procedures are revised to better track related provisions in Town Law and SEQRA. PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable?The reviewer is not expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumulative effects. Instructions(Read carefully) a Answer each of the 20 questions in PART 2.Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exDaeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column.2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. I f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible.This must be explained in Part 3. 1. Small to 2. Potential 3. Can impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON LAND 1. Will the Proposed Action result in a physical change to the project site NOP11 YES Examples that would apply to column 2 • Any construction on slopes of 15%or greater, (15 foot rise per I Yes No 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than Yes No 3 feet. • ' Construction of paved parking area for 1,000 or more vehicles. Yes I No • Construction on land where bedrock is exposed or generally within 3 Yes No feet of existing ground surface. • Construction that will continue for more than 1 year or involve more Yes No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 Yes No tons of natural material (i.e., rock or soil) per year. 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Construction or expansion of a sanitary landfill. - Yes No • Construction in a designated€loodway. Yes No • Other impacts: Yes No 2. Will there be an effect to any unique or unusual land forms found on the site?(Le, cliffs, dunes,geological formations, etc.) N.© YES f • Specific land forms: Yes I No IMPACT ON WATER 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) NO x YES Examples that would apply to column 2 • Developable area of site contains a protected water body. Yes No • Dredging more than 100 cubic yards of material from channel of a Yes No protected stream. • Extension of utility distribution facilities through a protected water Yes No body. • Construction in a designated freshwater or tidal wetland. Yes No • Other impacts: Yes No 4. Will Proposed Action affect any non protected existing or new body of water? N•© YES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of Yes No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. Yes No 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? • Other impacts: ] Yes No 5. Will Proposed Action affect surface or groundwater quality or quantity? Ns El YES Examples that would apply to column 2 l • Proposed Action will require a discharge permit. 1 Yes No • Proposed Action requires use of a source of water that does not } Yes No have approval to serve proposed (project)action. • Proposed Action requires water supply from wells with greater El Yes No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water Yes No supply system. • Proposed Action will adversely affect groundwater. Yes No • Liquid effluent will be conveyed off the site to facilities which Yes No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. Yes No • Proposed Action will likely cause siltation or other discharge into I Yes No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or Yes I No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without Yes No water and/or sewer services. • Proposed Action locates commercial and/or industrial uses Yes No which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: Yes No 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? X JNO YES 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? Examples that would apply to column 2 • Proposed Action would change flood water flows. • Yes No • Proposed Action may cause substantial erosion. 1 Yes No • Proposed Action is incompatible with existing drainage patterns. Yes I No • Proposed Action will allow development in a designated flood-way. Yes No • Other impacts: - Yes I No IMPACT ON AIR 7. Will Proposed Action affect air quality? N Ell YES, Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any Yes No given hour. • Proposed Action will result in the incineration of more than 1 ton Yes No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour Yes No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land Yes No committed to industrial use. • Proposed Action will allow an increase in the density of Yes No industrial development within existing industrial areas. • Other impacts: Yes No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? N•P YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal Yes I No list, using the site, over or near the site, or found on the site. • • Removal of any portion of a critical or significant wildlife habitat. Yes No VEIMINECiaiIIIMMIMI 1. Small to 2. Potential 3. Can Impart Be Moderate Large Mitigated by Impact Impact Project Change? • Application of pesticide or herbicide more than twice a year, Yes ,No other than for agricultural purposes. • Other impacts: I [II] Yes I No 9. Will Proposed Action substantially affect non-threatened or nonendarrgered species? N*© YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident J Yes No or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature I ] Yes No forest(over 100 years of age) or other locally important vegetation. • Other impacts: l l I Yes No IMPACT ON AGRICULTURAL LAND RESOURCES • 10, Will Proposed Action affect agricultural land resources? N 1:11 YES Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural Yes. No land(includes cropland, hayfields, pasture,vineyard, orchard, etc.) • Construction activity would excavate or compact the soil profile of Yes No agricultural land. • The Proposed Action would irreversibly convert more than 10 I Yes No acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The Proposed Action would disrupt or prevent installation of agricultural Yes l No land management systems(e.g., subsurface drain lines, outlet ditches, strip cropping);or create a need for such measures(e.g. cause a farm field to drain poorly due to increased runoff). • Other impacts: Yes No • 1. Small to 2. Potential 3. Can impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(lf necessary, use the Visual EAF Addendum in Section 617.20,Appendix B.) N•111 YES Examples that would apply to column 2 • Proposed land uses,or project components obviously different from Yes No or in sharp contrast to current surrounding land use patterns, - whether man-made or natural_ • Proposed land uses, or project components visible to users of Yes No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant Yes No screening of scenic views known to be important to the area. • Other impacts: Yes No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic,prehistoric or paleontological importance? N.• YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially Yes No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within Yes No the project site. •• Proposed Action will occur in an area designated as sensitive Yes I No - for archaeological sites on the NYS Site Inventory. • Other impacts: I f Yes I No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? N•© YES 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Examples that would apply to column 2 Impact Impact Project Change? • The permanent foreclosure of a future recreational opportunity. ] Yes No • A major reduction of an open space important to the community. I ] Yes f No • Other impacts: Yes I I No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA) established pursuant to subdivision 6NYCRR 617.14(g)? N El YES List the environmental characteristics that caused the designation of the CEA Examples that would apply to column 2 • Proposed Action to locate within the CEA? Yes No • Proposed Action will result in a reduction in the quantity of the resource Yes No • Proposed Action will result in a reduction in the quality of the resource? I Yes No • Proposed Action will impact the use,function or enjoyment of the resource? Yes No • Other impacts: Yes No IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? Ns YESI I Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. I I I Yes No • Proposed Action will result in major traffic problems. Yes No • Other impacts: - Yes No 1. Small to 2. Potential 3. Can Impact Be Moderate Large Mitigated by Impact Impact Project Change? IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? NO( YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the Yes No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy Yes No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: Yes No NOISE AND ODOR IMPACT /7. Will there be objectionable odors, noise, or vibration as a result of the Proposed Acton? N•© YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. Yes No • Odors will occur routinely (more than one hour per day). Yes No • Proposed Action will produce operating noise exceeding the local Yes No ambient noise levels for.noise outside of structures. • Proposed Action will remove natural barriers that would act as a Yes No noise screen. • Other impacts: Yes No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? NO X YES • Proposed Action may cause a risk of explosion or release of hazardous Yes No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event - of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" Yes No in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • • 1. Small to 2. Potential 3_ Can Impact Se - Moderate Large Mitigated by Impact Impact Project Change? • Storage facilities for one million or more gallons of liquefied 1 I I 1 Yes I I No natural gas or other flammable liquids. • • Proposed Action may result in the excavation or other disturbance within I H Yes No 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: J Yes No • • - . IMPACT ON:GROWTH AND CHARACTER OF COMMUtTY OR NEIGHBORHOOD • 19. Will Proposed Action affect the character of the existing community?. Nf 1 YESJ x CG-f-- A-Ttr'1-64411 a Examples that would apply to column 2 4 • The permanent population of the city, town or village in which the Yes No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will I I Yes I +No increase by more than 5%per year as a result of this proje ct. Ii f • Proposed Action will convict with officially adopted plans or goals_ • - I . J l 1 Yes No • Proposed Action will cause a change in the density of land use. I Yes No • • Proposed Action will replace or eliminate odsting facilities, Yes +No structures or areas of historic importance to the cormuniy. • Development will create a demand for additional community I Yes I No services (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects_ Yes J I No • Propose Action will create or eliminate employment I 1 1 I Yes No • Other impacts: + I j Yes J No • 20. Is there, or is there likely to be,public controversy related to potential adverse environmental impacts? Ntg YES! If Any Action in Part 2 is Identified as a Potential Large Impact, or if you Cannot Determine the Magnitude of Impact, Proceed to Part 3 * See Part 2 Addendum. • PART II ATTACHMENT Draft, S.Beeners, 4/11/07 CONSISTENCY WITH OFFICIALLY ADOPTED PLANS OR GOALS: The proposed revisions are generally consistent with Town of Danby Comprehensive Plan goals, objectives, and strategies related to ensuring that land use practices preserve natural, agricultural, and historic resources, particularly with respect to the proposed conservation requirements for subdivisions in the Low Density Residential Zone. Options for Land Division by Permit will accommodate those property owners who occasionally create a new lot lot; and will help reduce the administrative burden of sending such minor subdivisions to the Planning Board. Larger subdivisions in the Low Density Residential Zone will be subject to a simplified conservation design approach, where no-build and restricted-build areas are identified. The revisions are consistent with policies in the Tompkins County Agriculture and Farmland Protection Plan, by restricting development on Class I and II agricultural soils. The revisions are also consistent with policies of the Tompkins County Comprehensive Plan, by restricting development on agricultural soils, in Unique Natural Areas, and in other areas with significant resources. RECOMMENDATION: A negative determination of environmental significance is recommended for this action, since it would maintain a level of enhanced subdivision review and regulation for subdivisions in the Low Density Residential Zone,that was the goal of the"Round 1" 2005 legislative revisions, and help to preserve a variety of open space resources. Tompkins.County DEPARTM'ENDOF PLANNING „IQI E stiCourtStreet) Ithaca. N,ew Y irki14850 Edward C.Marx,AICP Commissioner of Planning * 1 Telephone(607) 274-5560 and Public Works Fax (607) 274-5578 June 29,2007 Ms. Sue Beeners, Code Enforcement Officer Town of Danby 1830 Danby Road Danby,NY 14850 Re: Review Pursuant to §239-1 and-m of the New York State General Municipal Law Action: Revisions to the Proposed Land Division and Subdivision Regulations of the Town of Danby 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 received revisions to the proposed land division and subdivision regulations of the Town of Danby from Kimberly Rothman of Miller Mayer, LLP on June 20, 2007 and June 26, 2007. The Department has reviewed the revised proposal, as submitted, and has determined that it has no negative inter-community, or county-wide impacts. Please inform us of your decision so that we can make it a part of the record. Sincerely, .,,,.,,,,L..._9_____e _ .„. e Edward C. Marx, AICP Commissioner of Planning and Public Works Cc: Kimberly Rothman,Miller Mayer, LLP uay 14 07 10: 21a ITCTC/TCPD 607-274-5578 p. 1 ;I Tompkins County DEPARTMENT OF PLANNING 121 East Court'Street Edward C.Marx,AICP Ithaca,Nevy York 14850 Commissioner of Planning Telephone(607) 274-5560 and Public Works Fax (607)274-5578 May 14,2007 Ms. Susan Beeners, Code Enforcement Officer �® Town of Danby �4i' 1 1830 Danby Road '4°07 Ithaca,NY 14850-9419 0'1A VIA FACSIMILE AND MAIL Re: Review Pursuant to§239-I and-m of the New York State General Municipal Law Action: Proposed Land Division and Subdivision Regulations of the Town of Danby 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 reviewed the proposal, as submitted, and has determined that it may have negative inter-community,or county-wide impacts as described below. We recommend modification of the proposal. If the Board does not incorporate these recommendations into its approval, such approval will require a vote of a supermajority(meaning a majority plus one) of all members of the decision-making body. Recommended Modifications We continue to have many of the same concerns that were expressed in the Department's letter dated May 11, 2006. • The proposed revisions to the Subdivision Regulations give the authority to approve certain plats to the Code Enforcement Officer, which is not allowed under state law.There arc ways to re-craft the language.The Department provided possible language to be used in the letter dated May 11,2006. Other Comments The Department offers the following comments regarding the proposed subdivision regulations, which are not formal recommendations under General Municipal Law§239 -1 and—m; • The Optional Land Division by permit(both large lot and small lot divisions) should require a minimum frontage. • We recommend that the no build areas in the conservation requirements be extended to include a 100-foot buffer from the top of the stream bank for perennial streams.This recommendation is based on a recent review of scientific literature and research by Planning Department staff that found this to be the minimum area necessary to protect water quality. The Department completed a brochure,Enhancing Water Resources in Tompkins county: Benefits of Riparian Areas and Stream Buffers, which outlines the current literature and research.It is included with the letter. ' ay 14 07 10: 21a ITCTC/TCPD 607-274-5578 p. 2 239 Review Danby Subdivision Regs. Page 2 of 2 We would be happy to sit down with the Planning Board, appropriate Town officials or Town staff to discuss the recommended modifications. Please inform us of your decision so that we can make it a part of the record. Sincerely, P ' Edward C.Marx, AICP Commissioner of Planning and Public Works Enclosure: Enhancing Water Resources in Tompkins County: Benefits of Riparian Areas and Stream Buffers