HomeMy WebLinkAboutLL 2007 #4 Sub Regs NEW YORK STATE DEPARTMENT OF STATE
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❑ County
❑ City of DANBY
EX( Town
❑ Village
Local Law No. 4 of the year 2007
A local law AMENDING THE SUBDIVISI • ► : _ • . • _ • ,
OF DAN B`N';eiNVW 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.
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
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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.
H. 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:
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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.
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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.
H. 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.
H. 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.
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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.
II. 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.
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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.
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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.
II. 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
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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.
II. 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.
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Section 205. Tompkins County Department of Health.
I. Tompkins County Department 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 Department
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.
H. 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.
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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.
H. 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
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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
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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 maybe 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
Department,then immediately following the public hearing on the Preliminary Plat,the Planning Board
shall refer such Preliminary Plat to the County Planning Depai tment for review and report. Within thirty
(30)days of receipt of such Preliminary Plat,the County Planning Department shall report to the Town
the findings of its review. If the County Planning Department 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.
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VIII.Planning Board Action Following Preliminary Plat Approval. Within five (5) business clays 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 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
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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
Depai tment 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;
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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 maybe 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 Department, 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 Tompkins
County Clerk.
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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
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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.
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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.
II. 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 may be required by the Planning Board.
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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 maybe permitted 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.
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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;
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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.
H. 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.
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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.
II. 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.
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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 may be 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.
III. 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 may be added if adjacent land is subdivided.
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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.
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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 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 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 Plat Requirements.
I. APPLICABILITY. Land Division Final Plat requirements set forth in this Section shall apply to all
Land Divisions by Permit.
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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.
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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.
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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.
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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 maybe permitted 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.
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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.
II. 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.
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II. 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.
H. 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.
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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.
H. 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.
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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
turnarounds.
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.
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Section 802. Public Facilities.
I. APPLICABILITY. The Subdivision Design Standards set forth below shall apply to all Standard
Subdivisions.
H. 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.
H. 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.
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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 mariner 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 maybe 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.
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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.
II. 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.
II. 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.
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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.
H. 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, street 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.
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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.
II. 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.
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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'.
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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.
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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 H 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.
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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 Nat 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:
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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.
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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.
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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 Department,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.
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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.
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APPENDIX A
DEFINITIONS
For the purpose of these regulations, all words used in these regulations shall carry their customary
meanings, except that words defined in the Town of Danby Zoning Ordinance shall 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.
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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 602011)(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
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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(lll)(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(M)(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
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.
ail It/ e'- Clerk the county legislative bei," ,l ity,Town Clerk or
officer designated by local legislative
y tive body
(Seal) — r Date: /9L7QSt o' a1Od
(Gertific`aiion toIlye executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney.of locality.)
STATE OF,NEW YOR
aa
COUNTY OFr11LL1s
I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Title
County
Cityof
Town
Village
Date:
DOS-239 (Rev.05/05) Page 3 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed he eto, designated as local law No. of 20 07 of
the (Count )(City own Village)of b�N B was duly passed by the
7Qf,�n Cx� '�.�)41 (0 t� fie on i4u91gs I 13 20 d 7 , in accordance with the applicable
(Name of egislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and.received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 _ of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
•
(repassed after disapproval)by the on 20 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/05) Page 2 of 3
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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 Beeners
From: Kimberly N. Rothman, Esq.
0 ,
Date: April 26, 2007
O,rri� 0. Subject: Procedural Requirements for Passage of Subdivision Regulations in the Town
C' of Danby
.o) C�
.r� This memo is intended to outline the procedural steps that the Town of Danby must
i
undertake in relation to the passage of the amended Subdivision Regulations of the Town of
Danby.
�S
C ❑ (SUE) Refer Proposed Amendment to County Planning Board ("CPB")—General
X441 .a/ Municipal Law § 239-m
• ■ Proposed Amendment sent to CPB Spring, 2006 and CPB response was •
. ,:1141V delivered to Town on May 11, 2006, modifications were recommended
• Revised Proposed Amendments sent to CPB April 11, 2007 and CPB
�' X\ response delivered to Town on , [approval was/was
cc\\ not granted/modifications were recommended]
Vw
' ❑ (SUE) SEQRA Review (long form completed)
_i\( )gf (CAROL) Publish Notice of Public Hearing (at least 10 days prior to public hearing,
\14 c)(‘
` stating time and place of hearing, published in newspaper of general circulation in Town)
—Town Law § 264
\t`\1)1110/
CAROL Send Notice to the Following Parties (at least 10 days prior to t
61 (CAROL) g ( y p the date of the
public hearing) General Municipal Law § 239-m and § 239-nn:
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) Draft Resolution for Town Board Meeting
❑ (KIM) Draft Local Law for Review and Passage by Town Board
1
❑ Majority plus one vote of Town Board necessary to pass Subdivision Regulations
(ONLY if County Planning Board does not approve Amendments)—General Municipal
Law § 239-m
IS (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—General Municipal Law § 239-m
,V(CAROL and KIM) Send Local Law to New York State Department of State,
Bureau of State Records for filing.
y( (KIM and 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
C:\Documents and Settings\Carol\My
Documents\S ummaryforPublication-Subd ivi sion Regulation s\M emoreAdopti on ProceduresforSubd ivision Regs.wpd
2
TOWN OF DANBY
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 related to a proposed amendment to the Subdivision Regulations of
the Town of Danby,New York. The title of the proposed amendment is as follows: "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." Under the terms of the proposed amendment, 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 proposed amended subdivision regulations provide for extensive
changes to the current subdivision regulations and are applicable on a Town-wide basis.
The full text of this proposed amendment to Subdivision Regulations othe Town of Danby, New
York is on file in the Office of the Clerk of the Town of Danby, located at 1830 Danby Road and is
available for review by all members on the public,Tuesday through Friday between the hours of 9:00
a.m. and 4:00 p.m., and Saturday 9:00 a.m. to Noon."
All persons will be heard either in person or in writing.
By order of the Town Board
Carol W. Sczepanski, Town Clerk
Dated: April 27, 2007
Publish: May 1, 2007
Affidavit of Publication Requested.
Timing and Rules for Publication: Under Town Law, Sections 130 and 264 the Town Clerk
shall publish the following Notice of Public Hearing in at least one newspaper of general
circulation within the Town at least 10 days prior to the day specified for such hearing. Prior to
the public hearing the full text of the proposed local law should be available for review by
members of the public.
"NOTICE OF PUBLIC HEARING ON PROPOSED TOWN OF DANBY LOCAL LAW
AMENDMENT
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/7 , 2007, at ,-?O p.m., to
hear all comments of interested persons related to a proposed amendment to the Subdivision
Regulations of the Town of Danby, New York. The title of the proposed amendment is as
follows: "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." Under the terms of the proposed
amendment, 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 proposed amended
subdivision regulations provide for extensive changes to the current subdivision regulations and
are applicable on a Town-wide basis.
The full text of this proposed amendment to Subdivision Regulations of the Town of
Danby,New York is on file in the Office of the Clerk of the Town of Dan y, located at 1830
Danby Road and is available for review by all members on the public,. ough Friday
between the hours of 9:00 a.m. and 4:00 p.m., and Saturday 9:00 a.m. to Noon."
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TOWN CLERK'S OFFICE
1830 Danby Road
Ithaca, New York 14850
TO: Supervisor Dietrich
Councilpersons: Eugene Beavers,Norbert Nolte, Joseph Salino, Gladys Varona-
Lacey
FROM: Carol W. Sczepanski, Town Clerk ,
DATE: April 28, 2007
RE: Proposed Local Law#4 of 2007
I am transmitting to you a copy of the Proposed Local Law 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."
There will be a public hearing on May 14, 2007 at 6:30 p.m. with your monthly board meeting to
follow the hearing.
Phone: (607) 277-4788 Fax: (607) 277-0559 email: danbytownclk @aol.com