HomeMy WebLinkAbout2019-12-10-TB-FINAL-minutes with ZONING LAWTOWN BOARD MEETING
Town of Ulysses
December 10, 2019
Audio of the minutes are available on the website at ulysses.ny.us.
The meeting was held at the Ulysses Town Hall at 10 Elm Street, Trumansburg.
Notice of Town Board meetings are posted on the Town’s website and Clerk’s board.
ATTENDANCE:
TOWN OFFICIALS PRESENT:
Supervisor- Liz Thomas
Board members- Nancy Zahler, Richard Goldman, Michael Boggs, John Hertzler
Town Clerk- Carissa Parlato
Project Assistant- Michelle Wright
Bookkeeper- Gloria Cassetti
Planner- John Zepko
Code Officer- Tom Myers
OTHERS PRESENT:
Anne Koreman (Tompkins County Legislator), Linda Liddle, Roxanne Marino, Lawrence & Cheryl McCann
CALL TO ORDER:
Ms. Thomas called the meeting to order at 7pm.
APPROVAL OF MEETING AGENDA
RESOLUTION 2019-209: APPROVAL OF MEETING AGENDA
BE IT RESOLVED that the Ulysses Town Board approve the agenda for December 10, 2019 with the
additions of an executive session to discuss the promotion of a particular person, a bank agreement
and hazardous material survey; and removal of the resolution to appoint a First and Second Deputy
Supervisor.
Moved: Ms. Thomas Seconded: Mr. Hertzler
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
PRIVILEGE OF THE FLOOR:
Ms. Marino commented on zoning local law. She requested that the board amend the resolution to reflect
that the draft contains many things that were not recommended by ZUSC (Zoning Update Steering
Committee), such as deletion of the subdivision restrictions and failure to increase the conservation zone. She
would like the resolution to show that the board chose to reject those items. Further, she feels that if the
board continues to reject advisory committee input, it could become difficult in the future to recruit for those
committees.
Mr. McCann believes that the proposed zoning law is spot zoning and has no benefit for the greater good. The
limitation on a building footprint in the lake shore and conservation zones interferes with constitutional rights,
fails to have public purpose, and opens the town to litigation. Also, it discriminates against the disabled and is
diminutive to property values. He had anticipated building a 2700 sq. ft. home but cannot if the new law
passes.
REPORTS FROM REPRESENTATIVES:
Ms. Koreman reported the following Tompkins County updates:
• Hearing held on residency requirement for county department heads
• Passed the 5 cent paper bag fee
• Airport bond will be paid by airport facility charges rather than tax payers
• Will start an affordable housing task force & landlord support for landlords
• Approved parks & trail grants for up to $5000 for another year. The JCA can apply again but priority will
go to those who didn’t get a grant in 2019
• Seeking new HR, diversity office, and PR directors
• The county will continue without Local Assessment Boards for 3 years as trial basis
• A new tax abatement will help those who make home repairs
TOWN REPORTS:
Mr. Stewart gave his report (see Appendix) and was excused.
NEW BUSINESS:
AUTHORIZATION TO ACQUIRE HAZARDOUS MATERIAL SURVEY SERVICES
Mr. Myers and Ms. Wright shared background information on this project. A hazardous material survey has
never been done for the town but needs to in advance of the heat system upgrade.
Two quotes were received. Board members asked clarifying questions.
Mr. Boggs felt that since the upgrade will not disturb the roof or the floor, it was not necessary to test those.
Ms. Wright said that since we are paying to have a test we should do it for posterity and future renovations.
RESOLUTION 2019-210: AUTHORIZATION TO ACQUIRE HAZARDOUS MATERIAL SURVEY SERVICES
WHEREAS, the design engineers for the HVAC/Heat pump project have stated the need for a hazardous
material survey for the Town Hall prior to releasing a bid document for the project; and
WHEREAS, there is no documentation for a previously conducted hazardous material survey for the
Town Hall; and
WHEREAS, two quotes have been obtained for this service and therefore compliant with the Town's
procurement policy, now therefore be it
RESOLVED, that the Ulysses Town Board authorizes town staff to commence acquiring a hazardous
material survey services from Paradigm, not to exceed $3800.
Moved: Ms. Thomas Seconded: Mr. Boggs
DISCUSSION:
Ms. Zahler asked whether this would be required for other contractors in the future.
Mr. Myers summarized that although it is required, it is not generally enforced.
Mr. Goldman felt that the bids are not equal. Ms. Wright responded that they were not successful in
finding another company that could offer the same comprehensive services.
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
TOWN REPORTS:
Mr. Myers gave his report at this time (see Appendix) and was excused.
Mr. Zepko gave his report.
OLD BUSINESS:
ZONING LAW
RESOLUTION 2019-211: LOCAL LAW #3 OF 2019 REPEALING IN ITS ENTIRETY THE TOWN OF ULYSSES
ZONING LAW AS ADOPTED BY LOCAL LAW NUMBER 3 OF 2013 AMENDED FROM TIME TO TIME, AND
CODIFIED AS CHAPTER 212 OF THE LAWS OF THE TOWN OF ULYSSES, AND IN ITS PLACE ADOPTING A
NEW ZONING LAW
WHEREAS, the Ulysses Town Board (“the Town Board”) adopted a Comprehensive Plan for the Town of
Ulysses on September 28, 2009; and
WHEREAS, in this enactment the Town Board seeks to promote the health, safety, and general welfare
of the community; to lessen congestion in the streets; to secure safety from fire, panic and other
dangers; to provide adequate light and air; to prevent overuse of land; to avoid undue concentration of
population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks
and other public requirements, under and pursuant to Chapter 62, Articles 9 and 16, of the
Consolidated Laws of New York State. This law also seeks to regulate and restrict, the form, height,
area and size of buildings and other structures, the percentage of lots that may be occupied, the size of
yards, the density of population, and the use of buildings, structures and land for trade, industry,
residence or other purposes; and
WHEREAS, through this the law and in accordance with parts of the Comprehensive Plan, the Town
Board further seeks to provide land use restrictions and regulations in order to preserve, foster and
enhance the native beauty and rural character of one of the most picturesque and charming
communities in the Finger Lakes region of New York State. Ulysses is a community well-known for its
fine vistas of farmland, hills and Cayuga Lake. This zoning law shall provide appropriate controls over
the use of buildings, structures and land; and
WHEREAS, the Town Board has determined that a repeal and re-enactment of the Town’s Zoning Law
is necessary to achieve and implement the objectives and guidelines outlined in:
• Ulysses Comprehensive Plan (2009)
• Ulysses Agriculture and Farmland Protection plan (2013)
• Building Vibrant Communities in Tompkins County, a Development Focus Area Strategy
(October 2012)
• Southern Tier Regional Sustainability Plan (May 2013)
• Tompkins Comprehensive Plan (2015),
• Tompkins County Farmland Protection Plan. (2015)
• Route 96 corridor management study (2012),
• Tompkins County Conservation Strategy (2012)
• Cayuga Lake Watershed Restoration & Protection Plan (2017)
• NYS Ag and Markets law—article 25AA
• National “smart growth” goals
WHEREAS, the provisions of this Zoning Law are in accordance with the Town’s Comprehensive Plan,
including the following specific objectives outlined in the Comprehensive Plan:
• Preserve and protect the town’s natural and environmental resources (objective 1.1 page 19)
• Protect existing water resources and maintain water quality (objective 1.2 page 20)
• Review and revise the existing Town regulations to more adequately protect streams in the
Town through buffer zones, setbacks, or other protection mechanisms such as a stream
protection overlay zone (objective 1.2a)
• Ensure to the extent possible that animal agriculture operations in the Town are managed so as
to protect the health and safety of the citizens of the Town. (objective 1.2 Action H. page 20
and 1.3 action A)
• Provide a high quality of life for all residents through the proactive planning that supports the
goals of the local community, complements the existing rural character or the Town, and
protects the value of natural and environmental resources. (Objective #2.1 page 22).
• Update the Town’s Zoning Law to better align with the Future Land Use Plan. (objective 2.2
Action B. page 23)
• Incorporate architectural design guidelines or standards into the Town’s Zoning Law to ensure
new commercial and mixed land use development is consistent with the vision of the Town.
(objective 2.1 Action C. page 22)
• Incorporate the Route 96 Corridor Management Plan recommendations to maintain the rural
corridor character along Route 96 with nodes at the Village of Trumansburg and the hamlet of
Jacksonville. (objective 2.1 Action A. page 22)
• Incorporate land use tools in the Zoning Law that encourage the clustering of residential
development to preserve existing rural character and efficient use of municipal services.
(objective 2.5 Action F. page 25)
• Allow a limited amount of cluster and road frontage development in the Agricultural Priority
Area of the Future Land Use Plan. (objective 2.6 Action C. page 26)
• Preserve and Protect the Town’s rural characteristics and agricultural lands. (Objective #2.6
page 26)
• Allow farm-related businesses on farms as long as they remain secondary to the farm
operation. (objective 3.1 Action G. page 27)
• Revise the existing sign ordinance to ensure consistent and aesthetic sign design and to include
appropriate sign regulations on the Cayuga Lake Scenic Byway. (objective 5.2 Action B. page 34,
and Community Character Survey Results (appendix 4, page 160).
• Revise the existing outdoor lighting ordinance to prevent light pollution. (objective 5.2 Action C.
page 34).
• Limit building sizes based on the results from the Community Character Survey (appendix 4,
page 160)
• Include landscaping requirements for new commercial and residential developments where
appropriate. (objective 5.2 Action D. page 34)
• Include parking design standards based on the Community Character Survey Results (appendix
4, page 151 and 160).
WHEREAS, the provisions of this Zoning Law are in accordance with the Town’s Agriculture and
Farmland Protection Plan, including the following specific objectives:
• Employ best practices in subdivision/site design including the following: vegetated buffers
adjacent to streams and wetlands (section 4.2.4B).
• Develop design standards for special permits for confined animal feedlot operations (CAFO’s) as
defined by the US EPA or the NYS DEC (section 4.2.4L).
• Expand Purpose Statement for Article V, §212-23-A/R Zone to focus on the contribution of
agriculture (Appendix D).
• Expand uses in the A/R Zone to expand profitability of farms (appendix D).
• Streams leading to Cayuga Lake should not carry polluting material or sediment in their
downstream flow. The AFPP recommended adding, “No buildings, other structures, or parking
areas shall be located within 50 feet of a stream or wetland.” (Appendix D).
• Expand specific agricultural related types of commerce (Appendix D).
• The Zoning Map was modified to reflect the boundaries of the future land use Agricultural
Priority Area. This extended the boundaries of the existing Agricultural area to reflect areas the
community identified as important agricultural lands during the Comprehensive Planning
Process. (Appendix D2).
WHEREAS, at a meeting on October 22, 2019, a resolution was duly adopted by the Town Board
scheduling a public hearing to be held by said Town Board on November 18, 2019 at 7:00 at the
Ulysses Fire Station located at 74 W. Main Street, Trumansburg, NY to hear all interested parties on a
proposed Local Law entitled “Local Law No. 3 of 2019, Repealing in its Entirety the Town of Ulysses
Zoning Law as Adopted by Local Law Number 3 of 2013, Amended from Time to Time, and Codified as
Chapter 212 of the Laws of the Town of Ulysses, and in its Place Adopting a New Zoning Law”;. and
WHEREAS, notice of said public hearing was duly published in the Ithaca Journal, that being the official
newspaper of the Town, on November 1, 2019, more than ten days prior to the scheduled public
hearing, and on the Town of Ulysses website on November 1, 2019, and posted on the Town Clerk’s
bulletin board and on the town website on November 1, 2019 and
WHEREAS, said public hearing was duly held on November 18, 2019 at 7:00 at the Trumansburg Fire
Hall, 74 West Main St. Trumansburg, NY and all parties in attendance were permitted an opportunity
to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and
WHEREAS, the Tompkins County Department of Planning on November 1, 2019 pursuant to section
239-m of the General Municipal Law, recommended changes to increase buffer areas for perennial and
intermittent streams and also to include provisions to allow development of wind energy facilities, and
the Town Board decided to address these issues in a future amendment of the zoning rather than
revise this version, and
WHEREAS, the New York State Department of Agriculture reviewed the Zoning Law and submitted
recommendations that were duly reviewed and deliberated, and the Ulysses Town Board is satisfied
that the proposed Zoning Law is justified by the town, and
WHEREAS, due to concerns over water quality issues, and the proximity of much of the Town of
Ulysses Agricultural District to Cayuga Lake, and because the Town is responsible for the health, safety
and welfare for all its residents, the Town is justified to include design standards for animal waste
storage facilities and Concentrated Animal Feeding Operations (CAFO) and to require a special permit
for these in order to ensure placement of these facilities does not negatively impact waters in the
Cayuga Lake Watershed, and
WHEREAS, notice of the proposed zoning enactment pursuant to Town Law Section 264 was served on
the following neighboring municipalities:
• Town of Covert
• Town of Hector
• Town of Enfield
• Town of Lansing
• Town of Ithaca
• Village of Trumansburg
• Tompkins County Department of Planning
• Tompkins County
• Seneca County
• Schuyler County
• N.Y. State Commissioner of Agriculture and Markets
• N.Y. State Commissioner of Environmental Conservation
• N.Y. State Office of Parks, Recreation and Historic Preservation
• The Ulysses Planning Board
• The Ulysses Zoning Board of Appeals
• Building and Code Inspector of the Town of Ulysses
WHEREAS, pursuant to part 617 of the implementing regulations pertaining to article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law, the Town Board, as lead
agency, has on November 26, 2019, made a negative declaration of environmental significance after
having reviewed and accepted the Full /Environmental Assessment Form Parts 1, 2 and 3 prepared by
the Town Planning Staff, and
WHEREAS this local law was drafted with input from the Zoning Update Steering Committee, which
included one representative from each the Planning Board, Board of Zoning Appeals, Conservation and
Sustainability Advisory Committee, Agricultural Committee; and the Jacksonville Community
Association; and was reviewed by the Town of Ulysses Planning Board, and
WHEREAS the following public outreach activities were conducted in connection with this enactment:
• 2/27/2016 - Trumansburg Fire Hall, General Kick-off meeting.
• 4/14/2016 - Outreach and input meeting for ag and ag land owners.
• 6/6/16 - Outreach meeting for Jacksonville.
• 1/19/17 - Outreach meeting for Jacksonville.
• 10/24/17 - present draft of Ag/Rural to Town Board.
• 11/30/17 - Public Information sessions on all parts of the zoning.
• 1/11 -2/16/18 – Public comment period
• 4/19/2018 - Presentation to local Rotary
• 8/20/2018 - Open House held at Town Hall 10:00 am to 1:00 pm
• 8/22/2018 - Open House held at Town Hall 7:00 pm to 9:00 pm
• 8/23/2018 - Open House held at Town Hall 4:00 pm to 6:00 pm
• 8/30/2018 - Public Information Meeting at Trumansburg Fire Hall
• 8/30/2018 to 10/5/2018 – Comment period #2
• 2/8/2019 - Open House held at Town Hall
• 2/13/2019 - Open House held at Town Hall
• 1/25/2019 to 2/18/2019 – Comment period #3
• 4/23/2019 – Town Board refers draft to the Ulysses Planning Board for review.
• 10/22/2019-Town Board declaration of Lead Agency and notification to Interested Agencies,
and sent to Tompkins County for 239 review
• 10/28/2019 – Open house held at Town Hall
• 10/29/2019 – Open house held at Town Hall
• 10/30/2019 – Open house held at Town Hall
• 11/18/2019 – Public Hearing held at Trumansburg Fire Station.
• 11/20 and 11/25/19- Town Board discussion of comments from 239 review, Ag & Markets, and
citizens
• 11/26/2019- Pass SEQR
WHEREAS, while many substantive aspects of the prior Zoning Law are not changed by this law, the
substantive changes to the Zoning Law that will be effected by this enactment include but are not
limited to the following:
• This local law increases the minimum required lot size and frontage in areas that were formerly
zoned Rural Residence and Moderate Density Residence districts, and reduces the residential
and commercial development potential of these areas; and
• Reducing the land available for development furthers the aims of preserving and encouraging
agriculture on viable lands and preserving both open space and the rural character of the Town;
and
• Preserving natural and environmental resources and protecting both surface and ground water
quality; and
• Ensuring that future commercial development is consistent with the Community’s vision
through the use of design guidelines; and
WHEREAS on March 12, 2019 at a duly convened Town Board meeting the Town was served with
Protest Petitions by purported owners of tracts of land in the Town, protesting the adoption of a
Section 212.29.1 regarding Limitations on Subdivisions of Parent Tracts, which proposed change has
since been eliminated from the Zoning Local Law now being adopted, and therefore the Town of
Ulysses has not made any further investigations into the validity and merits or lack thereof of the said
Protest Petition which has been rendered moot; and
WHEREAS on April 9, 2019 the Town Clerk was served with a Protest Petition by purported owners of
tracts of land in the Town, protesting the expansion of the Conservation Zone on the land use map,
which proposed change has since been eliminated from the Zoning Local Law now being adopted, and
therefore the Town of Ulysses has not made any further investigations into the validity and merits or
lack thereof of the said Protest Petition which has been rendered moot; and
WHEREAS, the Town Board of the Town of Ulysses, after due deliberation, finds it in the best interest
of the Town to adopt said Local Law,
NOW THEREFORE BE IT RESOLVED, the Town Board of the Town of Ulysses hereby adopts said Local
Law as Local Law No. 3 of 2019, Repealing in its Entirety The Town of Ulysses Zoning Law As Adopted
By Local Law Number 3 of 2013 Amended from Time to Time, and Codified as Chapter 212 of the Laws
of the Town of Ulysses, and in its Place Adopting a New Zoning Local Law, a copy of which is attached
hereto and made a part hereof, and the Town Clerk be, and hereby is, directed to enter said Local Law
in the minutes of this meeting and in the Local Law Book of the Town of Ulysses, and to file said Local
Law with the Secretary of State.
Moved: Mr. Boggs Seconded: Ms. Thomas
DISCUSSION:
Ms. Zahler acknowledged Ms. Marino’s earlier comments and suggested an amendment to the 15th
“whereas” paragraph to clarify that this local law was with drafted “with input” from the ZUSC. All
agreed.
Ms. Thomas stated that this has been very long process, with the grant being applied for in 2014. In
2015, consultants were hired and the steering committee appointed. She went on to thank all of the
volunteers, staff, committees, attorneys, and Town Clerk who put so much time into this and also the
community who has paid close attention.
She continued to add that it is difficult to come to decisions when so many perspectives are involved.
She leans on the guiding documents (the Comprehensive Plan, Ag and Farmland Protection Plan,
County plans, and American Farmland Trust) and the residents who gave input into those documents,
and believes in making decisions based on facts and data.
She reminded the Town Board that their job is to protect the health, safety and wellbeing of all
residents. This is difficult because it makes some people unhappy.
Extensive outreach was done for this update (15 outreach events) even though by law, only one public
hearing is required.
She added that many compromises have been made, and she is upset about the lack of land
preservation, but there are many good updates such as parking regulations, adherence to dark sky
standards, expanded uses in the ag district, clarifications to signage, ecotourism, water protection, and
clarifications to subdivision standards.
She recommended that this chapter be closed. The law is a living document that can be amended.
She reminded the board of the items on its docket to amend: wind power, multifamily housing, natural
resources overlay, abandoned businesses overlay, development districts, and others.
Ms. Zahler thanked all those who provided guidance, and went on to say, “I intend to vote for the
resolution tonight because I believe the law as proposed includes many significant and positive
changes to support and diversify the types of agriculture allowed in the Town while enacting a number
of protections for the health and safety of our residents and water ways.
I recognize that it does not fully respond to all of the requests and recommendations made by
regulatory agencies and members of the public and I know that is both disappointing and frustrating to
many who have advocated for more changes now.
Zoning is a living document that can be changed. Like any complex piece of legislation, after adoption,
there will be more changes needed to make sure it is a code that can work for citizens as well as Town
staff and the committees responsible for implementation.
In January I am committed to re-visiting several discreet sections to reconsider:
• The square footage limits added in the Lakeshore and Conservation zones
• Ag & Markets recommendations that do not adversely affect the health and safety of our
residents with the exception of CAFO and Manure Storage Facilities which I do believe protect
the health and safety of residents.
• Our definitions of setbacks, buffers and vegetative buffers to make sure all definitions are clear
and consistently applied to provide guidance to our Planning Board and Board of Zoning
Appeals and
• How to reconcile the contradictory advice from the County Planning Board and Ag and Markets
regarding setbacks and buffers
I think there are a number of discreet changes that can be considered and resolved quickly and there
are some that will take a narrow but in-depth look to make sure we’re all on the same page.
And because planning is an on-going process, I think we need to begin research on a wind turbine law
and I intend to make recommendations during 2020 to outline a process for updating both the data in
our Comprehensive Plan and Agriculture and Farmland Protection Plan. We also need to develop our
capacity to more systematically track development and land conversion with a data set we can all
accept and use to consider future changes.
And since zoning is only one tool available to the Town to protect our water quality, I will also be
interested in working with our Town Board, the Highway Department, and committees to: explore
other strategies to protect our water quality such as:
• implementing best practices in ditching to reduce and cleanse runoff;
• exploration of a pilot septic system inspection program to protect against dangerous
contamination and
• a public-private buffer protection initiative
I understand that some would like us to make these changes now, but any changes in one or more
parts of the whole code leave the whole code open for endless changes. If we adopt what we have
now, we can re-open specific sections to make improvements in a timely way. This has been a long
process and I have learned a great deal that I hope to use as we move forward.”
Mr. Goldman reiterated that this has been a long & arduous process and thanked all who took the time
and energy to share their thoughts, observations, and recommendations.
He will vote for the law because it has many beneficial changes including supporting agriculture and
health & safety concerns. He also recognizes that the document does not fulfill some of the requests of
folks who worked on it but the votes were not there.
In addition, there are some provisions that need to be looked at as soon as possible, including the
square footage restrictions for the lakeshore and conservation zones, clarifying the definitions of
setbacks and buffers, and reconciling the contradicting recommendations of Ag & Markets and county
planning.
He believes that passing the law now is a better plan than re-opening the whole process.
Mr. Boggs thanked all those who spent so many hours on this law. He also feels conflicted with the
document. There are many good updates but some not so. Overall it is a good document. He is anxious
to move on and look at changes.
Mr. Hertzler stated that he agrees with these points.
The clerk took a roll call vote:
Mr. Hertzler aye
Mr. Goldman aye
Ms. Thomas aye
Ms. Zahler aye
Mr. Boggs aye
Vote: 5-0
Date Adopted: 12/10/19
Mr. Zepko was excused at this time (8:23pm).
TOWN REPORTS:
(See Appendix)
NEW BUSINESS:
APPOINTMENT OF FIRST AND SECOND DEPUTY SUPERVISORS
Ms. Thomas thanked Mr. Boggs for his time as Second Deputy Supervisor. She has appointed Ms. Wright as
the new Second Deputy Supervisor. She noted that no board action was needed.
APPOINTMENTS OF MEMBERS OF VARIOUS TOWN OF ULYSSES BOARDS AND ADVISORY COMMITTEES FOR
2020
RESOLUTION 2019-212: APPOINTMENTS OF MEMBERS OF VARIOUS TOWN OF ULYSSES BOARDS AND
ADVISORY COMMITTEES FOR 2020
RESOLVED that the Ulysses Town Board appoints Morris Klein for another 5-year term on the Planning
Board beginning 1/1/2020 and ending 12/31/2024, and further
RESOLVED that the Ulysses Town Board appoints Rodney Bent for 1-year term as Alternate to the
Planning Board beginning 1/1/2020 and ending 12/31/2020, and further
RESOLVED that the Ulysses Town Board appoints Bob Howarth for another 5-year term on the Board of
Zoning Appeals beginning 1/1/2020 and ending 12/31/2024, and further
RESOLVED that the Ulysses Town Board appoints Thomas Butler for 1-year term as Alternate to the
Board of Zoning Appeals beginning 1/1/2020 and ending 12/31/2020, and further
RESOLVED that the Ulysses Town Board appoints the following people to be members of the Ulysses
Conservation and Sustainability Advisory Committee for 1-year terms beginning 1/1/2020 and ending
12/31/2020: Roxanne Marino (chair), Bara Hotchkiss, Robert Oswald, Terry Carroll, Don Ellis, and Andy
Hillman.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
RESOLUTION 2019-213: AUTHORIZATION TO SIGN CONFLICT OF INTEREST DOCUMENT
RESOLVED that the Town Board of Ulysses authorizes the Town Supervisor to sign the Consent to Dual
Representation of Taitem Engineering and Town of Ulysses provided by the Attorney for the Town of
Ulysses, True, Walsh and Sokoni, LLP.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
CONSIDER NECESSITY FOR DECEMBER 16 MEETING
RESOLUTION 2019-214: CANCELLATION OF RESCHEDULED MEETING
RESOLVED that the Ulysses Town Board cancels the Town Board meeting scheduled for 12/16/2019.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
RESOLUTION 2019-215: RECOGNIZING COUNCILPERSON HERTZLER FOR HIS SERVICE
WHEREAS John Hertzler was elected to the town board in 2013 for a term beginning in 2014, and
WHEREAS Councilperson Hertzler was appointed as liaison to Fire Department, Fair Board,
Sustainability Committee, and Environmental Management Committee, and
WHEREAS Councilperson Hertzler is an actor by trade and has brought a sense of humor to the board
by turning resolutions into monologues, and
WHEREAS the Councilperson Hertzler would grace Town Hall with his song,
NOW THEREFORE BE IT RESOLVED that the Ulysses Town Board thanks John Hertzler for his 6 years of
service on the Ulysses Town Board and wishes him well in his future endeavors.
Moved: Mr. Goldman Seconded: Ms. Zahler
DISCUSSION:
Mr. Hertzler stated that he has always offered opinions in support of the “little guy”. He has learned a
lot during his term and is grateful for the leadership and equanimity of the Town Supervisor and the
rest of the board.
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler abstain
Mr. Boggs aye
Mr. Goldman aye
Vote: 4-0
Date Adopted: 12/10/19
RESOLUTION 2019-216: APPROVAL OF COMMENTS ON THE HEALTH CONSORTIUM’S MUNICIPAL
COOPERATION AGREEMENT
WHEREAS, the Ulysses Town Board is required to review the Health Consortium's Municipal
Cooperation Agreement (MCA) every five years and provide feedback to the Consortium before
December 31, 2019 and
WHEREAS, the Town's representatives to the Consortium have reviewed the current MCA and have
made recommendations for changes and comments on operation of the Consortium,
NOW THEREFORE BE IT
RESOLVED, that the Ulysses Town Board approve the attached/amended recommended changes and
comments and forward those to the Executive Director of the Health Consortium with a certified
resolution.
Moved: Ms. Zahler Seconded: Mr. Goldman
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
BANK AGREEMENT
RESOLUTION 2019-217: AUTHORIZATION TO SIGN BANK AGREEMENT
WHEREAS, Town Counsel has negotiated, edited and finalized an updated bank agreement with
Tompkins Trust Company, to cover both deposits in general and also investments.
RESOLVED, that the Ulysses Town Board authorizes the Town Supervisor to sign the updated bank
agreement.
Moved: Ms. Thomas Seconded: Ms. Zahler
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
PRIVILEGE OF THE FLOOR:
Ms. Liddle said that she was happy to have been here for the completion of the zoning law. This project is
what motivated her to come to meetings and get more involved in the town.
Ms. Marino thanked the board for approving the hazardous material survey for the HVAC update.
She also thanked Mr. Zepko for his work on the zoning law and congratulated the town board and encouraged
them to keep the guiding documents in mind.
MONTHLY BUSINESS:
APPROVAL OF MINUTES
RESOLUTION 2019-218: APPROVAL OF MINUTES
RESOLVED that the Ulysses Town Board approves the minutes from the public hearing on 11/18/19,
the Special Town Board meeting on 11/25, and the Regular Town Board meeting on 11/26.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
APPROVAL OF BUDGET MODIFICATIONS
RESOLUTION 2019-219: APPROVAL OF BUDGET MODIFICATIONS
RESOLVED that the Ulysses Town Board approves the budget modifications as presented at the Town
Board meeting on 12/10/2019.
A FUND BUDGET MODIFICATIONS
A1220.4 Supervisor CE INCREASE $2,259.34
Increased appropriations due to onboarding of and training expenses for new Bookkeeper as
well as purchase of new computer for Michelle.
A1450.4 Elections CE DECREASE $2,259.34
No planned expenses out of this line for the 2019 financial year.
A7110.4 PARKS - CONTRACTUAL INCREASE $861.96
Increased expenditures due to Jacksonville Park project related expenses.
A915 / A236.21 Assigned Fund / Informal Reserves
(Recreation/Parks)
DECREASE $861.96
Planned use of this reserve per discussion during 2020 budget creation season.
SW1 BUDGET MODIFICATIONS
Create SW1-1420.4 Attorney CE INCREASE $260.00
Ongoing expenses due to CARS related project and contract with ToU.
SW1-915 Fund Balance DECREASE $260.00
Fund balance at the beginning of 2019 was 1,033.30.
Moved: Ms. Thomas Seconded: Mr. Boggs
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
RESOLUTION 2019-220: APPROVAL OF THE CLAIMS
RESOLVED that the Ulysses Town Board has reviewed claims #539 through 607 in the amount of
$333,007.07 and also voucher #8 for $2028.
Moved: Ms. Thomas Seconded: Mr. Goldman
Ms. Thomas aye
Ms. Zahler aye
Mr. Hertzler aye
Mr. Boggs aye
Mr. Goldman aye
Vote: 5-0
Date Adopted: 12/10/19
EXECUTIVE SESSION:
Mr. Goldman made a motion to go into Executive Session at 9:10pm to discuss the promotion of a particular
person. This was seconded by Ms. Zahler and passed unanimously.
Mr. Goldman made a motion to end Executive Session at 9:51pm. This was seconded by Mr. Hertzler
ADJOURN:
Ms. Zahler moved to adjourn the meeting at 9:51pm. This was seconded by Mr. Boggs and passed
unanimously.
APPENDIX I:
TOWN REPORTS:
HIGHWAY SUPERINTENDENT- Submitted by Mr. Stewart
• Chris Stevenson has been the Water Operator for our water district for 4 years and has done so
without any backup. Recently, Chris has trained Scott Stewart to be the backup. We are happy to
report that Scott Stewart and Chris Stevenson attended Water School the week of Oct 11th. Scott is
now a certified Class C and D water operator. While Chris who already had a Class D, Has been certified
for Class C.
• I submitted the CHIPS and EWR reimbursement. We will receive reimbursement in December The total
amount is roughly $104,000.00
• Truck 10 and Truck 53- Each truck had some repair work done and both trucks passed NYS inspections
• We all Attended Training at the town Hall on Oct 24th. This training covered Sexual Harassment,
Workplace Violence, Hazard Communications / Right to know Recognizing Unsafe Conditions
• Met with Becky Sims from the Health Dept at the Jacksonville Park. Dug Holes with our Backhoe for
perk tests. The JCA is looking to possibly put a sewer at this site.
• Met with Dave Allen and assisted with removal of Brush and Wire in front of the fairgrounds.
• 3 Snow events where we had to Salt and Plow
• Water Main Break on Colegrove Road
Mr. Stewart further added that:
• The new employee is working out really well
• The highway crew did great work during the storms. He thanked them.
CODE REPORT- Submitted by Mr. Myers
Building Permits issued 7
Plan Reviews 3
Certificate of Occupancy issued 0
Certificate of Compliance issued 13
Complaints Received 0
Complaints Resolved 0
Inspections (Footers, Foundations, Plumbing, Insulation, roofing, Pools, Etc.) 43
New Site Inspections 5
Building Review Consultations (pre-plan meetings, Future Building/Remodeling) 7
Fire Safety Inspections Not in yet
Code Training Seminars 0
County Assessment, Town, DOS Reports 3
Open property in violation cases 5
Property violations resolved 0
Value of Permits issued: $390,374
Building Permit fees collected for month: $1,459
Permit renewal fees collected: $154
In November I issued 7 Building Permits. The total value for new Permits issued is $390,374.
Total fees collected for these permits is $1,459
13 Certificates of Compliance and 0 Certificates of Occupancy were issued in November. There are 77 open
Building Permits. I have started keeping track of Permit renewal fees. In November I collected $154 for Permit
renewals
Building activity slowed down during the summer months. It is now back on pace. In November, I issued one
new house Permit and have reviewed plans for 3 more.
I continue to find projects that have been started without the contractor/property owner having applied for a
Building Permit. It seems to average 3 or 4 a month. In November there were 3. It has been helpful to have the
penalty fee added into the fee structure. At this point, there have not been any second offenders.
I have been reviewing record keeping software with John Zepko and Michelle Wright. I am optimistic that once
something is purchased and customized, I will be able to spend more time pursuing properties on my Derelict
Properties spreadsheet.
PLANNING/ZONING OFFICER-Submitted by Mr. Zepko:
Planning Board
• No November Meeting
Board of Zoning Appeals
• Staffed 20 Nov 2019 meeting
Zoning Update
• 18 Nov 2019 Attended Town Board Meeting
• 25 Nov 2019 Attended Town Board Meeting
• 26 Nov 2019 Attended Town Board Meeting
Planner Activity
• Responded to approximately 15 phone requests for information
• Five meetings to discuss future building/zoning projects or zoning
• Reviewed 7 building permit applications for zoning compliance
• 26 Nov 2019 Attended a demonstration for municipal permitting software – BAS Integrated Parcel
System
Zoning Enforcement
• Resolved – one violation of more than two unregistered vehicles on a property
BOOKKEEPER- Submitted by Ms. Cassetti
September 2019
Training for my new position began in mid-September with a series of webinars via the NYS Comptroller’s
website. The webinars were centered on governmental accounting as well as procedure guidelines for
accounting in this setting.
October 2019
Completed Training Items:
• Williamson Software training
• Payroll Reporting: PR 22
• Payroll Reconciliation and Posting PR #19-22
• Pre-payment vouchers and approval process
• Manual check (TA Account) process and tracking
• Month End Closing Process
• Completion of September Month End
• Retirement/Union/Health Insurance management & payments
• Completed the NYS Governmental Advanced Accounting Class. Certificate of Completion issued and
filed with Clerk’s office
• Online Banking Direct Deposit training completed and access established
• Email and access to server accounting program etc. established
• Introduction to a variety of Excel documents designed to provide funding allocations for PR and a
variety of voucher payments
• Introduction to Voucher prep
• Banks transfers and deposits made and recorded accordingly
November 2019
Normal Duties
• Performed and completed month end closings for September and October 2019
• September and October financials emailed to Board et. al.
• Payroll Reporting PR 23 & 24
• PRP Reconciliation and Posting PR 23 &24
• Audited the Abstracts for board meeting (Michelle was lead on this)
• Attended first board meeting
• Bank Deposits and transfers
• Begin entering November month end data into Williamson
• Pre-payments processing and distribution
• Year End Prep meeting with Michelle and Sarah
• Employee onboarding process meeting with Michelle and Carissa
Training Items
• Filed October NYSLRS report online
• Retiree insurance reimbursement management
• Completed the NYS Governmental Beginning Accounting Class. Certificate of Completion issued and
filed with Clerk’s office
• Completed Sexual Harassment training online. Certificate of Completion issued and given to the Clerk’s
office
• Budget Modification process with Michelle
Ongoing Projects and Goals
November 2019 to Present
• Board Financial Dashboard
• Departmental Dashboard
• Budget vs. Actual Quick Glance by Fund
• Streamline Payroll Recon Report
• Streamline Month End Process
• Reconfigure paper files
• Begin Prepping for Fiscal Year End
TOWN CLERK: Submitted by Ms. Parlato
LICENSES/PERMITS issued: #
Sporting licenses 49
Disabled parking permits 6
Dog licenses and renewals 72
Marriage licenses 0
Plumbing permits 1
Address assignments 0
Notarizations 6
FOIL requests-received 0
FOIL requests-completed 0
ROUTINE TASKS:
• Notarizations, ordered supplies, answered inquiries on various topics, attended Town Board
meetings and took minutes, kept website current, sent listserv messages to residents
(~2/month), mailed and posted dog licenses; issued tickets as needed, scheduling of various
meetings, assisted other departments when possible, health/dental insurance updates for
staff as needed, vouchering: collecting bills, getting approvals, sorting out billing issues,
entering into system
ADDITIONAL ACTIVITIES FOR THIS MONTH:
• Tracked Jacksonville restroom grant expenses
• Continued entering data for asset management
• Facilitated building of hand rail for Town Hall front entrance
• Facilitated security, stenographer, sound system, and location for public hearing
• Started clean-up of upstairs in anticipation of new staff in 2020
• Assist in search for new Recreation Director position
TAX COLLECTION:
• Continued to reconcile tax account to $19.38 due to outstanding rebate checks from the
February Gov. Exec. Order that own opted into to issue refunds on penalties due to winter
storm.
WATER DISTRICT TASKS:
• Coordinated quarterly water billing
• Informed customers of water main break, tracked expenses
• Updated water spreadsheets with usage and test results
• Create quarterly report for health department
COMMITTEES/ASSOCIATIONS:
• Attended Health Consortium Benefits Clerk training and Joint Committee meeting on 11/7
• Worked with town sub-committee on reviewing consortium agreement
SUPERVISOR- Submitted by Ms. Thomas
• Budget related: make sure all finalizing is complete. Double check budget numbers for assessment
• Zoning details (take forever)
• Water quality work for county and watershed
• Finalize contracts EFC (aerator) and Barton and Loguidice (bridge) - Michelle does most of the
legwork on these.
• Advise on heat pump grant project (mostly others doing the work)
• WD1-Working on recreating contract with CARS with Khandi
• TCCOG priorities - organize.
• WD3 - Submit 4th quarter progress report to County Health Department
• LED Streetlights - supply more documentation.
• Trails - contribute to Tompkins County Parks and Trails Network work.
ASSISTANT TO SUPERVISOR- Submitted by Michelle E. Wright
Work done between: 11/9/2019 – 12/5/2019
Active Grant Updates
FINANCIAL REPORT:
$2560.00 TOTAL Collected for fees & licenses
$1289.21 stays in the town
$1270.79 goes to the state
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• NYSERDA Heat Pump Grant
o Continued work on bid documents
o Collaboration with Taitem re: verbiage, bid process, hazardous material survey for
Town Hall
o Hazardous material study: Between the time of this report going to the Board, and the
12/10/19 meeting, there should be more information available about this process.
o Research on State Contract Reporter
• Cemetery Road Bridge over Trumansburg Creek (NYSDOT funded with FHWA money, Barton &
Loguidice Engineers)
o Internal Activities: tracking down fully executed agreement with NYSDOT, request to
B&L to allow us to pay current invoice in 2020 so as to wait until we transfer the
interfund loan approved by the Town Board (res # 2019-160) from DA fund balance to
HB capital fund.
o Engineer Update: “We are continuing the design report drawings and concurrently
preparing the draft design report. Schedule-wise, we’ll send you those preliminary
drawings for your review next week, discuss/call/etc. those drawings either next week
or whenever you’re ready to, and then from any comments or revisions that may come
from our discussion revise the draft design report accordingly. Depending on how
things go from a review/comment/revision perspective we’re looking at a draft design
report being ready at the end of this month or early into January.” –Ben Werner, B&L
o Original Project Timeline:
September 2018 Project Awarded Bridge NY Funding Complete
October 2018 Project Added to STIP/TIP Complete
January 2019 State-Local Agreement Executed Complete
January 2019 Design Consultant Contract Executed Complete
May 2019 Public Meeting *will ask Ben about this*
October 2019 Design Approval In progress
January 2020 Obtain Necessary Permits
March 2020 ROW Acquisition Completed
March 2020 PS&E Approved by County & State
May 2020 Bid Construction
May 2020 Public Pre-Construction Meeting
June 2020 Begin Construction
November 2020 Complete Construction
• WD #3 WIIA Grant (EFC funded, MRB Engineers)
o Internal Activities: meeting at Bolton Point on 11/21
o Engineer Update: “Project updates are minor at this stage as we continue to evaluate
the two (2) manufacturers systems…Bill and several from the Town met at Bolton
Point to discuss coordination of alarms for Chris as well as a PLC control panel at the
Woolf Lane Booster Pump Station. A chlorine analyzer was discussed to be bid as an
‘Alternate’ to the project at the Van Dorn Tank site to help monitor chlorine residual.
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MRB is working with and evaluating two (2) different manufacturers systems for TTHM
Removal Systems.
PAX is repped by Roger Lindor and a system by Medora which was used for basis of the
Engineering Reports and it is the system that was installed at the Ithaca’s
‘Trumansburg’ tank near Cayuga Medical Center.” –Matt McKenna, MRB
o Original Project Timeline (a request is out to MRB for an updated timeline):
8/13/19 Begin Design In progress
10/27/19 Advertise to Town
11/1/19 Plans and Specs Available for Bidders
11/15/19 Pre-bid Meeting
11/26/19 Bid Opening
12/3/19 Provide Bid Tabulation & Summary of Bids to Town
12/10/19 Board Meeting to Award Contracts
1/7/20 Start of Construction
5/1/20 Substantial Completion of Construction (90 days)
6/1/20 Final Completion of Construction (30 days)
Other Work
Bank Agreement & 12-Month CD Investment of Select Reserves
• Work with bank and Khandi on updated agreement
• Investment calculations
• Resolution drafting
General Liability Insurance Renewal
• Renewal application communications with insurance reps
• Liability coverage review
• Work with Highway Superintendent on updated inventory
Village Comp Plan Meeting Attendance
Date: 11/21/2019
The Village is asking folks to fill out a survey:
https://www.surveymonkey.com/r/tburgcompplansurvey
Link to video of the 11/21 Comp Plan meeting here:
https://www.youtube.com/watch?v=A_pbOZXFYwk
• Check out the only question at the end of the presentation on about minute 35:00 for a
question from an audience member regarding how the Town of Ulysses plays into the Comp
Plan process.
Capital Asset GAAP Compliance & Multi-year Financial Planning
• Continued work with internal data management and collection
• Meeting and communications regarding online database development: scope of work
development
• Procurement policy adherence for acquisition of services
Budget Work
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• Assistance with last steps of processes: submission of NYS OSC tax cap form and assistance
with communications with Tompkins County regarding information on printed tax bills.
Bookkeeper Transition Activities
• Account set up activities for new Bookkeeper
• Voucher payments and other activities while GC was at training
• Continued training regarding: payroll, general vouchering, new employee onboarding, use of
reserves and how it plays into the accounting system and the budgeting process, annual
budget modeling process, monthly reporting, employee benefit vouchering and fund
distribution, etc.
Miscellaneous
• Town Board Meeting: assistance with resolution drafting.
• Facilities: With Clerk and Youth Services Coordinator, clean up of upstairs space in anticipation for
multiple work stations.
• Zoning public hearing: assistance with setting up meeting room at Fire House.
• Meeting attendance for ITCTC on 11/19/19.
• Communications with Planning, Zoning, and Code office regarding software acquisition and
quantitative comparison between products.
Report on Training and Conferences Attended this Month
1) What: Tier 3
Where: Enfield Fire Hall
When: 11/20/19
Action Items: contact with Safety Committee to request this as an agenda item at their next
meeting.
Working on getting some hard copy documents that are particularly pertinent to Town Board
members.
[see documents at the end of this report for information most relevant to Town Board
members]
2) What: Syracuse University EFC State & Federal Funding Resources for Municipal Infrastructure
Where: Webinar: https://efcnetwork.org/events/webinar-water-financing-strategies-for-new-
york-state-communities/
When: 11/26/19
Items of note: As a Climate Smart Community, the Town of Ulysses has access to funding for
resiliency plan development; AI’s include: building project priorities into long term financial
planning
Upcoming
• Asset database development
• End of year and beginning of year activities
• Long term financial planning organization and scope
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MS. ZAHLER submitted the following:
Village of Trumansburg
• Interviews for a new emergency services coordinator are scheduled.
• The village adopted a Cold War Veterans’ tax exemption as well as a Housing Trust exemption
for property taxes.
• The Village has introduced a Tree Law to protect trees in the public right of way by providing
guidelines for planting, maintenance and removal. Information has been sent to TB members.
• The Village is finalizing its 2019 Summer Program expenses and a joint meeting is being
scheduled to reconcile actual expenses with the projected budget. There is a ~$10,000
shortfall, due in part to increased costs of busing campers to other state parks when the
Harmful Algal Blooms prevented swimming at Taughannock. The updated Memo of
Understanding with the Village calls for the Town and Village to share the cost of the agreed
upon deficit. An update will be provided after the reconciliation meeting.
• The Village is interviewing new candidates for its EMS coordinator position on Wednesday Dec
11th and I will represent the Town on the joint committee of municipalities served by the
ambulance service.
• The Village Policing agreement that allows the Village to respond to calls within the Town
when asked to do so by the County Sheriff’s or State Police remains in force for 2020.
• The Snow removal agreement remains in place for 2020 to keep the Town’s sidewalk along Rt
96 to the ShurSave cleared during the winter.
• Fire Service report attached.
Habitat Nature Preserve on Salo Dr
• No Hunting signs were posted along with Trail Head sign and guidelines and safety markers.
• The No Parking sign will be installed by a combination of Town Highway and Village DPW and
together they will be sure to keep the new parking area clear of deep snow to allow year
round access for hikers and skiiers.
Jacksonville
• Community Association Park Restroom Project
o The above ground structure is complete and awaiting a final determination about its
location and waste system. The Highway Department did soil excavation which
enabled the County Health Department to site and design a septic system if they
choose to move in that direction but they are also considering a lower-maintenance
approach. Decisions will be made in the Spring.
o With help from Sarah Koski and Michelle we documented spending and available
balance from the 2019 County grant.
o Since the County Planning Department allowed the Town to use the unspent balance
of our $5000 grant to install a waterline to the Park, the Highway Department
purchased materials and excavated a trench to lay the water line from the entry on
Swamp College up the western side of the parking lot to a terminus near the Pavilion.
Kudos to Highway for getting it done right after the big snow storm! The actual water
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hook up will occur in the Spring and remaining expenses will be covered from the Park
Improvement line item budgeted for 2020.
o The grant expenses and report have been submitted to request the full $5000 in
reimbursement from the County. (See separate report attached)
• Inquiry about Town owned parcel in Jacksonville along Rt 96. The Town has received an
inquiry from a neighbor about purchasing the Town property. I will be briefing Town Board
members and seeking guidance on next steps related to community planning in Jacksonville
• Received two inquiries about the status of the Old Church and will be following up with the
owner.
Recreation Director Position
• After 2020 Town Budget was adopted worked with Clerk and County Human Resources to
post part-time year round position with a deadline of December 6th, with an option to re-post
if needed.
• 10 applications have been approved by the County.
• Met with Youth Commission to review process and seek input on selection criteria and
interview questions.
• Search Committee notified and getting scheduled to prepare for interviews.
• Thanks to Michelle and Clerk for working with Ethan at Youth Svs to make space for new
director.
Health Consortium
• Worked with Rich and Carissa to complete the required review of the current Municipal
Cooperative Agreement to prepare for a new 5 year update. See 12-10-19 agenda for details
on recommended changes and other non-MCA recommendations.
Zoning
• Reviewed zoning and feedback to prepare for next steps.
November Fire Report Received 12/9/19
MR. BOGGS shared the following:
He attended the fire department meeting. They are upgrading their laundry equipment for safety
purposes. This will be paid for by donations rather than village funds. They are working on their
letters to Santa program.
Respectfully Submitted by Carissa Parlato,
1/7/2020
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TOWN OF ULYSSES
ZONING LAW
Adopted 12/10/19
2
Table of Contents
Chapter 212 Zoning .................................................................................................................................................................................................. 3
Article I Purpose ............................................................................................................................................................................................ 3
Article II Application ...................................................................................................................................................................................... 3
Article III Administration ............................................................................................................................................................................... 7
Article IV Terminology ................................................................................................................................................................................. 17
Article V AR — Agricultural/Rural Zone ...................................................................................................................................................... 31
Article VI A2 — Special Agricultural Zone ................................................................................................................................................... 33
Article VII R —Residential Zone................................................................................................................................................................... 34
Article VIII LS — Lakeshore Zone ................................................................................................................................................................. 36
Article IX CZ — Conservation Zone .............................................................................................................................................................. 40
Article X RM — Multiple-Residence Zone ................................................................................................................................................... 44
Article XI MHP — Manufactured Home Park Zone ..................................................................................................................................... 45
Article XII HC — Hamlet Center Zone .......................................................................................................................................................... 46
Article XIII HN—Hamlet Neighborhood Zone .............................................................................................................................................. 49
Article XIV WH — Waterburg Hamlet Zone ................................................................................................................................................ 50
Article XV B1 — Business Zone .................................................................................................................................................................... 51
Article XVI MZ — Marina Zone .................................................................................................................................................................... 53
Article XVII OTMU — Office/Technology Mixed Use Zone ......................................................................................................................... 57
Article XVIII PR —Park/Recreation Zone ..................................................................................................................................................... 58
Article XIX Development Districts ............................................................................................................................................................... 59
Article XX Design Standards ........................................................................................................................................................................ 69
Article XXI Land Subdivision Regulations .................................................................................................................................................... 97
Article XXII Communication Transmission Towers and Telecommunications Facilities ........................................................................... 120
Article XXIII Nonconformance ................................................................................................................................................................... 125
Article XXIV General Provisions ................................................................................................................................................................. 126
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Chapter 212
Zoning
Article I
Purpose
§ 212-1 Declaration of policy.
A. This law was enacted to promote the health, safety, morals and general welfare of
the community; to lessen congestion in the streets; to secure safety from fire,
panic and other dangers; to provide adequate light and air; to prevent overuse of
land; to avoid undue concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, schools, parks and other public
requirements, under and pursuant to Chapter 62, Articles 9 and 16, of the
Consolidated Laws of New York State. This law also seeks to regulate and restrict
the form, height, area and size of buildings and other structures, the percentage of
lots that may be occupied, the size of yards, the density of population, and the use
of buildings, structures and land for trade, industry, residence or other purposes.
B. Further, these restrictions and regulations are provided in order to preserve, foster
and enhance the native beauty and rural character of one of the most picturesque
and charming communities in the Finger Lakes region of New York State. Ulysses is
a community well-known for its fine vistas of farmland, hills and Cayuga Lake. As it
presently contains more historic homes within its borders than any other township
in the County, this chapter shall provide appropriate controls over the use of
buildings, structures and land.
Article II
Application
§ 212-2 Conformance.
A. It shall be unlawful to use or permit the use of any building or part thereof
hereafter erected, changed or extended in whole or in part, or altered beyond
what is generally accepted as normal maintenance, in a manner which shall not
conform in all respects to the requirements of this chapter.
B. Any use not specifically set forth as a permitted use in any zone shall be expressly
prohibited in that zone. A use specifically set forth as a permitted use in one zone
shall not be permitted in another zone unless it is specifically set forth as a
permitted use in said zone.
C. The above notwithstanding, any lot that is deemed conforming to the lot size
requirements of the prior Town of Ulysses Zoning Law, or was created prior to any
local zoning ordinance or law but now is deemed nonconforming, shall not require
the approval of an area variance by the Board of Zoning Appeals should said lot
meet all setback, front and rear yard requirements of this law.
§ 212-3 Space and construction.
Except as hereinafter provided, no building or part thereof shall be erected, altered or
relocated unless done so in conformance with the regulations on space and construction
specified herein for the zone in which it is located, and with any relevant supplementary
regulations. No portion of a yard or other open space within a lot that is required for the
purpose of complying with lot coverage or setback requirements of this chapter shall be
included as a portion of a yard or other open space similarly required for another lot.
§ 212-4 Enforcement; penalties for offenses.
A. Zoning Officer. This chapter shall be enforced by the Zoning Officer who shall be
appointed by the Town Board. The Zoning Officer shall in no case, except under
written order by the Board of Zoning Appeals, grant any statement of compliance
for any building or land use in violation of any provisions of this chapter.
B. Violation pursuant to Town Law § 268. Any person, firm, corporation or other
entity (hereinafter referred to as any "person") violating any provision of this
chapter shall be deemed guilty of an offense pursuant to Town Law § 268 and,
upon conviction thereof, shall be subject to a fine or to imprisonment or both for
each and every violation, as provided for in Town Law § 268. For the purpose of
this chapter, each week that a violation continues shall constitute a separate and
distinct offense.
C. Compliance order.
(1) The Zoning Officer is authorized to order, in writing, the remedying of any
condition or activity found to exist in, on, or about any building, structure, or
premises in violation of this chapter. Upon finding that any such condition or
activity exists, the Zoning Officer shall issue a compliance order.
(2) The compliance order shall:
(a) Be in writing;
(b) Be dated and signed by the Zoning Officer;
(c) Specify the condition or activity that violates this chapter;
(d) Specify the provision or provisions of this chapter which is/are violated by
the specified condition or activity;
(e) Specify the period of time which the Zoning Officer deems to be reasonably
necessary for achieving compliance;
4
(f) Direct that compliance be achieved within the specified period of time; and
(g) Sate that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
(3) The Zoning Officer shall cause the compliance order, or a copy thereof, to be
served on the owner of the affected property personally or by regular mail.
D. Appearance tickets. The Zoning Officer is authorized to issue appearance tickets for
any violation of this chapter.
E. Civil penalties. In addition to those penalties prescribed by state law, any person who
violates any provision of this chapter shall be liable for a civil penalty in an amount
determined by resolution of the Town Board for each day or part thereof during which
such violation continues. The civil penalties provided by this subsection shall be
recoverable in an action instituted in the name of this Town.
F. Injunctive relief. An action or proceeding may be instituted in the name of this Town,
in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any
violation of, or to enforce, any provision of this chapter. In particular, but not by way
of limitation, where the construction or use of a building or structure is in violation of
any provision of this chapter, an action or proceeding may be commenced in the name
of this Town, in the Supreme Court or in any other court having the requisite
jurisdiction, to obtain an order preventing the erection, construction, alteration of use
of any building or land, or directing the removal of the building or structure, or
directing an abatement of the condition in violation of this chapter. No action or
proceeding described in this subsection shall be commenced without the appropriate
authorization from the Town Supervisor of this Town.
G. Remediation by Town. In the event that a property owner fails to comply with the
compliance order of the Zoning Officer to remedy violations of this chapter, the Town
shall have the following remedies in addition to all remedies set forth in state, local or
other applicable law:
(1) If the property owner fails to remedy the condition(s) constituting the violation
within the period stated in the compliance order, the Zoning Officer may
present a compliance and remediation plan ("the plan") to the Town Board.
The plan shall detail how the Town may cause the condition(s) to be corrected
through reasonable measures and shall include an estimate of the direct cost
of such measures, plus legal costs and administrative costs of the Town for
administering, supervising and handling such work in accordance with the
provisions of this chapter.
(2) If the Town Board adopts the plan, notice of the Town's intent to remedy the
violation will be provided to the property owner by personal service pursuant
to the New York Civil Practice Law and Rules. The notice shall include the
following:
(a) A copy of the proposed plan;
(b) That the Town intends to remedy the conditions constituting the violation;
(c) That the property owner will be billed for the cost of implementing the
plan, in the amount set forth in the plan, and, that upon the property
owner's failure to do so, the cost will be added to the property tax bill for
the property;
(d) That he or she has 30 days from the date of service of the notice to request
a public hearing before the Town on the plan and the estimated cost
thereof, or remedy the condition.
(3) If the property owner requests a public hearing in writing, the Town will
conduct such hearing and shall publish notice of such hearing and provide a
copy of the notice to the property owner by regular and certified mail at least
10 days before the hearing.
(4) After such public hearing, the Town board shall determine whether to modify
the plan and/or the cost of measures to remedy the violation.
(5) If after the public hearing, or if no public hearing is requested, the Town causes
the violation to be remedied in accordance with the plan, the property owner
shall receive a bill for the cost of the remediation as set forth in the plan, with
a notice that if the cost remains unpaid after 30 days, the Town will take the
necessary steps to have the cost added to the property owner's next property
tax bill. The bill shall be mailed to the property owner by regular and certified
mail.
(6) If the sum stated in the bill is not paid within 30 days after mailing thereof to
the property owner, the Town will file a certificate with the Tompkins County
Department of Assessment stating the cost of abatement and administrative
and legal costs to the Town, as detailed in the bill, together with a statement
identifying the property and landowner. The Tompkins County Department of
Assessment shall in the preparation of the next assessment roll assess such
unpaid costs upon such property. Such amount shall be included as a special ad
valorem levy (administered as a move tax) against such property, shall
constitute a lien, and shall be collected and enforced in the same manner, by
the same proceedings, at the same time, and under the same penalties as are
provided by law for collection and enforcement of real property taxes in the
Town of Ulysses. The assessment of such costs shall be effective even if the
property would otherwise be exempt from real estate taxation.
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H. Collection of unpaid fines and penalties. In the event that a property owner fails to
pay fines imposed by Town Court or any other court with jurisdiction over the matter
for violation of the provisions of this chapter and/or the Town Law, and/or any civil
penalties imposed pursuant to this chapter, and such fines and penalties remain
unpaid 30 days after they were levied, the Town may file a certificate with the
Tompkins County Department of Assessment stating the amount of the unpaid fine or
penalty, together with a statement identifying the property and landowner. The
Tompkins County Department of Assessment shall in the preparation of the next
assessment roll assess such unpaid costs upon such property. Such amount shall be
included as a special ad valorem levy (administered as a move tax) against such
property, shall constitute a lien, and shall be collected and enforced in the same
manner, by the same proceedings, at the same time, and under the same penalties as
are provided by law for collection and enforcement of real property taxes in the Town
of Ulysses. The assessment of such costs shall be effective even if the property would
otherwise be exempt from real estate taxation.
I. Remedies not exclusive. No remedy or penalty specified in this chapter shall be the
exclusive remedy or penalty available to address any violation of this chapter, and
each remedy or penalty shall be in addition to, and not in substitution for or limitation
of, the other remedies or penalties specified in this chapter, or in any other applicable
law. Any remedy or penalty specified in this chapter may be pursued at any time,
whether prior to, simultaneously with, or after the pursuit of any other remedy or
penalty specified in this chapter or in any other applicable law.
§ 212-5 Building permits.
A. The issuance of building permits shall be the responsibility of the Code Enforcement
Officer who shall be appointed by the Town Board.
B. A building permit application shall be made to the Code Enforcement Officer before
any nonagricultural building or other structure, including, but not limited to, signs,
swimming pools (except portable children's wading pools), aboveground or below-
ground tanks, power and pump stations, radio or telecommunications towers, and
canopies and pavilions, is begun, erected, constructed, enlarged, improved,
renovated, repaired or altered.
C. No building in any zone shall be changed, altered or extended if such change,
alteration or extension shall affect the dimensions of the building or the number of
dwelling units in said building, without a building permit issued by the Code
Enforcement Officer.
D. The Code Enforcement Officer shall in no case, except under written order by the
Board of Zoning Appeals, grant any building permit for any building or land use in
violation of any provisions of this chapter.
E. No sign shall be erected in excess of 12 square feet without a building permit.
F. No building permit shall be required for any residential accessory building 120 square
feet or less in gross floor area and not exceeding 15 feet in height, provided that it
meets the area requirements of the zone.
G. Every application for a building permit shall state the intended use of the building and
shall be accompanied by a satisfactory plot plan, drawn to scale with dimensions
shown, that indicates the size and shape of the lot, any existing and proposed
buildings, and all required yard areas and setback required herein.
H. Unless there has been substantial progress made in the work for which a building
permit has been issued, said building permit shall expire one year from the date of
issue. In no case shall a building permit be valid for more than two years from the date
of issue.
§ 212-6 Fees for permits.
Fees for applications for site plan approval, special permit approval, request for variances
from the requirements of this chapter, and consideration of request for changes in zoning
designation and building permits shall be established by the Town Board and may be adjusted
from time to time at the discretion of the Board. In addition to any fees set by the Town
Board, applicants shall be responsible for bearing the cost of any advertising and reasonable
consultant costs.
§ 212-7 Building Code conformance.
All zoning regulations stated herein shall be in accord with requirements established by the
New York State Uniform Building Code or its successors. Where the requirements of this
chapter and the New York State Uniform Building Code differ, the stricter of the two shall
govern. Requirements for building codes and maintenance presented in the New York State
Uniform Building Code but not contained in this chapter are considered to be part of the
zoning requirements for the Town of Ulysses.
§ 212-8 Approval of Tompkins County Health Department.
No permit for any structure shall be granted until the Tompkins County Health Department
requirements with respect to proposed methods of sewerage or other waste disposal have
been met.
§ 212-9 Certificate of compliance or occupancy.
No building or structure or part thereof hereafter erected, altered or extended shall be used
or changed in its use until a certificate of compliance or occupancy has been issued, signifying
that such building or structure, or use change, complies with the provisions of this chapter
and applicable building codes, except in the case of continued occupancy during the building
permit period.
§ 212-10 Establishment of zones.
A. For the purpose of this chapter the Town of Ulysses is hereby divided into the
following zones:
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A/R—Agricultural/Rural Zone
A2—Special Agricultural Zone
R— Residential Zone
LS—Lakeshore Zone
CZ—Conservation Zone
RM—Multiple-Residence Zone
MHP—Manufactured Home Park
HC—Hamlet Center Zone
HN—Hamlet Neighborhood Zone
B1—Business Zone
MZ—Marina Zone
OTMU – Office Technology Mixed Use Zone
PR—Park/Recreation Zone
DD--Development District
WH – Waterburg Hamlet
B. The boundaries of these zones are shown on the map entitled "Zoning Map, Town of
Ulysses, Tompkins County, New York," as adopted by the Town Board and amended
from time to time. Said map and all notations on it or amendments to it are
incorporated by reference into this chapter and made part of it.
§ 212-11 Zone boundaries.
Where uncertainty exists with respect to the exact boundaries of a zone shown on the Zoning
Map, the following rules shall apply:
A. Where the Zoning Map indicates a zone boundary approximately on a lot line, such lot
line shall be construed to be the zone boundary.
B. Distances shown on the Zoning Map are perpendicular or radial distances from the
road or highway right-of-way line measured back to the zone boundary line.
C. In all cases where a distance is given between the road or highway right-of-way line
and a zone boundary line, said line is parallel to the road or highway right-of-way line
from which the distance is measured.
D. Where a zoning district boundary line follows a stream, or the shoreline of a lake or
other body of water, said boundary line shall be deemed to follow the center line of
the stream or be deemed to be at the limit of the Town of Ulysses, unless otherwise
noted.
E. In all other cases the location of a zoning district boundary line shall be determined by
the Zoning Officer through use of the scale on the Zoning Map.
F. In the case of a split lot, in which a zone boundary line runs through a lot, zone
standards are applied separately to each portion of the lot.
G. In the event that none of the above rules is applicable or if further clarification is
necessary, the location of a zone boundary shall be determined by the Zoning Board of
Appeals.
§ 212-12 Amendments.
The regulations, restrictions and boundaries set forth in this chapter may be amended,
supplemented, changed or repealed by the Town Board pursuant to local law.
§ 212-13 Local laws superseded.
This chapter upon its effective date shall supersede the following local laws and ordinances:
• Town of Ulysses Zoning Ordinance own of Ulysses Trailer Park Ordinance as
adopted in 1968; and
• Town of Ulysses Subdivision Ordinance dated November 18, 1986; and
• Town of Ulysses Tower Ordinance as adopted March 17, 1997; and
• Town of Ulysses Site Plan Review Ordinance as adopted October 6, 1998; and
• Town of Ulysses Zoning Law, as adopted August 30, 2005, and
• Town of Ulysses Zoning Law amended by Local Law No. 4 on November 28, 2007;
and
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• Town of Ulysses Zoning Local Law No. 3 on December 17, 2013 (repealing and re-
enacting zoning law including lakeshore and conservation zones plus non-
conformance); and
• Town of Ulysses Zoning Local Law amended by Local Law No. 2 on June 10, 2014;
and
• Town of Ulysses Zoning Local Law amended by Local Law No. 3 on August 12,
2014; and
• Town of Ulysses Zoning Local Law amended by Local Law No. 2 of 2015 on October
27, 2015 (only the portions of Local Law No. 2 of 2015 regarding zoning regulation
that were not specifically preserved by that Local Law); and
• Town of Ulysses Zoning Local Law amended by Local Law No. 3 on November 24,
2015 (including solar); and
• Town of Ulysses Zoning Local Law amended on February 28, 2017 (including zoning
violation fees); and
• Town of Ulysses Zoning Local Law amended on January 23, 2018 (including
Development District 8-boats and Development District 9-Flo-Tech) and on May
22, 2018.
§ 212-14 Right to inspect.
The Zoning Officer shall have the right upon reasonable notice to inspect any premises,
building or area covered under the provisions of this chapter. No person shall refuse to allow
said officer to fully inspect any and all premises, and no person shall molest or resist the
officer in the discharge of his or her duties. Failure to comply with this section shall be
deemed a violation under this chapter, allowing for civil and penal remedy as set forth herein.
§ 212-15 Reserved
Article III
Administration
§ 212-16 Board of Zoning Appeals.
A. Establishment.
(1) There is hereby established a Board of Zoning Appeals consisting of five
persons who shall function in the manner prescribed by law.
(2) The members of the Board of Zoning Appeals shall be residents of the Town of
Ulysses and shall be appointed by the Town Board to serve staggered terms of
five years. Vacancies occurring in said Board by expiration of term or otherwise
shall be filled in the same manner.
(3) All Board members must comply with Town Law § 267, Subdivision 7-a, as to
noncompliance with minimum requirements relating to attendance and
training as established by the Town Board.
(4) The Town Board shall designate the Chairman of the Board of Zoning Appeals.
The Board of Zoning Appeals shall choose its Vice Chairman, who shall preside
in the absence of the Chairman. In the absence of both the Chairman and the
Vice Chairman, the Board of Zoning Appeals shall choose one of its number as
acting Chairman. Such Chairman, or the party acting in his or her stead during
his or her absence, may administer oaths and compel the attendance of
witnesses.
(5) There may be appointed additionally up to two alternate members of the
Board Zoning of Appeals. Alternate members shall be appointed by resolution
of the Town Board for terms established by the Town Board.
(6) The Chairperson of the Board Zoning of Appeals shall designate an alternate
member to substitute for a regular member in the event that a regular
member is unable or unwilling to vote because of a conflict of interest, recusal,
absence, abstention, or any other reason and an alternate member is present
at the meeting when the designation takes place.
(7) To the extent this provision is inconsistent with Town Law § 267, Subdivision
11, it is intended to supersede such section, in accordance with Municipal
Home Rule Law § 10(1)(ii)d(3). All other rights, responsibilities and procedures
related to alternate members set forth in said § 267 shall apply.
(8) The Board of Zoning Appeals shall appoint a secretary who shall take minutes
of all its meetings and keep its records.
(9) The Board of Zoning Appeals shall adopt from time to time such rules and
regulations as it may deem necessary to carry into effect the provisions of this
chapter, and all its resolutions and orders shall be in accordance therewith.
(10) The Board of Zoning Appeals shall act in accordance with the provisions
hereinafter contained in this section, hold public hearings to determine
appeals from any refusal of a building permit or statement of compliance by
the Zoning Officer, or review any order, decision, interpretation or refusal
thereof of the Zoning Officer, where such order or decision is based upon the
requirements of this chapter. An appeal must be made within the time
prescribed by the rules of the Board of Zoning Appeals. All Board of Zoning
Appeals procedures shall comply with Town Law § 267-a, as amended from
time to time.
(11) All permitted actions by the Board of Zoning Appeals shall comply with Town
Law § 267-a, as amended from time to time.
B. Area variances. The Board of Zoning Appeals may hear an appeal for an area variance
to relieve dimensional or similar requirements. In considering the grant of an area
variance, the Board shall comply with the criteria for the granting of such variances set
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forth in Town Law § 267-b, as amended from time to time.
C. Use variances. The Board of Zoning Appeals may hear an appeal for a use variance to
consider allowing a use not permitted by this chapter. In considering the grant of a use
variance, the Board shall comply with the criteria for the granting of such variances set
forth in Town Law § 267-b, as amended from time to time.
D. Interpretation. The Board of Zoning Appeals may hear and decide appeals from and
review any order, requirement, decision, interpretation or determination made by the
administrative official charged with the enforcement of this chapter in accordance
with Town Law § 267-b, as amended from time to time.
§ 212-17 Planning Board.
A. The Planning Board is hereby charged with carrying out the functions provided for in
§ 274-a of Town Law: to review and approve, approve with modification and
conditions, or disapprove site plans. The Planning Board is charged with carrying out
the functions provided for in § 274-b of Town Law: to grant special permits. The
Planning Board may be charged with additional specific activities by resolution of the
Town Board.
B. The Planning Board may review and provide written comments on all variance
applications to the Board of Zoning Appeals for projects that would be subject to
Planning Board review and approval if the variance is granted. If providing written
comments, the Planning Board shall submit said comments no less than five calendar
days prior to the public hearing for the zoning variance application.
C. There is hereby established a Planning Board consisting of five persons who shall
function in the manner prescribed by law.
D. The members of the Planning Board shall be residents of the Town of Ulysses and shall
be appointed by the Town Board to serve staggered terms of five years. Vacancies
occurring in said Board by expiration of term or otherwise shall be filled in the same
manner.
E. All Board members must comply with Town Law § 271, Subdivision 7-a, as to
noncompliance with minimum requirements relating to attendance and training as
established by the Town Board.
F. The Town Board shall designate the Chairman of the Planning Board. The Planning
Board shall choose its Vice Chairman, who shall preside in the absence of the
Chairman. In the absence of both the Chairman and the Vice Chairman, the Planning
Board shall choose one of its number as acting Chairman. Such Chairman, or the party
acting in his or her stead during his or her absence, may administer oaths and compel
the attendance of witnesses.
G. There may be appointed additionally up to two alternate members of the Planning
Board. Alternate members shall be appointed by resolution of the Town Board for
terms established by the Town Board.
H. The Chairperson of the Planning Board shall designate an alternate member to
substitute for a regular member in the event that a regular member is unable or
unwilling to vote because of a conflict of interest, recusal, absence, abstention, or any
other reason and an alternate member is present at the meeting when the
designation takes place.
I. To the extent this provision is inconsistent with Town Law § 271, Subdivision 15, it is
intended to supersede such section, in accordance with Municipal Home Rule Law
§ 10(1)(ii)d(3). All other rights, responsibilities and procedures related to alternate
members set forth in said § 271 shall apply.
J. The Planning Board shall appoint a secretary, who shall take minutes of all its
meetings and keep its records.
K. The Planning Board shall adopt from time to time such rules and regulations as it may
deem necessary to carry into effect the provisions of this chapter and all its
resolutions and orders shall be in accordance therewith.
§ 212-18 Special permits.
A. Purpose and establishment. The purpose of this section is to set forth regulations,
procedures, and conditions that apply to certain permitted uses that, because of size,
intensity, or other special factors, warrant special evaluation of each individual case.
The Planning Board is hereby charged with carrying out the review and approval
functions provided for in Town Law § 274-b: to grant special permits as set forth in
this chapter.
B. Applicability. The requirements set forth in this section shall apply to all construction,
activities, uses, or developments that are referred to elsewhere in this chapter as
being allowed only upon receipt of a special permit. Before a building permit can be
issued for any of the structures or activities for which a special permit is required, such
a permit shall be obtained in accordance with these and other applicable provisions.
Any change of use of an existing structure to a use that requires a special permit shall
be subject to the requirements of this article.
C. Procedure.
(1) Activities or uses that require a special permit also require site plan review and
approval. Application for a special permit shall be made on a form provided by
the Town, in addition to the site plan review requirements in § 212-19. The
application for special permit shall not be deemed complete until all of the
materials are received by the Zoning Officer and the requirements of SEQR
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have been met.
(2) Upon receipt of a complete application, the Planning Board shall hold a public
hearing in accordance with the provisions of Town Law § 274-b or any similar
or successor applicable statutes and shall render a decision approving,
approving with conditions, or denying the special permit. Such hearing may be
combined with any other hearing relating to the same proposal (e.g., site plan
approval and special permit hearings may be combined).
(3) In making its decision, the Planning Board shall have the power to impose
conditions and restrictions as authorized by Town Law § 274-b or any similar or
successor applicable statutes.
D. Waiver of requirements. The Planning Board may waive one or more of the normal
application requirements when it determines that the particular circumstances do not
require all of the full application materials for adequate consideration of the request
for special permit.
E. Considerations for approval. The Planning Board's determination of an application for
special permit shall include findings consistent with any special criteria set forth in this
chapter relating to the specific use or activity for which approval is being sought, and
shall also include as appropriate, but shall not be limited to, findings that the following
standards have been met:
(1) The health, safety, morals and general welfare of the community in harmony
with the general purpose of this chapter (including the specific purposes
related to the zone in which the premises are located) are being promoted.
(2) The premises are reasonably adapted to the proposed use, and such use will fill
a neighborhood or community need, except that all publicly owned or
educational buildings are deemed to be adapted to the proposed use and are
deemed to fill a neighborhood or community need.
(3) The proposed use and the location and design of any structure will be
consistent with the character of the zone in which it is located.
(4) The proposed use will not be detrimental to the general amenity or
neighborhood character in amounts sufficient to devalue neighboring property
or seriously inconvenience neighboring inhabitants.
(5) Operations in connection with the proposed use will not be more unreasonably
objectionable to nearby properties by reason of noise, fumes, vibrations,
illumination, or other potential nuisance, than the operation of any permitted
use in the particular zone, except that as to all public buildings, churches, and
educational institutions the determination shall be whether the presumed
benefit of such a use is outweighed by the objectionable impacts of such use
on nearby properties.
(6) Community infrastructure and services, including, but not limited to, protective
services, roadways, garbage collection, schools, and water and sewer facilities
are currently, or will be, of adequate capacity to accommodate the proposed
use.
(7) The proposed use, building design, and site layout comply with all the
provisions of this chapter and, to the extent considered by the Planning Board,
with other regulations and ordinances of the Town, with the Building Code and
all other state and federal laws, rules and regulations, and with the Town's
Comprehensive Plan.
(8) The proposed access and egress for all structures and uses are safely designed
and the site layout provides adequate access for emergency vehicles.
(9) The general effect of the proposed use upon the community as a whole,
including such items as traffic load upon public streets and load upon water
and sewerage systems, is not detrimental to the health, safety and general
welfare of the community, except that as to all public, religious and
educational uses, the determination shall be whether the presumed benefit of
such a use is outweighed by the detrimental effect of the proposed use upon
the health, safety, and general welfare of the community.
(10) The lot area, access, parking, and loading facilities are sufficient for the
proposed use and access, parking and loading facilities are adequately buffered
to minimize their visual impact.
(11) Natural surface water drainage is adequately managed in accordance with
good engineering practices and in accordance with any applicable Town local
law or ordinance, including Chapter 156 Stormwater Management and Erosion
and Sediment Control, and existing drainage ways are not altered in a manner
that adversely affects other properties.
(12) To the extent reasonably deemed relevant by the Planning Board, the
proposed use or structure complies with all the criteria applicable to site plan
review set forth in this chapter.
F. Modifications of special permit. A special permit that has been issued may be
modified upon the application of the owner for such modification. Such application
shall be in accordance with the provisions of this section, and the procedures
applicable to such application shall be the same as are applicable to an initial
application for a special permit. Notwithstanding the foregoing, no approval shall be
required if the change is a modification set forth in § 212-19K, Modifications to
approved site plans, as not requiring approval of a modification to a site plan. The
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waiver of the requirement for approval of a modification to a special permit is subject
to the same conditions, and subject to the same limitations as pertain to modifications
to approved site plans.
G. Expiration of special permit. A special permit shall be deemed to authorize only the
particular use or uses specified therein. Unless otherwise specified by the Planning
Board, a special permit shall automatically lapse and expire 18 months after the date
the decision is filed if the applicant fails to obtain a building permit or fails to comply
with the conditions of the special permit, unless the applicant’s failure to obtain a
building permit is as a result of a lawsuit brought to challenge the special use permit,
in which case the 18-month time allowed to secure a building permit shall only start to
run from the date of a final decision, order or judgment of a court of competent
jurisdiction upholding the validity of the special permit. A special permit shall expire if
the use or uses cease for any reason for more than 12 consecutive months. A special
permit may be revoked by the Planning Board if the conditions of the special permit
are violated. A special permit shall run with the land and can be transferred to
successive property owners, unless the permit has expired or has been revoked for
failure to meet the permit conditions.
§ 212-19 Site plan review.
A. Purpose and establishment. The purpose of this section is to provide for the review
and approval of development plans to ensure that land development occurs in
harmony with surrounding uses, without adversely impacting neighboring parcels,
property values, public facilities, infrastructure, or the natural environment. The
Planning Board is hereby charged with carrying out the review and approval functions
provided for in Town Law § 274-a: to review and approve, approve with modifications
and conditions, or disapprove site plans.
B. Applicability. The requirements set forth in this section shall apply to all construction,
activities, uses, or developments that are referred to elsewhere in this chapter as
requiring site plan approval. Before a building permit can be issued for any of the
structures for which site plan review is required, a site plan must be approved by the
Planning Board in accordance with these and other applicable provisions. No building
permit shall be issued for any proposed improvements that would be in violation of
use restrictions, required yard setbacks, lot coverage limits or any other provisions of
this chapter. Any change of use of an existing structure to a use that requires site plan
approval shall be subject to the requirements of this article.
C. Procedure.
(1) Sketch plan conference. The sketch plan conference with the Planning Board
shall precede the submission of a detailed site plan. The purpose of the sketch
plan conference is to allow the Planning Board to review the basic site design
concept, provide the applicant with constructive suggestions, and generally to
determine the information to be required in the detailed site plan.
(2) A sketch plan conference will be scheduled with the Planning Board, no sooner
than one week after the Zoning Officer deems the sketch plan materials are
complete. The applicant must submit the following materials:
(a) Completed and signed application form, including a description of
proposed project;
(b) Payment of all application fees, based on the most recent fee schedule
adopted by the Town Board;
(c) Completed and signed Part I of the short environmental assessment
form (SEAF) or full environmental assessment form (FEAF), whichever is
required;
(d) Completed and signed agricultural data statement (for properties
containing or within 500 feet of a farm operation located in a County-
designated Agricultural District);
(e) Written approval from the owner to submit the sketch plan, if not the
owner of the land under consideration;
(f) Digital and nine paper copies of the following materials:
[1] Brief narrative and preliminary concept showing the locations
and dimensions of principal and accessory buildings, parking
areas, and other planned features and any anticipated changes
in the existing topography and natural features;
[2] Sketch or map of the area which clearly shows the location of
the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features within 300 feet;
[3] Topographic or contour map to adequate scale and detail to
show site topography and natural features such as unique
natural areas, critical environmental areas, and all streams and
wetlands or evidence of these such as hydric soils or vegetation
indicative of wetlands;
[4] Conceptual stormwater management plan consistent with local
law that outlines the approach to manage runoff and its post-
construction treatment on the site. A stormwater pollution
prevention plan does not have to be submitted at this time.
[5] Location of proposed septic system.
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(g) Location of all existing streams, drainage-ways, water bodies, wetlands
and underground agricultural drain tile and piping.
(3) At the sketch plan conference, based upon the information provided, the
Planning Board will determine any and all additional information required in
the application for approval of a detailed site plan, and whether a public
hearing will be required. By the conclusion of the next regularly scheduled
meeting after the completion of the sketch plan conference, the Chair of the
Planning Board shall provide, in writing, a detailed list of necessary materials to
be included in an application for a detailed site plan.
(4) At the completion of the sketch plan conference, the Planning Board will
determine which of the following public notices will be required:
(a) Signage provided by the Zoning Officer to be posted at the site by the
applicant in a manner that is readily visible to the public from the
nearest adjacent public road at least 10 days prior to subsequent
review of the site plan materials;
(b) Notice of site plan review (or public hearing) to be mailed to the
owners of record as of the last filed assessment roll within 500 feet of
the subject property at least five days prior to the date of the meeting;
or
(c) Notice of public hearing (see § 212-19E below).
(5) The Planning Board may, in appropriate cases, waive further site plan review
based upon the information provided in the sketch plan after review of the
same.
(6) Detailed site plan materials shall be reviewed by the Zoning Officer in order to
determine completeness. When deemed complete, the Zoning Officer will
schedule a site plan review meeting and public hearing, if required by the
Planning Board.
(7) The applicant shall supply all necessary materials for site plan review, including
digital and paper copies of plans as required by the Zoning Officer.
D. Site plan information required.
(1) At or following the sketch plan conference, the Planning Board may request
that the applicant provide more information, including, but not limited to, any
or all of the items from the following list. In determining the information it will
require, the Board may consider the type of use, its location, and the size and
potential impact of the project.
(2) Site plan checklist:
(a) Names and addresses of all owners of record.
(b) A detailed site plan showing all integral elements within 300 feet of the
proposed project site, including, but not limited to:
[1] Property lines for the site, including metes and bounds;
[2] Locations of adjacent public and private streets and highways;
[3] Approximate size and locations of all existing and proposed
buildings and structures, including locations of access drives,
parking and pedestrian facilities, and off-street loading facilities;
[4] Existing vegetation and proposed landscaping;
[5] Existing and proposed overhead and underground utilities;
[6] Location and design of all water and sewerage facilities;
[7] Location of all existing streams or drainage ways, water bodies,
wetlands, and drain tile (if available);
[8] Elevation plans at an appropriate scale for all exterior facades of the
proposed structure(s) and/or existing facades, plus addition(s)
showing design features;
[9] Proposed exterior lighting; and
[10] Number of parking spaces existing and required for all intended
uses.
(c) Stormwater pollution prevention plan, as required by local law.
(d) Site topography showing contours at an interval appropriate for the
site. A two-foot interval is recommended.
(e) For all uses except single- and two-family residences:
[1] Proposed sign(s), including size, height and location;
[2] Area of building to be used for a particular use, such as retail
operations, office storage, etc.;
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[3] Maximum number of employees;
[4] Maximum seating capacity, where applicable; and
[5] Estimated type and volume of traffic.
(3) In addition to the above, the Planning Board may require other information
related to the proposal, including, but not limited to:
(a) A detailed traffic study for large developments or developments in heavy
traffic areas, to include:
[1] The number of motor vehicle trips projected to enter or leave the site,
estimated daily and peak-hour traffic levels;
[2] The projected traffic flow pattern, including vehicular movements at all
major intersections likely to be affected by the proposed use of the site;
and
[3] The impact of this traffic upon existing abutting public and private ways
in relation to existing road capacities (existing and proposed daily and
peak-hour traffic levels as well as road capacity levels shall also be
given).
(b) A historical and cultural resources study completed to standards set forth
by the State Historic Preservation Office.
E. Action on site plan review application. Site inspections. The Planning Board
(individually or as a group), and any such persons as they may designate, may conduct
such examinations, tests, and other inspections of the site deemed necessary and
appropriate.
(1) Public hearing.
(a) The Planning Board may hold a public hearing, which shall be conducted
within 62 days from the day the site plan materials are deemed complete
by the Zoning Officer;
(b) In determining whether a public hearing is necessary, the Board shall be
guided by the expected level of public interest in the project;
(c) Applicants may request a public hearing. When an applicant requests a
public hearing, no site plan review may be disapproved without such a
hearing;
(d) The applicant shall be informed of the public hearing date by the Zoning
Officer at least 10 days before said hearing;
(e) Notice of the public hearing shall be advertised in the official newspaper at
least five days prior to the date of said public hearing, and the applicant
shall be billed by the official newspaper; and
(f) Notice of the public hearing shall be mailed to the owners of record as of
the last filed assessment roll within 500 feet of the subject property at
least five days prior to the public hearing.
(2) Review criteria. The Planning Board's review of the site plan shall include, but is
not limited to, the following considerations:
(a) Location, size, and design of proposed buildings, landscaping, lighting,
open spaces and buffers, and outdoor waste facilities;
(b) Location and adequacy of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking and
loading areas, and traffic controls;
(c) Location and adequacy of pedestrian and bicycle facilities and appropriate
provisions for persons with disabilities;
(d) Potential effect of the proposed development on environmentally
sensitive features within the site, such as stream courses, steep slope
areas, mature woodlands, wetlands, and other bodies of water;
(e) In the case of multiple residence site plans, location and adequacy of any
proposed open space and recreational facilities;
(f) Protection of adjacent neighboring properties from any undue
disturbance, such as may be caused by excessive or unreasonable noise,
glare, vapors, smoke, fumes, dust, or odors;
(g) Adequacy of stormwater and drainage facilities;
(h) Adequacy of water supply and sewage disposal facilities;
(i) Adequacy of the site layout for beneficial coordination with adjacent
properties with respect to pedestrian and vehicular traffic, recreational,
space and undeveloped or open space; and
(j) Compliance with this chapter and any other applicable Town rules and
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regulations and policies.
(3) Approval Criteria.
(a) No approval or approval with conditions shall be granted until the Board
determines that the applicant is in compliance with all other provisions of
this and other ordinances.
(b) The project shall be sited and designed so as to be harmonious with the
surrounding area and not interfere with the development, use, and
enjoyment of adjacent property. In areas where agriculture is permitted
use, the project should not have a significant adverse impact upon the
agricultural use of neighboring properties.
(c) The project shall promote building design that responds to the
surrounding neighborhood and demonstrates respect for surrounding
historic resources, while allowing for a diversity of architectural styles and
original and distinctive design approaches.
(d) The project shall ensure safe and efficient access for all site users,
including pedestrians, cyclists, transit passengers, the mobility impaired,
and motor vehicles, as applicable.
(e) The project shall be located, designed, and/ or managed to meet its
anticipated travel demand, and shall include reasonable efforts to minimize
single-occupancy vehicle trips, reduce vehicle miles travelled, and promote
transportation alternatives.
(f) The project shall provide for the adequate protection of significant natural,
cultural, heritage, and scenic assets on or near the site.
(g) The project contributes to existing pedestrian-oriented rights-of-way in
relation to the public realm and streetscape.
(h) The project shall utilize plant materials that are capable of withstanding the
climatic conditions of Ulysses and the microclimate of the site, and shall be
planted so as to maximize prospects for healthy growth.
(i) The project shall make for the most efficient use of land and municipal
services, utilities, and infrastructure.
(j) Buildings should be oriented to maximize the ability for passive and active solar
collection.
(k) Roofs should be structurally capable of supporting solar collectors.
(l) Buildings should not impede solar access of neighboring parcels.
(m) The Planning Board shall make a decision on the site plan within 62 days after
the public hearing, or 62 days after the site plan application materials are
received and deemed complete if no hearing is required. The time within
which the Planning Board must render its decision may be extended by mutual
consent in writing of the applicant and the Planning Board. The decision of the
Planning Board shall be filed in the Town Clerk's office within five business days
after such decision is rendered, and a copy thereof mailed to the applicant.
F. Consultation on proposed site plan.
(1) At its sole discretion, the Planning Board may consult with agencies or
individuals, including, but not limited to, the Zoning Officer, Fire
Commissioners, Agriculture Committee, Conservation and Sustainability
Advisory Committee, Commissioner of Public Works, other local and county
officials, in addition to representatives of federal and state agencies, including
the USDA Natural Resource Conservation Service, Tompkins County Soil and
Water Conservation District, the State Department of Transportation, and the
State Department of Environmental Conservation.
(2) Consultation where fees are involved requires approval by the Town Board.
These fees shall be borne by the applicant.
G. Submission of final detailed site plan.
(1) After receiving approval, with or without conditions, from the Planning Board
on a site plan, the applicant shall submit a final, detailed site plan to the Zoning
Officer for verification before a building permit will be issued.
(2) If more than 12 months has elapsed between the time of the Planning Board's
decision on the proposed site plan and the submission of the final detailed site
plan, the Planning Board may require a resubmission of the proposal.
H. Waiver of requirements for site plan approval. When considering a proposed site plan,
whether it is a sketch plan, preliminary site plan or final site plan, the Planning Board
may waive one or more items or design details of the plan that are otherwise normally
required under Article III, § 212-19D, to be shown on the plan, if in its discretion it
determines that the lack of such information is not a hindrance to its consideration of
the proposed site plan.
I. Performance guarantee.
(1) The Zoning Officer shall be responsible for the overall inspection of site
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improvements, including coordination with Highway Department officials and
other officials and agencies as appropriate.
(2) Prior to the issuance of a certificate of occupancy and/or site plan compliance
certificate, the applicant shall complete all required improvements to the
satisfaction of the Zoning Officer, who shall file with the Planning Board a letter
signifying the satisfactory completion of all improvements required by the
Planning Board.
(3) In the instance when all improvements shown on the approved site plan are
not yet completed, a certificate of occupancy and/or site plan compliance
certificate may be issued upon:
(a) Deposit by the applicant with the Town Clerk of a certified check in an
amount set by the Planning Board to cover the full cost of the required
improvements, where costs are determined or verified by a consultant
hired by the Planning Board; or
(b) Filing by the applicant with the Town Clerk of a performance bond to
cover the full cost of the required improvements, where costs are
determined by a contractor hired by the Planning Board. Any such bond
shall comply with the requirements of § 274-a of the Town Law and,
further, shall be satisfactory to the Town Board and Attorney for the
Town as to form, sufficiency, manner of execution, and surety. A period
of one year, or such other period as the Planning Board may determine
appropriate, not to exceed three years, within which required
improvements must be completed shall be set forth in the bond.
J. Reservation of parkland on site plans containing residential units. If the proposed
project includes dwelling units, the Planning Board may, in accordance with the
provisions and requirements of Town Law § 274-a or any similar or successor law,
require a park or parks suitably located for playground or other recreational purposes
to be shown on the site plan or, to the extent permitted by § 274-a, monies in lieu of
parkland.
K. Modifications to approved site plans.
(1) If at any time subsequent to the approval of a final site plan by the Planning
Board an applicant or property owner desires to modify the site plan as
approved, an application with the revised site plan shall be submitted to the
Planning Board for its consideration of approval. The Planning Board may hold
a public hearing on said application of the proposed site plan, and impose any
conditions, modifications or additional requirements upon the approval as it
may determine appropriate in the furtherance of this chapter and the Ulysses
Comprehensive Plan.
(2) Such modification may be made without resubmittal and approval by the
Planning Board, upon receipt of a building permit, if it:
(a) Does not involve a violation of any conditions imposed by the Planning
Board in its original grant of final site plan approval;
(b) Does not involve the shift of the location of one or more buildings or
structures a distance exceeding 10 feet in any one direction from the
location shown on the final site plan as approved; provided, however,
that such a shift does not result in an encroachment on any required
yard setback or buffer area;
(c) Does not alter the location of any proposed points of ingress into or
egress from the site, or proposed traffic flow within the site;
(d) Involves the construction of or alteration to less than 500 square feet of
interior space, or construction which results in the increase in the
amount of square feet of an existing building by less than 10%,
whichever is less;
(e) Involves the construction, alterations or renovations to the exterior of a
building without any change in building footprint, provided said
alterations do not affect the size and locations of windows or
doorways, or are changes necessitated by New York State Fire
Prevention Code and Building Construction Code or its successors;
(f) Involves the construction of or relocation of three or fewer parking
spaces;
(g) Involves the installation of any below- or aboveground utilities; and
(h) Is reviewed and approved by the Zoning Officer and Planning Board
Chair.
L. Expiration of site plan approval. Unless otherwise specified by the Planning Board, site
plan approval shall automatically lapse and expire 18 months after the date the
decision is filed with the Town Clerk if the applicant fails to obtain a building permit or
fails to comply with the conditions of the site plan approval.
M. Streamlined Site Plan checklist for farm operations in a Tompkins County-adopted,
State-certified Agricultural District:
(1) Sketch of the parcel on a location map (e.g., tax map) showing
boundaries and dimensions of the parcel of land involved and
identifying contiguous properties and any known easements or rights-
of-way and roadways. Show the existing features of the site including
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land and water areas, water or sewer systems, drain tiles and systems,
and the approximate location of all existing structures on or
immediately adjacent to the site.
(2) Show the proposed location and arrangement of buildings and uses on
the site, including means of ingress and egress, parking and circulation
of traffic. Show the proposed location and arrangement of specific land
uses, such as pasture, crop fields, woodland, livestock containment
areas, and manure storage/manure composting sites and Animal Waste
Storage Facilities.
(3) Sketch of any proposed building, structure or sign, including exterior
dimensions and elevations of front, side and rear views. Include copies
of any available blueprints, plans or drawings.
(4) Provide a description of the farm operation (existing and/or proposed)
and a narrative of the intended use and/or location of proposed
buildings, structures or signs, including any anticipated changes in the
existing topography and natural features of the parcel to accommodate
the changes. Include the name and address of the applicant and any
professional advisors. If the applicant is not the owner of the property,
provide authorization of the owner.
(5) If any new structures are going to be located adjacent to a stream or
wetland provide a copy of the floodplain map and wetland map that
corresponds with the boundaries of the property.
(6) Application form and fee.
§ 212-20 Rezoning for DD—Development Districts or other rezoning actions.
Intent
The Development District (DD) procedure provides a flexible land use and design
regulation through the use of performance criteria so that development may be
matched with sensitivity to the unique characteristics of a particular site, and
innovative development techniques may be accommodated that might not otherwise
be possible through strict application of existing zoning and subdivision requirements.
The conventional use, area, form, materials, bulk, and density specifications set forth
by other sections of this Land Use Code are intended to be replaced by an approved
Development District (DD) for a particular site, which then becomes the basis
legislatively established by the Town Board for detailed design, review and control of
subsequent development within the designated site.
Thus, where DD techniques are deemed appropriate through the rezoning of land to a
Planned Development District by the Town Board, the set of use and dimensional
specifications elsewhere in this Land Use Code are herein replaced by an approval
process in which an approved plan becomes the basis for continuing land use controls.
While flexibility in substantive regulations is thus encouraged, it is intended that this
uniform procedure and the required conformance with this Zoning Code and
municipal service capability shall ensure the general welfare through equal treatment
under the law, as well as precise control of all aspects of the Planned Development as
approved.
Objectives
In order to carry out the intent of this article, a Development District shall achieve the
following objectives:
• A greater choice in the types of environment, types of housing and dwelling unit
types, lot sizes and community facilities available to existing and potential Town
residents at all economic levels.
• More usable open space and recreation areas.
• The preservation of trees, outstanding natural topography and geologic features and
prevention of soil erosion.
• A creative use of land and related physical development which allows an orderly
transition of land from rural to village uses.
• An efficient use of land resulting in smaller networks of utilities and streets and
thereby lower costs.
• A development pattern in harmony with the objectives of the Comprehensive Plan.
• A more desirable environment than would be possible through the strict application of
other articles of this Zoning Code.
A. Requests for rezoning.
(1) The Town Board shall review the request for rezoning, upon submission of
preliminary materials to adequately describe the scope of the project to the
Town Zoning Officer. Should the Town Board decide that the proposed request
for rezoning merits further consideration, the Board shall direct the applicant
to proceed with a sketch plan conference, and then shall refer the proposal to
the Planning Board for further review and recommendations. The Town Board
shall be the lead agency for the public hearing and State Environmental Quality
Review (SEQR) as required for changes in zoning. In addition, the Planning
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Board may schedule a separate public hearing and SEQR as part of site plan
review.
(2) Sketch plan conference. The applicant for any rezoning action shall have a
sketch plan conference with the Zoning Officer, the Planning Board Chair, the
Town Board Planning Liaison, and the Planning Management Officer. The
purpose of this conference is to generally and informally review the proposed
project, to advise the applicant as to the general process and the application
requirements, and to coordinate the rezoning between the Town and Planning
Boards. Rezoning actions are at the discretion of the Town Board and do not
have a specified time frame within which the action must be decided.
(a) Upon receipt of a request from the Town Board for review of rezoning,
the Planning Board shall:
[1] Review the proposed rezoning for compliance with the Ulysses
Comprehensive Plan for development of the Town of Ulysses and
may only make recommendation to approve the rezoning request
following a finding that it is in conformance with the Town
Comprehensive Plan;
[2] Review the development for the proposed site rezoning, including
any proposed structures or modifications of structures using the
review criteria outlined in § 212-20 for compliance with district
regulations of the zone for which rezoning is requested and with
relevant sections of this chapter, and require such changes as
may be necessary to ensure compliance;
[3] Adopt a resolution recommending approval, approval with
modifications, or disapproval of the proposed Development
District and general site plan, and forward the same to the Town
Clerk within the required time period set forth in Town Law.
(b) The Planning Board shall consider:
[1] The need within the community for the proposed use;
[2] The desirability of the proposed location;
[3] The compatibility of the Applicant’s proposed particular mix of
land uses with the existing character of the neighborhood in
which the proposed use would be located, and the impact on the
future quality of the neighborhood;
[4] Safeguards proposed by the applicant to mitigate possible
detrimental effects of the uses within the proposed rezoning on
the entire area and on adjacent property;
[5] Safeguards proposed by the applicant to preserve existing trees
and outstanding topographic or geologic features, and reduce
potential for soil erosion and sedimentation.
[6] Evidence that the application is compatible with the goals of
Comprehensive Plans, if any.
[7] A general statement as to how common open space is to be
owned and maintained.
[8] If the development is to be phased, a general indication of how
the phasing is to proceed. Whether or not the development is to
be staged, the sketch plan shall show the intended total project.
[9] Evidence of the Applicant's capacity to carry out the plan and the
Applicant's awareness of the scope of the application, both
physical and financial.
B. Requirements for rezoning plan. The applicant(s) or petitioner(s) shall submit a plan of
the site to be rezoned to the Town Board which plan shall clearly show:
(1) Property lines, including metes and bounds;
(2) All public streets abutting the lot or parcel;
(3) Site topography;
(4) Location and size of all existing structures and site utilities, points of ingress
and egress, parking and loading areas and pedestrian facilities;
(5) Location of all existing streams, woodland, wetlands and other significant
natural features;
(6) Location and size of all proposed structures and site utilities, points of ingress
and egress, parking and loading areas and pedestrian facilities; and
(7) Other plans and specifications related to the proposed use of the site deemed
reasonably necessary by the Town Board for a thorough understanding of the
proposed use.
C. Development District rezoning plan. The purpose of a Development District is to give
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flexibility to this chapter in order to accommodate such developments as would be
beneficial to the community, but which are not now permitted in the established
zoning district where the proposed project is located. These Development Districts
must not be contrary to the Ulysses Comprehensive Plan or this chapter. In addition to
the requirements for rezoning, a proposed Development District shall be a minimum
of three acres. Site plan material submitted with the application for review by the
Planning Board must be in accordance with the Town Development District application
procedure, available from the Zoning Officer, and amended as necessary from time to
time.
D. Process for rezoning by Town Board.
(1) Upon receipt of the requested recommendation from the Planning Board, the
Town Board shall hold a public hearing and conduct environmental review
under the State Environmental Quality Review, after which it may, at its
discretion, approve the proposed rezoning request, disapprove the proposed
change, or approve it with modifications. The Town may impose any
conditions, modifications, or additional requirements upon the approval as it
may determine appropriate in the furtherance of this chapter and the Town
Comprehensive Plan. In making its decision, the Town Board shall make an
affirmative finding regarding whether or not the proposed change is in
conformance with the Town Comprehensive Plan.
(2) An affirmative vote of at least four members of the Town Board shall be
required to establish the Development District if:
(a) The Planning Board recommends that the proposed Development District
not be approved based on the Ulysses Comprehensive Plan; or
(b) The Planning Board recommends that the proposed Development District
be approved but with modifications, including modifications of proposed
allowed uses and to the proposed site plan, that the applicant is not willing
to make.
(3) The Town Board in establishing a new zoning district shall define, in writing,
the boundaries of the new district, approve the site plan and list all
specifications and restrictions approved for the site plan. The site plan as
approved by the Town Board shall be binding on the applicant.
(4) Upon the approval by the Town Board of a site plan submitted as part of an
application or petition for the establishment of a Development District, said
site plan shall be submitted to the Planning Board for consideration of final site
plan approval if not previously conducted as part of the rezoning review.
Article IV
Terminology
§ 212-21 Word usage.
For the purpose of this chapter certain words shall have the following meanings unless
otherwise required by the context:
A. Words used in the present tense include the future;
B. The singular number includes the plural, and the plural the singular;
C. The word "building" includes the word "structure";
D. The word "occupied" includes the words "designed or intended to be occupied"; and
E. The word "used" includes the words "arranged, designed or intended to be used."
§ 212-22 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building subordinate to and clearly incidental to the principal building on the same
lot, and used for the purposes customarily incidental to those of the principal building.
An accessory building shall not contain habitable space. For the purposes of this
chapter, tractor trailers, shipping containers, PODS®, and similar structures are not
considered to be accessory buildings.
ACCESSORY DWELLING UNIT
A habitable living unit added to or detached from a single-family residence that
provides the basic requirements of living, sleeping, eating, cooking, and sanitation.
ADULT CARE CENTER
A building used for the care, protection and supervision for fee of more than 12
elderly or disabled adults for part of a twenty-four-hour day, such care to include
personal assistance, development of skills for daily living and opportunities for social
contact.
ADULT CARE, FAMILY
Any building used for the care, protection and supervision for fee, at least once a
week, of not more than six elderly or disabled adults for part of a twenty-four-hour
day by a resident of the dwelling, such care to include personal assistance,
development of skills for daily living and opportunities for social contact, excluding,
however, the care of an adult(s) given by relatives.
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ADULT CARE, GROUP
Any building used for the care, protection and supervision for fee, more than once a
week, of more than six but not more than 12 elderly or disabled adults for part of a
twenty-four-hour day by a resident of the dwelling, such care to include personal
assistance, development of skills for daily living and opportunities for social contact.
ADULT ENTERTAINMENT BUSINESS
A business, including arcades, bookstores, theatres, dance clubs, massage parlors and
similar establishments, providing live, motion picture, videocassette, slide,
photographic or computer-generated visual entertainment characterized by: the
display of less than opaquely covered female human genitals or male human genitals
in a discernible turgid state, the human pubic region, buttocks, or female breast or
breasts below the top of the areola; or human sexual activity, including human
genitals in a state of sexual arousal, or acts of sexual intercourse, sodomy or
masturbation, or fondling or other touching of human genitals, pubic region, buttocks
or breasts for the purpose of sexual arousal; and/or the retail sale of books,
magazines, newspapers, movies, slides, films, devices or other photographic or written
reproductions characterized by: the display of less than opaquely covered female
human genitals or male human genitals in a discernible turgid state, the human pubic
region, buttocks, or female breast or breasts below the top of the areola; or human
sexual activity, including human genitals in a state of sexual arousal, or acts of sexual
intercourse, sodomy or masturbation, or fondling or other touching of human genitals,
pubic region, buttocks or breasts for the purpose of sexual arousal.
AGRICULTURE
[See ‘Farm Operation’]
AGRICULTURAL BUILDING
A structure designed and constructed to house farm implements, hay, grain,
poultry, livestock or other horticultural products. This structure shall not be a place
of human habitation.
AGRICULTURAL EDUCATION AND RECREATION FACILITIES
Facilities for recreational, educational, and entertainment activities operated in
conjunction with and as part of an overall direct farm marketing strategy for an active
farm operation or farm market. These facilities shall contribute to the production,
preparation and marketing of the following:
• crops;
• livestock and livestock products;
• distilled and brewed products, cider, and wine when composed predominantly of
on-farm produced grain, hops, grapes or other fruits; and
• foodstuffs and prepared foods comprised primarily of ingredients produced on the
premises for consumption on-site and off-site.
AGRICULTURAL EVENTS
On-farm events, including, but not limited to, farm tours, hayrides, corn mazes,
seasonal petting farms, opportunities to pick or cut produce on “pick your own” or
“cut your own” fields or orchards or pumpkin patches, educational
demonstrations, and classes related to agricultural products or skills offered in
conjunction with the above. Events must be directly related to the sale and
promotion of the crops, livestock and livestock products produced at the farm;
incidental and subordinate to the retail or wholesale sale of the farm’s crops,
livestock and livestock products; hosted by the farm operation; and prominently
feature the farm’s crops, livestock and livestock products at all locations in which
the event is conducted on the farm.
AIR-ACTIVATED GRAPHIC
A sign, all or any part of which is designed to be moved by action of forced air so as
to make the sign appear to be animated or otherwise have motion.
AIRPORT
An area of land or water set aside and designed for the landing and takeoff of aircraft,
that is regulated by the Federal Aviation Administration (FAA), and that includes
facilities necessary for the housing and maintenance of aircraft.
AIRSTRIP, PRIVATE
An area of land or water set aside and designed to be utilized by the owner of the
property for the landing and takeoff of aircraft, and that includes facilities necessary
for the housing and maintenance of aircraft.
ALL-WEATHER SURFACE
Any roadway, driveway, alley or parking lot surface paved with crushed stone, asphalt,
concrete or other pervious or impervious material in a manner that will support the
weight of anticipated vehicular traffic in all weather conditions and minimize the
potential for ruts, potholes or pooling of water. (See also "impervious surface.")
AMUSEMENT, PLACE OF
A facility providing rides, games, variety shows and other forms of entertainment, and
food and drink for the amusement of the general public.
ANIMAL WASTE STORAGE FACILITY
An animal waste storage impoundment made by constructing an embankment
and/or excavating a pit or dugout, or by fabricating a structure consisting of
constructed surfaces, tanks, or walls for the purpose of storing waste above or
below the ground surface.
ARTIST’S STUDIO
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A use involving small-scale production or assembly with no noxious by-products,
and which may include a showroom or ancillary sales of products. No processes or
equipment may be used that create heat, glare, dust, smoke, fumes, odors, or
vibration detectable off the property.
AUCTION HOUSE
An enclosed place or establishment conducted or operated for compensation or
profit as a private or public market where items of a personal or business nature,
motor vehicles, machinery, heavy equipment, items of an industrial nature, or
items not normally found within retail stores are offered for sale through
competitive bidding. The term ''auction house'' does not include flea markets, yard
sales, livestock markets, or bank repossession sales.
AWNING SIGN
An awning sign is a sign printed on any of the surfaces of an awning, and which
may include an under-awning sign attached to and mounted under the awning.
BALLOON SIGN
A sign that is an air-inflated graphic, which may be of various shapes, made of
flexible fabric, resting on the ground or a structure and equipped with a portable
blower motor that provides a constant flow of air into the device. Balloon signs are
restrained, attached, or held in place by a cord, rope, cable, or similar method. See
also ‘air-activated graphics.’
BANNER SIGN
A temporary sign composed of cloth, canvas, plastic, fabric, or similar lightweight,
nonrigid material that can be mounted to a structure with cord, rope, cable, or a
similar method or that may be supported by stakes in the ground.
BAR
An establishment primarily engaged in the retail sale of alcoholic drinks, such as beer,
ale, wine and liquor, for consumption on the premises.
BED-AND-BREAKFAST
An owner-occupied, one-family dwelling used for providing overnight
accommodations and a morning meal to not more than 10 transient lodgers and
containing not more than six bedrooms for such lodgers.
BICYCLE/SKI RENTAL BUSINESS
Establishment for the purpose of renting non-motorized recreation equipment, such
as bicycles and cross-country skis, where there is no permanent outdoor storage or
display of equipment, and may include retail sales incidental and subordinate to non-
motorized recreation activities, subject to the following: no more than 20% of the
square footage of the building or structure used by the establishment will be used for
such retail sales.
BLADE SIGN
A temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight,
non-rigid material and supported by a single vertical pole mounted into the ground
or on a portable structure.
BOARDING HOUSE
A building arranged or used for lodging for compensation, with or without meals, for
up to 15 occupants, and which is not occupied as a single-family unit.
BREAST HEIGHT (bh)
The standard height at which the caliper (diameter) of a tree is measured, 4 1/2 feet
above the base of the trunk of the tree.
BUFFER, STREAM PROTECTION
A strip of land on each side of a stream that is left vegetated or replanted with native
woody tree and shrub plants to provide several important societal services, including
flood reduction, erosion control, groundwater filtration, surface water quality
improvement and wildlife habitat.
BUILDING
Any structure having a roof supported by columns, posts or walls.
BUILDING HEIGHT
The height of any building shall be the vertical distance of the highest point of the roof
or any rooftop deck, fence, railing, widow’s walk, or other rooftop structure or feature
above the mean finished grade of the ground adjoining the building. Chimneys,
ventilators, antennas, skylights, tanks, bulkheads, or solar panels shall not be
considered part of the height of the building if they do not extend more than four feet
above the specific height limit. Domes, towers, or spires which are the integral part of
churches or religious buildings shall not be subject to these limitations, provided that
such features shall in no way be used for living purposes.
CAMPER
A dwelling designed and used for temporary residence mounted on a chassis designed
to be towed or mounted on a truck for travel over roads and highways. Units may be
self-contained or designed for temporary connection to electric, water or sewerage
utilities. (See also "motor home.")
CAMPGROUND, GROUP
Any parcel of land on which the following are located for group activities by private
groups or semipublic groups, such as a boy or girl scout camp, fraternal lodge, summer
camp facility, conference center or nature center: 1) tent sites, cabins, or other
accommodations of design or character suitable for seasonal and temporary
accommodations; and/or 2) a structure or structures containing communal facilities,
such as a kitchen, dining area, gathering space and bathrooms. No camping vehicles,
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campers or motor homes shall be permitted on the premises. There shall be no more
than two year-round single-family homes for each group campground facility, which
shall be accessory to the group campground use, such as housing for a caretaker
CAMPGROUND, OVERNIGHT
Any parcel of land on which are located two or more tent sites on or off platforms, or
small camper sites, such as pop-up type, and is primarily used by overnight, weekend,
or short-term (not seasonal) campers, and for which fees are charged. Large campers,
such as Class A or C self-propelled units, are clearly an incidental and accessory use
and limited to no more that 10% of the campsites. Storage on more than 10% of the
campsites, storage on more than 10% of the total site capacity and commercial sales
of Class A or C vehicles are prohibited.
CAMPGROUND, SEASONAL
Any parcel of land on which are located two or more cabins, park models, travel
trailers, recreational vehicles or other accommodations of design or character suitable
for seasonal or temporary living purposes, and on which these accommodations may
be stored year around, and for which fees are charged. Each seasonal camp site shall
be connected to utilities and sanitary waste disposal system.
CHILD-CARE CENTER
A building used for the care, protection and supervision for fee, more than once a
week, of more than 12 children at any one time. If conducted within a dwelling by a
resident of said dwelling, children of the resident under the age of 16 shall be counted
in determining the number of children being cared for.
CHILD CARE, FAMILY
The care, protection and supervision for fee, more than once a week, of not more than
six children at any one time by a resident of a dwelling. Children of the resident under
the age of 16 shall be counted in determining the number of children being cared for.
CHILD CARE, GROUP
The care, protection and supervision for fee, more than once a week, of more than six
but not more than 12 children at any one time. If conducted within a dwelling by a
resident of said dwelling, children of the resident under the age of 16 shall be counted
in determining the number of children being cared for.
CLEAR-CUT
A stand in which essentially all trees have been removed in one operation. Depending
on management objectives, a clear-cut may or may not have reserve trees left to
attain goals other than regeneration.
CLINIC
A building designed and utilized in the diagnosis and treatment on an outpatient basis
only of persons who are sick or injured, providing clinical, temporary, surgical and
laboratory medical services.
COMMUNITY CENTER
A place, structure or other facility used for fraternal, social, educational and
recreational programs generally open to the public and intended to serve significant
segments of the community.
CONFERENCE CENTER
A building or structure designed and available to rent to persons, businesses or
organizations for the purpose of one or more group meetings, social events,
exhibitions or other large gatherings. Restaurant or cafeteria facilities may be included
in such a building or structure.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the
provisions of § 49, Title 3, of the Environmental Conservation Law, or § 247 of the
General Municipal Law, for the purposes of conservation of open space,
agricultural land or natural, cultural, historic or scenic resources.
CORNICE
A projection aligned horizontally along and crowning a building wall, door,
window, or other opening in the building wall.
COTTAGE INDUSTRY
A manufacturing, construction or service enterprise owned and operated by a resident
of the principal dwelling on a lot, but which is not engaged in retail sales with
established hours of operation, or services on the premises, and which does not
employ more than 10 persons on site not residing on the property.
CUL-DE-SAC
See "road, dead-end."
DOMESTIC LIVESTOCK
Domestic animals, such as cattle, sheep, hogs, goats, horses, poultry, alpacas, llamas,
ratites, such as ostriches, emus, rheas and kiwis, farmed deer, or farmed buffalo,
raised for sale or home consumption of meat, fiber, milk, eggs, or as work animals.
DRIVE-THROUGH
A facility that dispenses goods through an attendant window or automated
machine to persons remaining in vehicles in a designated drive aisle.
DWELLING
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A building or portion thereof designed and used for human habitation, with an
independent entrance and with provisions for living, cooking, sanitary and sleeping
facilities arranged for the use of one family, excluding tents, hotels, motels or other
building designed for transient residence.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons,
including permanent provisions for living, cooking, sanitation and sleeping.
ECO-TOURISM
Environmentally responsible travel and visitation to natural areas, in order to enjoy
and appreciate nature (and any accompanying cultural features, both past and
present) that promote conservation, have a low visitor impact and provide for
beneficially active socio-economic involvement of local peoples. Uses may include
bike rentals, kayak rentals, hiking trails, bird watching, etc.
ELDER COTTAGE
A separate, detached one-family dwelling of not less than 560 square feet and not
more than 750 square feet. The unit may be manufactured housing, provided that the
width of the unit shall be no less than 22 feet. The unit shall be designed to be
temporarily placed on a lot as an accessory dwelling to the principal dwelling, for the
purpose of providing housing for one or more persons related by blood, marriage or
adoption
ELECTRONIC MESSAGE CENTER
An electrically-activated display that utilizes computer-generated messages or
other electronic means of changing sign copy to present variable messages and/or
graphic presentations. These signs include displays using incandescent lamps,
LEDs, LCDs or a flipper matrix.
EXTRACTIVE INDUSTRY
The extraction of overburden and minerals from the earth; the preparation and
processing of minerals, including any activities or processes used for the extraction or
removal of minerals from their original location and the preparation such as washing,
cleaning, crushing, stockpiling or other processing at the mine location that makes a
mineral suitable for commercial, industrial or construction use, but does not include
operations extracting natural gas and/or petroleum. For the purpose of this chapter,
borrow pits (excavations for removing material for filling operations) which exceed
2,000 tons in a one-year period are considered extractive industry.
FAIR
A competitive exhibition of agricultural products and animals, usually with
accompanying food and merchandise vendors, displays, entertainment and
amusements.
FAMILY
A. One or more persons living together in a single dwelling unit, all of whom are related
by blood, marriage or adoption; or
B. A functional family unit, defined as follows: A group of individuals living together in a
single dwelling unit and functioning as a family. In determining whether a group of
legally unrelated individuals is a functional family unit, the following criteria must be
met:
(1) The occupants must share the entire dwelling unit.
(2) The household must have stability. Evidence of such stability may include
following:
(a) The presence of minor dependent children regularly residing in the
household.
(b) Proof of the sharing of expenses for food, rent or ownership costs, utilities
and other household expenses and sharing in the preparation, storage and
consumption of food.
(c) Whether different members of the household have the same address for
the purposes of:
[1] Voter registration.
[2] Drivers' licenses.
[3] Motor vehicle registration.
[4] Summer or other residences.
[5] The filing of taxes.
(d) Common ownership of furniture and appliances among the members of the
household.
(e) Enrollment of dependent children in local schools.
(f) Employment of household members in the local area.
(g) A showing that the household has been living together as a unit for a year or
more, whether in the current dwelling or other dwelling units.
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(h) Any other factor reasonably related to whether or not the group of persons is
the functional equivalent of a family.
FAMILY CHILD CARE
See "child care, family."
FARM [See ‘Farm Operation’]
FARM BREWERY
An entity licensed by the New York State Liquor Authority under Alcoholic
Beverage Control Law§ 51-a or a successor provision to produce beer and cider.
FARM CIDERY
An entity licensed by the New York State Liquor Authority under Alcoholic
Beverage Control Law § 58-c or a successor provision to produce beer and cider.
FARM DISTILLERY
An entity an entity licensed by the New York State Liquor Authority under
Alcoholic Beverage Control Law §61(2-c) or a successor provision to produce
liquor.
FARM OPERATION
As defined in the Agriculture and Markets Law Article 25-AA, §301, the land and
on-farm buildings, equipment, manure processing and handling facilities, and
practices which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including a
commercial horse boarding operation, a timber operation, compost, mulch or
other biomass and commercial equine operation. Such farm operation may consist
of one or more parcels of owned or rented land, which parcels may be contiguous
or noncontiguous to each other.
FARM OPERATION, ACCESSORY COMMERCE
A retail or enterprise operated as an accessory use to an active farm operation on the same
premises:
• Selling products principally utilized in agricultural production, limited to 1,500
square feet of outdoor display or storage of products. Examples of such products
include seed, fertilizers, agricultural equipment and agricultural equipment parts,
batteries and tires; and products allowed to be sold by the New York State
Department of Agriculture and Markets such as farm machinery. Sale of plants
and plant materials is exempt from the outdoor display limitation.
• Providing agricultural equipment repairs;
• Processing and packaging of food where the predominant ingredient is not grown
on-farm.
FARM WINERY
An entity licensed by the New York State Liquor Authority under Alcoholic
Beverage Control Law §76-a or §76-d or a successor provision to produce wine and
cider.
FARM LABOR HOUSING
A temporary or permanent structure that is clearly accessory to an agricultural
operation and occupied by farm workers employed on the premises and their families.
FLAG LOT
See "lot, flag."
FLOOR AREA
The sum of the gross horizontal areas of all the floors of a building, measured from
the exterior faces of exterior walls, or from the centerline of party walls separating
two buildings. Floor area does not include unoccupiable space, within a basement
or attic, per the New York State Uniform Fire Prevention and Building Code.
FRATERNAL ORGANIZATION
An organization of persons, excluding churches, mosques, synagogues, temples or
other places of worship, formed for a specific purpose, such as the promulgation of
arts, literature, politics, civic involvement or other mutual interest, or out of a
common experience or heritage, but not operated for profit.
FRONTAGE
The length of the boundary line of a lot abutting on the public highway right-of-way. In
the case of lots that bound on a lake shore, the length of the boundary line abutting
the lake on a line or lines running parallel to the general shoreline.
FULLY SHIELDED LIGHT
An outdoor light fixture shielded or fabricated so that no light rays are emitted by the
installed fixture at angles above the horizontal plane as certified by a photometric test
report.
GLARE
A continuous source of light caused by the reflection of sunlight from a solar collection
system that has the potential to create an after-image when viewed directly.
GRADE
The average finished ground level of the land at which the perimeter of a building or
structure meets the ground.
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GROUP CAMPGROUND
See "campground, group."
GROUP CHILD CARE
See "child care, group."
HANDICAPPED PERSON
See "person with disabilities."
HANDICRAFT ITEM
An object that requires use of the hands, hand tools and human craft skills for its
production, and which is usually not adaptable to mass production by mechanical
means.
HEALTH CLUB
A private gymnasium, athletic, fitness, health or recreational facility, or reducing salon
or weight-control establishment.
HOME OCCUPATION
An occupation, profession, activity or use performed by the resident that is clearly a
customary, incidental and secondary use of a residential property, ; and which does
not affect the use of the property for residential purposes or alter the exterior
residential character of the property.
HOSPITAL
An establishment for temporary occupation by persons who are sick or injured for the
purpose of medical diagnosis and treatment, including clinical, temporary, surgical,
laboratory and emergency medical services.
HOSTEL
An establishment providing transient, overnight accommodations, typically
characterized by low cost, shared use of a self-service kitchen, common areas,
sleeping rooms and bathroom facilities.
HOTEL
A multiple dwelling used primarily for the purpose of furnishing for compensation
lodging, with or without meals, for transient guests, and which may provide additional
services, such as restaurants, meeting rooms, recreational facilities and shops for the
sale of gifts and incidental items to guests.
HUNTING CLUB
A building, facility or organization catering exclusively to members and their guests,
and including facilities for trap shooting, target shooting, and archery, for both
practice and competition, and other outdoor recreational pursuits by members and
their guests, except motorized racing; provided, however, that vending stands,
merchandising or other commercial activities are not conducted on their premises, as
may be incidental to the operation and maintenance of the facility, and generally for
the benefit of members and to further the purposes of the club.
IMPERVIOUS SURFACE
Any material or surface that substantially reduces or prevents the infiltration of water
into the ground, including areas covered by buildings, conventionally surfaced roads
and highways, driveways and parking lots, and sidewalks. (See also "all-weather
surface.")
INN
A facility with not more than 15 guest rooms providing temporary overnight lodging
for transient guests, including related guest services, including spas, dining rooms,
restaurant, meeting and conference facilities, and retail sales that are clearly
accessory to, and identified with the business of the facility.
JUNKYARD
An open area used for the storage or accumulation of wastes, used and secondhand
materials, including, but not limited to, building materials, scrap metal, plastic, paper,
rags, glass, broken appliances and electronic equipment, rubber tires, bottles, refuse,
inoperative vehicles and other machinery, and other debris that is not generated by or
used in any ongoing agricultural operations on the premises. For the purpose of this
chapter, an automobile wrecking yard is also considered a junkyard.
KENNEL
Any building or lot where four or more dogs are raised and/or boarded for the
purpose of sale, breeding, training or exhibition, or are boarded for a fee or are
sheltered for humanitarian reasons.
LAND ANNEXATION
The transfer of title of land from its owner to an abutting owner, for consolidation
with an abutting lot.
LAWN/LANDCAPING SERVICE
A business or not-for-profit organization that provides yard and garden
maintenance service which may include an office or other buildings and structures
where equipment, inventory, and vehicles are kept. The accumulation of trash,
debris, garbage or other waste or junk or scrap material is not permitted.
LIFE-CARE FACILITY
A facility for the residency of persons aged 55 or older and/or persons with disabilities
that includes one or more of the following features or services: individual dwellings;
congregate apartments where residents may share common meals; nursing home
24
facilities; laundry services; common recreational facilities; and other personal services.
LIGHT FIXTURE
The assembly that houses a lamp or lamps and which can include all or some of the
following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast,
a reflector or mirror, and/or a refractor or lens.
LIGHT POLE BANNER
A temporary banner or sign that is designed to be attached to a permanent light
pole or other pole structure, and where the temporary sign element can be
changed without modifying the permanent structure.
LIGHT INDUSTRY
The manufacture of finished products or parts predominantly from previously
processed or prepared materials, including processing or fabrication, assembly,
treatment, packaging, incidental storage, or sales and distribution of such products.
LIGHTWELL
An entry type where part of the building front facade is below ground, entry may
step up to the above ground floor and/or step down to the below grade floor.
LODGE
A building or buildings located on a parcel of at least 15 acres in which overnight
accommodations and meals may be offered to paying transient guests, where such
use is secondary to an active farm operation or is part of an eco-tourism enterprise.
The capacity of said facility shall be no more than eight (8) overnight guest rooms.
LOT
A parcel of land that may be occupied by one or more principal buildings and
accessory buildings for uses customarily incidental to the principal buildings, including
such open spaces as are used in connection with the principal building or buildings.
LOT AREA
All of the land between the boundary lines of a lot but not including any portion of the
public highway right-of-way that may be included in the deed description of said lot.
LOT, CORNER
A lot or parcel of land abutting two or more public or private road or highway rights-
of-way at their intersection, or on two sections of the same road or highway.
LOT COVERAGE
That portion of a lot covered by all buildings or structures on a lot or parcel, including
concrete, asphalt or similar impervious surfaces used for parking, sidewalks, drives
and roads. Driveways, walkways, and parking areas for a single-family or two-family
dwelling on the lot are excluded from the calculation of lot coverage.
LOT DEPTH
The least distance measured perpendicular from the front lot line to the rear lot line of
a parcel.
LOT, FLAG
A parcel of land whose configuration is so designed to make a legally conforming lot
that is otherwise landlocked by road-fronting parcels. Access to a road from the
interior lot is provided for by a strip of land (called the "pole") that is contiguous with
the interior lot (called the "flag"). The buildable, interior portion of the lot (the "flag")
must meet the minimum lot area requirements in the zone, exclusive of the acreage of
the pole. A "front lot line" is defined as a line within the flag portion of the parcel that
is parallel to or approximately parallel to the accessed road and meets the minimum
lot width at the front lot line for the zone. This front lot line established in the flag will
be used as a baseline for measuring the front yard setback and identifying side and
rear lot locations. A lot that meets all of the lot area and yard requirements for the
zone, except for the required road frontage, may not be declared a flag lot unless the
land adjacent to the pole and in front of the flag is part or all of a separate legal and
conforming lot for that zone.
LOT LINE
A boundary line of a lot.
LOT LINE, FRONT
The lot line or lines of a parcel of land coterminous with a public highway right-of-way
or private road, or approximately parallel to and nearest to a public highway right-of-
way or private road as determined by the Zoning Officer, or, in the case of lots that
bound on a lake shore, the line coterminous with or approximately parallel to the
published mean high-water line.
LOT LINE, REAR
The lot line or lines of a parcel of land on the opposite side of said parcel from a public
highway right-of-way or private road, or on the opposite side of said parcel
approximately parallel to and nearest to a public highway right-of-way or private road
as determined by the Zoning Officer.
LOT LINE, SIDE
Any lot line that is not a front or rear lot line.
LOT WIDTH
The shortest distance between the side lot lines, measured from the point where each
side lot line intersects with the minimum front lot setback line.
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LUMINAIRE
A complete lighting system, including a lamp or lamps and the attendant light fixture.
MAJOR SOLAR COLLECTION SYSTEM (or MAJOR SYSTEM)
An area of land or other area used for a solar collection system principally used to
capture solar energy and convert it to electrical energy to transfer to the public
electric grid in order to sell electricity to or receive a credit from a public utility entity,
and/or for on-site use. Facilities consist of ground-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings, including light
reflectors, concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines and other appurtenant structures and facilities. Major solar
collection systems are defined as ground-mounted accessory systems with a total
surface area greater than 2,000 square feet of panels. [Added 11-24-2015 by L.L. No.
3-2015]
MANUFACTURED HOME
A dwelling which is factory-built in accordance with the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401) and which is
transportable in one or more sections, is affixed to a chassis with axles and wheels,
and is designed to be placed on a permanent or temporary foundation.
MANUFACTURED HOME, DOUBLEWIDE
A manufactured home comprised of at least two sections transported separately and
attached on site, and having a minimum width of 22 feet.
MANUFACTURED HOME PARK
A parcel of land under single ownership that has been improved for the purpose of
renting or leasing sites for the placement of manufactured housing.
MANUFACTURED HOME, SINGLEWIDE
A manufactured home comprised of no more than one section, on a single chassis,
and having a width of at least 12 feet.
MARINA
A facility for berthing, servicing, fueling, launching and storage of private watercraft
that may also include the sale, lease, rental or charter of watercraft, and the sale of
fuel, marine products and accessories, and incidental supplies for water craft owners,
crews and guests.
MEAN HIGH-WATER ELEVATION (MHWE)
Mean high-water elevation (MHWE) is measured using the National Geodetic Vertical
Datum 1929 (NGVD 1929) and the lake elevation at the Cayuga inlet based on the
United States Geological Survey. [Added 8-12-2014 by L.L. No. 3-2014]
MINOR SOLAR COLLECTION SYSTEM or MINOR SYSTEM
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device,
which relies upon solar radiation as an energy source for collection, inversion, storage,
and distribution of solar energy for electricity generation or transfer of stored heat,
accessory to the use of the premises for other lawful purposes. Minor solar collection
systems are defined as roof- or building-mounted solar collectors greater than 60
square feet on any code-compliant structure, and ground-mounted solar collectors
with the total surface area greater than 60 square feet and less than 2,000 square
feet. [Added 11-24-2015 by L.L. No. 3-2015]
MOBILE HOME
A dwelling which is factory-built, transportable in one or more sections, affixed to a
chassis with axles and wheels, and designed to be placed on a permanent or
temporary foundation, but which is not built in accordance with the National
Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
§ 5401).
MONUMENT SIGN
A freestanding sign attached to a pedestal or perimeter wall.
MOTEL
A multiple dwelling used primarily for motorists, not over two stories in height, in
which the exit from each dwelling unit or sleeping room is directly to the exterior. The
term includes, but is not limited to, the terms "motor court," "motor hotel," and
"tourist court."
MOTOR HOME
A dwelling designed for temporary residence mounted on a self-propelled chassis
designed for travel over roads and highways. Units may be self-contained or designed
for temporary connection to electric, water or sewerage utilities. (See also "camper.")
NATURAL GAS
Any gaseous substance, either combustible or noncombustible, which is produced in a
natural state from the earth and which maintains a gaseous or rarified state at
standard temperature and pressure conditions, and/or gaseous components or vapors
occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION
Geologic or geophysical activities related to the search for natural gas, petroleum, or
other subsurface hydrocarbons, including prospecting, geophysical and geologic
seismic surveying and sampling techniques, which include, but are not limited to, core
or rotary drilling or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXPLORATION AND PRODUCTION WASTES
26
Any garbage, refuse, cuttings, sludge, flow-back fluids, produced waters, or other
discarded materials, including solid, liquid, semisolid, or contained gaseous material
that results from or is associated with the exploration, drilling or extraction of natural
gas and/or petroleum.
NATURAL GAS AND/OR PETROLEUM EXTRACTION
The digging or drilling of a well for the purposes of exploring for, developing or
producing natural gas, petroleum, or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging yard, a water or fluid
injection station, a water or fluid gathering station, a natural gas or petroleum storage
facility, or a natural gas or petroleum gathering line, venting station, or compressor
associated with the exploration or extraction of natural gas or petroleum.
NONCONFORMING USE
A building, structure or use of land lawfully existing at the time of the enactment of
this chapter which, as a result of the adoption of this chapter or an amendment
hereto, does not conform to the zoning regulations of the zone in which it is situated.
NURSERY AND GREENHOUSE
Buildings, greenhouses and land used for growing horticultural specialties,
including nursery stock, shrubs, trees, flowers, and hothouse plants.
NURSING HOME
An extended- or intermediate-care facility licensed or approved to provide full-time
convalescent or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
PARENT LOT
Any parcel of land owned individually and separately and separated in ownership
from any adjoining tracts of land on the effective date of this chapter which has a
total area which exceeds the minimum requirements for lot size, and for which there
exists the legal possibility of subdivision, re-subdivision, and/or a Development
District.
PARK, COMMUNITY
A parcel of land in public or private ownership available to the public for daytime and
evening recreational, educational, cultural or scenic purposes, intended for use by
residents living within a few miles of the facility.
PARK, REGIONAL
A parcel of land in public or private ownership available to the public for daytime,
evening and overnight recreational, educational, cultural or scenic purposes, such as a
county, regional or state park.
PAVEMENT
See "all-weather surface."
PENNANT
A triangular or irregular piece of fabric or other material, whether or not containing a
message of any kind, commonly attached by strings or strands, or supported on
small poles, intended to flap in the wind.
PERSON WITH DISABILITIES
A person having a physical or mental impairment that substantially limits one or more
of the person's major life activities so that such a person is incapable of living
independently; possessing a record of having such an impairment; and being regarded
as having such an impairment. This term, however, does not include current illegal use
of or addiction to a controlled substance, nor does it include any person whose
presence would constitute a direct threat to the health and safety of other individuals.
PLAT
A. A map representing a tract of land, showing the boundaries and location of
individual properties and roads;
B. A map of a subdivision or site plan.
PLOT PLAN
See "site plan."
PORCH
A porch is a raised, roofed platform attached to a building forming an articulated
entryway and semi-private social space.
PORCH SIGN
A porch sign is a sign that is hung from the porch of a building and intended to be
viewed from the sidewalk at close range.
PRACTICABLE
Capable of being done after taking into consideration of cost, time, technology,
and logistics in light of overall project purposes.
PRESERVE
A tract of land dedicated to the protection of one or more scenic or environmental
attributes, including, but not limited to, flora, fauna, geological features, lakes,
streams, wetlands or other hydrological features.
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PRINCIPAL BUILDING
The building on a lot which provides housing for the owner or tenants, or, in a
business or industrial zone, the largest building on the lot.
PROFESSIONAL OFFICE
A facility for the processing, manipulation, or application of business information or
professional expertise, and which may or may not offer services to the public. A
professional office is not materially involved in fabricating, assembling, or
warehousing of physical products for the retail or wholesale market, or engaged in
the repair of products or retail services. Professional offices may include government
offices, the practice of an accountant, architect, landscape architect or other design
professional, engineer, insurance agent, attorney, real estate agent or broker,
securities broker or similar profession, or the place of business or practice of a group
of such professionals operating as a partnership, corporation or other legal business
arrangement.
PROJECT SITE
Any area that has been or will be physically changed as a result of a proposed
development or construction project, or has been or will be utilized on a temporary
basis during the course of construction.
RECREATIONAL VEHICLE
See "motor home" and "camper."
REPAIR SHOP, PERSONAL SERVICE
A store or other place of business at which is conducted the repair of personal
customer items such as shoes, clothing, jewelry, etc. or personal service such as
barber shops or hairdressers; decorators, dressmakers or tailors; opticians;
photographers; digital imaging; video, DVD and other electronic visual and audio
entertainment media rentals; and businesses of a similar and no more intense
nature.
RESEARCH AND DEVELOPMENT
A business or facility dedicated to research, investigation, enterprise,
experimentation, testing and product development, including, but not limited to,
computer software, data compilation and manipulation, but not including facilities for
manufacturing, distribution or sales of products, except as an incidental activity.
RESIDENCE, MULTIPLE-FAMILY
A building or structure situated on a single lot and containing three or more dwelling
units.
RESIDENCE, SINGLE-FAMILY
A building or structure situated on a single lot and containing one dwelling unit,
including doublewide manufactured homes.
RESIDENCE, TWO-FAMILY
A building or structure situated on a single lot and containing two dwelling units.
RESIDENTIAL CARE/ASSISTED LIVING/REHABILITATION FACILITY
A building or portion thereof housing persons on a twenty-four-hour basis who
because of age, mental disability, addiction or other reasons live in a supervised
residential environment that provides personal-care services, but who nonetheless are
capable of responding to an emergency situation without any physical assistance from
staff, including, but not limited to, residential board and care facilities, assisted living
facilities, halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol- and drug-abuse centers and convalescent facilities.
RESOURCE ANALYSIS
The inventory and evaluation of natural, historic, and cultural resources on a
property to identify those resources to be protected, provide the basis for the
maximum density calculation and determine locations for building envelopes.
RESTAURANT
An establishment whose principal business is the sale of food and/or beverages to
customers in a ready-to-consume state, where the sale of alcoholic beverages is
incidental to the sale and consumption of food, and where customers are served their
food and beverages by a restaurant employee for consumption:
A. At the same table or counter at which the food or beverages are served; or
B. Elsewhere within the building; or
C. Within a motor vehicle parked on the premises; or
D. Off the premises as carry-out orders.
RETAIL USE [See ‘Retail Service]
RETAIL SERVICE
A business having as its primary function the supply of merchandise or wares to
the end consumer. Such sales constitute the “primary function” of the business
when such sales equal at least 80 percent of the gross sales of the business.
RIGHT-OF-WAY, HIGHWAY OR ROAD
A strip of land owned or controlled by the Town government for the purpose of
providing access to abutting lots or for providing a bed for a future improved roadway.
All Town rights-of-way are shown on the Town of Ulysses Official Map. Unless
otherwise indicated, all Town rights-of-way are 60 feet wide.
28
ROAD
A street, avenue, lane, highway or other public way; a public right-of-way improved or
intended to be improved for traffic. A private drive is not considered to be a road.
ROAD, DEAD-END
A road or a portion of a road with only one vehicular traffic outlet.
ROAD, MAJOR
A road with the capacity to serve heavy flows of traffic and intended primarily as a
route for traffic between areas generating heavy volumes of traffic.
ROAD, MINOR
A road intended to serve primarily as an access to abutting properties.
ROAD PAVEMENT
The wearing or exposed surface of a roadway used by vehicular traffic.
ROADSIDE STAND
A temporary or permanent accessory building, wagon or trailer, not exceeding 240
square feet in size, for the purpose of retail sale of produce, baked goods and
handicraft items to the public.
ROAD WIDTH
The width of a right-of-way, measured at right angles to the center line of the road.
SAUNA
A steam bath or heated bathing room used for the purposes of bathing and relaxation,
with steam or hot air used as a cleansing and relaxing agent.
SAWMILL, COMMERCIAL
A facility, generally operating on one or more full-time work shifts, five or more days
per week, constructed for the processing of timber logs into forestry products, such as
milled lumber, cants, treated posts, firewood and wood by-products, such as slab
wood, wood chips, bark chips and sawdust, and including planing and sizing facilities,
kilns, storage yards and accessory maintenance facilities incidental to sawmill
operations.
SAWMILL, SMALL-SCALE
A facility for the processing of timber logs into forestry products, such as milled
lumber, cants, treated posts, firewood and wood by-products, such as slab wood,
wood chips, bark chips and sawdust, and which may include planing and sizing
facilities, kilns, storage yards and accessory maintenance facilities incidental to sawmill
operations, but which is generally operated for the custom cutting of timber for local
craftsmen.
SELF-SERVICE STORAGE FACILITY
A building comprised of small self-contained units that are leased to individuals or
businesses for the storage of household or business goods and supplies.
SETBACK
The distance between any building on a lot or parcel of land and a property line. The
highway right-of-way shall be deemed a property line for the purpose of measuring
setback.
SHOPPING CENTER
A number of businesses located on single parcel, or adjacent parcels under single
ownership, or in every case, adjacent parcels having shared access to a public
thoroughfare.
SIDE YARD
See "yard, side."
SIGN
Any permanent or portable structure, or part thereof, or any device attached to a
structure or painted or represented on a structure which displays or includes any
lettering, wording, image, model, drawing, banner, flag, insignia, device, marking or
representation used as, or which is the in the nature of an announcement, direction,
or advertisement visible from a right-of-way whose purpose and design is to convey
messages by means of words or images. Public art that contains no commercial
messages is not a sign.
SIGN COPY
The graphic content or message of a sign.
SIGN FACE
The surface upon, against, or through which the sign copy is displayed or illustrated,
not including structural supports, architectural features of a building or sign structure,
nonstructural thematic or decorative trim, or any areas that are separated from the
background surface upon which the sign copy is displayed by a distinct delineation,
such as a reveal or border.
SIGN, FREESTANDING
Any sign not affixed to a building.
SIGN, OFF-PREMISE
An off-premise sign is a permanent sign erected, maintained, or used for the
purpose of the display of messages not related to the use of, products sold on, or
29
the sale or lease of, the property on which it is displayed and is oriented to and
within 660 feet of a state highway.
SIGN, ON-PREMISE
An on-premise sign is a sign erected, maintained, or used for the purpose of the
display of messages or which otherwise directs attention to the use of, products
sold on, services provided on, or the sale or lease of the property on which it is
displayed.
SIGN, TEMPORARY
Portable signs or any sign not permanently embedded in the ground, or not
permanently affixed to a building or sign structure which is permanently embedded in
the ground.
SILVICULTURE
An on-going practice involving the dedicated and cyclic cultivation of trees expressly
for the periodic production of timber including harvesting operations, tree nursery
operations, site preparation, reforestation and subsequent cultural treatment,
thinning, prescribed burning, pest and fire control, surface drainage, and directly
associated road construction and maintenance including the felling, skidding,
preparation (e.g., delimbing and trimming), loading and initial transport of forest
products from an active harvest site. Tree removal in preparation for development
or other conversion to a non-forestry use is not silviculture.
SITE PLAN
A plan for the development or use of one or more lots or parcels of land that is
prepared and presented to the Town for site plan review and consideration of
approval pursuant to applicable sections of this chapter.
SKIRTING
Siding that covers the area from the ground to the base of a manufactured home or
porch, as defined by New York State Residential Building Code, Appendix E, Section
E503.
SLOPE OVERLAY AREA
A. Area in Conservation and Lakeshore Zones where soils are highly erodible because of
soil characteristics and/or slope steepness. The slope overlay area consists of soils
with the following map unit symbol (with map unit name in parentheses): BtF (Bath,
Valois, and Lansing soils, 35 to 60% slopes); HpE (Howard and Palmyra soils, 25 to 35%
slopes); HsD3 (Hudson silty clay loam, 12 to 20% slopes, eroded); HuD (Hudson-Cayuga
silt loams, 12 to 20% slopes); HzE (Hudson and Dunkirk soils, 20 to 45% slopes); and Ro
(Rock outcrop).
B. The soil survey for Tompkins County (1965) was classified and delineated using second
order mapping techniques at a scale that might not be adequate for site level
evaluation. An applicant may hire a professional soil scientist/classifier, certified by
the American Society of Agronomy, to complete a first order survey of the building site
in order to determine the soil suitability for the proposed type of land disturbance.
STABLE, COMMERCIAL
A facility where one or more horses are kept for riding, driving, training, breeding or
sale, or are boarded for a fee, including indoor and outdoor riding arenas and
paddocks, and where more than 50% of feed, bedding and other supplies are
produced at off-premises locations, and manure and other wastes are disposed of off-
premises.
STOOP
A stoop is a small raised platform that serves as an entryway to a building.
STORAGE FACILITY, SELF-SERVICE
See "self-service storage facility."
STREAM
A watercourse that carries water for six months or more throughout a year. The edge
of the stream is the bank of the stream or the edge of the embankment if the stream
is more than 10 feet below grade.
STREAM, INTERMITTENT
Surface water drainage channels with definite bed and banks in which there is not a
permanent flow of water (and is represented as a dashed line on United State Geological
Survey (USGS) 7.5 Minute Quadrangle maps).
STREAM, PERENNIAL
A stream that flows continuously throughout the year in a natural or man-made channel
(which is represented as a solid blue line on United States Geological Survey (USGS) 7.5
Minute Quadrangle maps).
STRUCTURE
Anything that is constructed or erected on the ground or upon another structure or
building. "Structure" also includes anything that is constructed or erected
underground and projects up to the ground surface or above, or anything that is
constructed or erected wholly underground other than utility lines, septic and water
systems, or other similar types of underground construction wholly ancillary to a
principal building or structure on the premises. "Structure" also includes constructed
parking spaces. The term "structure" includes a building. There is excluded from the
term "structure," however, underground graves, vaults or other underground facilities
for the interment of bodies.
SUBDIVISION
30
The carving up of any parcel of land into two or more lots, including the original lot,
and plots, sites, or other division of land, with or without streets, for the purpose of
immediate or future sale, transfer of ownership, or development after the date of
adoption of § 212-140. The term “subdivision” includes any alteration of lot lines or
dimensions of any lots or sites shown on a plat previously approved and filed in the
office of the County Clerk. Subdivisions are classified as “major,” “minor,” or “cluster”
and further defined in § 212-141.
TAVERN
See "bar."
TEMPORARY BUILDING
A structure used for office, sales, storage or fabrication activities related to the
development of a site for residential purposes, that is placed on a lot or tract of land
for a period of not more than one year except upon receipt of a special permit.
TOURIST COURT
See "motel."
TREE
A living woody plant with an erect perennial trunk greater than four inches in
diameter at breast height with a definitely formed crown of foliage and a total height
of at least 13 feet from the ground.
UNIQUE NATURAL AREA (UNA)
Designated by the Tompkins County Environmental Management Council, an area of
outstanding environmental qualities that deserves special attention for preservation in
its natural state.
VEHICLE SIGN
Any sign permanently or temporarily attached to or placed on a vehicle or trailer in
any manner so that the sign is used primarily as a stationary sign.
VINEYARD
Land used in the cultivation of grape-bearing vines, grown for winemaking, raisins,
table grapes and non-alcoholic grape juice.
WALL SIGN
A sign that is attached flat to or mounted away from, but parallel to, any exterior
wall of a structure.
WAREHOUSE
A building used primarily for storage of goods and materials, also referred to as
"wholesale distribution center or truck terminal."
WHOLESALE DISTRIBUTION CENTER
See "warehouse."
WINERY
An entity licensed by the New York State Liquor Authority under Alcoholic
Beverage Control Law §76 or §76-c to produce wine.
WRECKING YARD
See "junkyard."
YARD
The unoccupied space, open to the sky, within a lot containing one or more buildings.
YARD, FRONT
The land between the public highway right-of-way and the front line of the principal
building on a lot and extending to the side lot lines of the lot. In the case of lots that
bound on a lake shore, the land between the published mean high-water line and the
principal building and extending to the side lot lines of the lot.
YARD, REAR
The land between the rear lot line of a lot and the rear line of the principal building on
a lot and extending to the side lot lines of the lot.
YARD, SIDE
The land between the principal building and the side lot lines of a lot, and extending
through from the front yard to the rear yard.
ZONE
A portion of the territory of the Town of Ulysses shown on the Zoning Map and
designated for a specific land use or uses, and within which certain yards and open
spaces are required and certain height limits are established for buildings, as provided
for in this chapter.
ZONING OFFICER
The person or their designee appointed by the Town Board and charged with the
authority and responsibility for enforcing the provisions of this chapter and the
decisions of the Board of Zoning Appeals.
31
Article V
AR — Agricultural/Rural Zone
§ 212-23 Purpose.
The A/R – Agricultural/Rural Zone is primarily intended to preserve farming and agricultural
lands in the Town and also to maintain open space and the quality of life enjoyed by residents
of the Town. Agriculture is an important part of the Town’s economy, providing both direct
and indirect employment benefits, and it also provides the visual benefits of open space. This
zone prioritizes and preserves viable agriculture in the Town by providing an area where
agricultural operations and agricultural-based enterprises are the predominant active land
uses in the zone. The creation of the Agricultural/Rural Zone illustrates the Town’s
commitment to farming and agricultural uses as preferred uses in this zone. The
Agricultural/Rural Zone protects existing agricultural areas by limiting suburban and urban
development; encourages the continuation of agriculture as a viable economic activity and
way of life; reduces land use conflicts; protects ecological and natural resources; and
preserves open space. Furthermore, this zoning is designed to preserve the existing
agricultural operations that flourish on the excellent soils and to promote the establishment
of new agricultural enterprises to assure the continuation of the rural nature of the town.
§ 212-24 Right to farm.
In the A/R Agricultural /Rural Zone, agriculture shall be the primary land use. Within the zone
any agricultural practice determined to be a sound agricultural practice by the New York State
Commissioner of Agriculture and Markets pursuant to Article 25-AA, § 308, including, but not
limited to, practices necessary for on-farm production, preparation and marketing of
agricultural commodities, such as the operation of farm equipment; proper use of agricultural
chemicals and other crop protection methods; direct sale to consumers of agricultural
commodities or foods containing agricultural commodities produced on-farm; and
construction and use of farm structures, shall not constitute a private nuisance.
§ 212-25 Permitted uses.
In the A/R – Agricultural/Rural Zone the following buildings or uses are permitted: ,
A. Farm Operation, and agricultural buildings including nurseries, greenhouses,
orchards and vineyards.
B. Agricultural events, subject to the standards set forth in Chapter 142: Special
Events.
C. Commercial stables, subject to the standards set forth in Article XX, § 212-138.
D. Silviculture.
E. Roadside stands, subject to the standards set forth in Article XX, § 212-135.
F. Single-family residences, two-family residences, and their accessory buildings
are allowed subject to limitations in Article XXIV § 212-167: Accessory Buildings.
G. Farm labor housing as regulated by the New York State Uniform Code. These
residences shall be located on the same land where other structures of the farm
operation are located. Each dwelling must be a minimum of 560 square feet. A
streamlined site plan for siting considerations is required for more than two
units. The Town may require a notarized statement from the property owner to
certify that the occupants in the on-farm labor housing are employed on the
farm.
H. Temporary buildings as defined in Article IV.
§ 212-26 Permitted accessory uses.
The following are permitted accessory uses, which are customarily incidental to the permitted
uses listed above in §212-25:
A. Accessory dwelling units, subject to the provisions of Article XX, §212-128.
B. Farm Operation, Accessory Commerce when no new building is constructed. [See
also 212-27.H]
C. Bed-and-breakfast establishments, subject to the standards for parking, outdoor
lighting and signs set forth in Article XX: Design Standards.
D. Customary home occupations, conducted solely by residents of the dwelling.
E. Elder cottages, subject to the provisions of Article XX, § 212-139.5.
F. Family adult care
G. Family child care.
H. Adult care groups.
I. Fences and walls, subject to the provisions of Article XX, § 212-162.
32
J. Home occupations.
K. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015
L. Playgrounds.
M. Professional offices where such office is part of the residence building and no
more than three persons not residing on the premises are employed.
N. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E, F,
G, and H.
§ 212-27 Uses allowed by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board, pursuant
to Article III, § 212-19, subject to the design standards set forth in relevant sections of Article
XX.
A. Airstrips, private.
B. Animal processing structures, limited to a maximum building footprint of 2,000
square feet.
C. Cemeteries as regulated by New York State, and the buildings and structures
incidental to cemetery operations.
D. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses
E. Communication transmission towers and telecommunications facilities, subject to
the provisions of Article XXII.
F. Cottage industries
G. Facilities for agricultural education and recreation events.
H. Farm Breweries, Farm Cideries, Farm Distilleries, Farm Wineries.
I. Farm Operation, Accessory Commerce when constructing a new building or adding
an addition to an existing building, subject to the provisions of Article XX, § 212-139
J. Lawn/landscaping services
K. Lodges
L. Major solar collection systems subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
M. Small-scale sawmills subject to the provisions of Article XX, § 212-136.
N. Wineries
§ 212-28 Uses allowed by special permit.
The following uses are allowed upon approval of a Special Permit pursuant to Article III, §
212-18, subject to the standards set forth in relevant sections of Article XX: Design
Standards:
A. Airports.
B. Animal confinement regulated by confined or concentrated animal feeding
operation (CAFO), subject to the provisions of Article XX, § 212-141
C. Animal Waste Storage Facility, subject to the standards set forth in Article XX, §212-
139.3.
D. Group campgrounds subject to the provisions of Article XX, § 212-127.
E. Campgrounds, overnight subject to the provisions of Article XX, § 212-127.
F. Fire stations and other public buildings necessary for the protection or servicing of a
neighborhood.
G. Hunting clubs
H. Kennels
I. Public and private schools, nursery schools and institutions of higher education,
including dormitory accommodations.
J. Regional parks and preserves.
K. Golf courses,
L. Residential Care/Assisted Living/Rehabilitation Facility
§ 212-29 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the AR--
Agricultural/Rural Zone.
33
B. Accessory buildings are subject to provisions in Article XXIV § 212-167 Accessory
Buildings.
C. Minimum lot area shall be two acres.
D. Minimum lot width at front lot line shall be 400 feet.
E. Minimum lot depth shall be 200 feet.
F. Minimum front yard setback shall be 50 feet.
G. Minimum side yard setbacks shall be 30 feet.
H. Minimum rear setback shall be 75 feet.
I. Maximum building height for any nonagricultural building or structure shall be 32
feet.
J. Maximum lot coverage shall be 5% of the lot area.
K. Maximum floor area of a new agricultural building shall be 20,000 square feet. Farm
Operation, Accessory Commerce building floor area shall be limited to 5,000 square
feet.
L. Maximum floor area of a new non-agricultural building shall be 5,000 square feet
except an Accessory Dwelling Units shall be no more than 1,200 sq. ft. (see § 212-
128).
M. Flag lots, subject to the standards set forth in Article XX, § 212-130.
N. Streams and wetlands are required to a have a protective setback as
defined in § 212-124.
Article VI
A2 — Special Agricultural Zone
§ 212-30 Purpose.
The purpose of the A2—Special Agricultural Zone is to encourage the continuing tradition of
annual agricultural fairs, which are an integral part of the Town's heritage, as well as other
cultural and civic events, displays, exhibitions and entertainment events that occur within the
typical fairgrounds complex.
§ 212-31 Permitted uses.
In the A2—Special Agricultural Zone, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other
than the following:
A. Accessory building, subject to the provisions of Article XXIV § 212-167: Accessory
Buildings.
B. Farm Operation
C. Animal training.
D. Athletic competition.
E. Auctions, flea markets, craft fairs and merchandise sale of a temporary nature.
F. Circuses.
G. Commercial stables.
H. Communication transmission towers and telecommunications facilities, subject to
the provisions of Article XXII.
I. Concerts, dramas, plays, religious events and revivals, variety shows and other
forms of live entertainment.
J. Day camps and supervised youth programs, community-sponsored programs,
reunions and other public and private assemblies.
K. Fairs and agricultural, horticultural and animal husbandry displays, exhibitions and
competitions.
L. Any legal form of racing.
M. Industrial, merchandise and arts and crafts displays, exhibitions and competitions.
N. Racing and other events that utilize motorized or otherwise self-propelled
vehicles, except during weekdays from 7:30 a.m. to 5:00 p.m. during the school
calendar year.
O. Temporary occupancy by motor homes, campers and tent dwellings, provided
34
that such dwellings are for the use of vendors, competitors, participants and
employees of an event on the grounds.
P. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-32 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Signs as regulated under Article XX.
B. Temporary buildings as defined in Article IV.
C. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-33 Lot area and yard requirements.
A. Minimum lot area shall be 25 acres.
B. Minimum lot width at the front lot line shall be 1,000 feet.
C. Minimum lot depth shall be 200 feet.
D. Minimum front yard setback to any permanent structure shall be 30 feet.
E. Minimum side yard setbacks shall be 15 feet, or 25 feet if parallel to a public road.
F. Minimum rear setback shall be 35 feet.
G. Maximum building height for any nonagricultural building or structure, including
tents, shall be 32 feet above average grade measured at the building perimeter.
H. Maximum lot coverage by permanent structures shall be 7.5% of the lot area.
§ 212-34 Buffer areas.
A. Streams and wetlands are required to a have a protective setback as defined in § 212-
124
Article VII
R —Residential Zone
§ 212-35 Purpose.
The purpose of the R—Residential Zone is to provide for moderate-density residential
development in areas served by public water and/or public sewerage. Development densities
when combined with cluster residential subdivision development options have the potential
for providing for attractive, quality neighborhoods while preserving important open space
resources consistent with the Ulysses Comprehensive Plan and the goals of organized and
logical growth, increased employment opportunities and an increased tax base.
§ 212-36 Permitted uses.
In the R—Residential Zone, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the
following:
A. Farm Operation.
B. Single-family residences and their accessory buildings, subject to Article XXIV
§ 212-167: Accessory Buildings.
C. Two-family residences, provided the second dwelling is contained in the principal
building and their accessory buildings, subject to Article XXIV § 212-167: Accessory
Buildings.
§ 212-37 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory Dwelling Unit, subject to the provisions of Article XX, § 212-128.
B. Bed-and-breakfast establishments.
C. Home occupations.
D. Elder cottages subject to the provisions of Article XX, § 212-139.5.
E. Family adult care.
F. Family child care.
G. Professional offices where such office is part of the residence building and no
more than three persons not residing on the premises are employed.
35
H. Noncommercial gardens and home nurseries.
I. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
J. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122E.
K. Roadside stands, subject to provisions of Article XX, § 212-135.
L. Temporary buildings as defined in Article IV.
§ 212-38 Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board pursuant to
Article III, § 212-19, subject to the design standards set forth in relevant sections of Article XX:
A. Adult care centers.
B. Cemeteries and the buildings and structures incidental to cemetery operations.
C. Child-care centers, group child care.
D. Churches, mosques, synagogues, temple and other places of worship, convents,
rectories, parish houses.
E. Community centers.
F. Fraternal organizations and the clubhouse, hall, post, temple and other facilities
associated with the activities of the organization, except that the on-premises sale
of alcoholic beverages is prohibited.
G. Libraries, museums.
H. Life care facilities.
I. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
J. Nursing homes.
K. Residential care/assisted living/rehabilitation facilities.
§ 212-39 Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-18, subject to the
design standards set forth in relevant sections of Article XX:
A. Fire stations and other public buildings necessary for the protection or servicing of
a neighborhood, upon approval of the Town Board.
B. Golf courses, except miniature golf courses operated on a commercial basis, upon
approval of the Town Board.
C. Public and private schools, nursery schools, institutions of higher education,
including dormitory accommodations, upon approval of the Town Board.
D. Public and private community parks and preserves, upon approval of the Town
Board.
§ 212-40 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the R—Residential
Zone B. In areas where public water or sewer service is available, the minimum
lot area shall be 32,000 square feet.
B. In areas where public water or sewer service is available, the minimum lot area
shall be 32,000 square feet.
C. In areas where public water or sewer service is not available, the minimum lot area
shall be one acre or a size as regulated by the Tompkins County Health
Department.
D. Minimum lot width at front lot line shall be 160 feet.
E. Minimum lot depth shall be 200 feet.
F. Minimum front yard setback shall be 50 feet.
G. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on
two public streets where the minimum yard setback for the side yard adjacent to
the street shall be 25 feet.
H. Minimum rear setback shall be 35 feet.
I. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
J. Maximum lot coverage shall be 7.5% of the lot area.
K. Maximum floor area of a new non-agricultural building shall be 5,000 square feet
36
except an Accessory Dwelling Units (see § 212-128).
L. Maximum floor area of a new agricultural building shall be 20,000 square feet.
M. Flag lots, subject to the standards set forth in Article XX, § 212-130.
§ 212-41 Buffer areas.
A. Perennial streams are required to have a minimum 50 feet of buffer on each side
of the stream, extending from the stream bank toward the upland. Intermittent, also known
as "seasonal," streams require a minimum of 50 feet of setback on each side of the stream,
extending from the stream bank toward the uplands. (See § 212-124 “Standards for buffer
areas”)
B. No buildings or other structures, or parking areas or roads, shall be located within
100 feet from any NY State Regulated wetland. No buildings or other structures, or parking
areas or roads, shall be located within 50 feet from any Federally or locally designated
wetland. (See § 212-124 “Standards for buffer areas”).
Article VIII
LS — Lakeshore Zone
§ 212-42 Purpose.
A. The purposes of the Lakeshore Zone are:
(1) To protect the fragile environment of the lakeshore, that area east of State
Route 89 to the center line of Cayuga Lake, in accordance with the Town
of Ulysses Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur
with minimal environmental impact; and
(3) To develop design standards for houses and accessory buildings that
create a harmonious effect for the natural environment and the residents.
B. In particular, the following are important aspects or considerations for the
Lakeshore Zone:
(1) Among the important natural and ecological features of the Lakeshore
Zone are steep slopes, mature forests, fragile cliffs, tributaries, and
seasonal streams feeding into Cayuga Lake.
(2) In recognition of their natural and ecological significance, several areas of
the Lakeshore Zone have been designated as unique natural areas by the
Tompkins County Environmental Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil
types that when disturbed are significantly erodible and unstable based on
their characteristics and slope steepness (see Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which
contravene any laws, rules, or regulations or permits of the United States or New
York State, or any agency thereof, nor are any of the provisions intended to
supersede any requirements for obtaining any permits or approvals required by
the United States or New York State, or any agency thereof.
§ 212-43 Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan
approval, pursuant to the provisions of Article III, § 212-19, is required in unique
natural areas and slope overlay areas:
(1) Single-family residences and their accessory buildings.
(2) Two-family residences and their accessory buildings.
(3) Any municipal or public utility purpose necessary to the maintenance of utility
services except that substations and similar structures shall be subject to the
same setback requirements that apply to residences.
§ 212-44 Permitted accessory uses.
A. The following are permitted accessory uses, which are customarily incidental to the
permitted uses listed above in § 212-50:
(1) Accessory buildings, as defined in Article IV and subject to provisions of Article
XXIV, § 212-167: Accessory Buildings.
(2) Accessory Dwelling Unit, subject to the provisions of Article XX, § 212-128.
(3) Elder Cottage, subject to the provisions of Article XX, § 212-139.5.
(4) Open-sided elevators/lifts.
(5) Temporary buildings, as defined in Article IV.
(6) Minor solar collection system subject to the provisions of Article XX, § 212-
139.1. [Added 11-24-2015 by L.L. No. 3-2015]
B. Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in
unique natural areas and slope overlay areas for the permitted accessory uses listed in
this section.
37
C. Permitted accessory uses without site plan approval. Such uses as are customarily
incidental to the permitted uses listed above in this article, § 212-50.
(1) Signs as regulated under Article XX, § 212-122
(2) Home occupations, where no more than one person residing off the premises
is employed.
§ 212-45 Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board and subject
to the design standards set forth in relevant sections of Article XX:
A. Adult care, family.
B. Farm Operation.
C. Bed-and-breakfast operations where such is part of the residence.
D. Child care, family.
E. Professional offices where:
1) Such office is part of the residence property; and
2) No more than three persons residing off the premises are employed on
site.
§ 212-46 Uses allowed by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-
18, subject to the design standards set forth in relevant sections of Article XX and site plan
review by the Planning Board:
A. Fire stations or other public buildings necessary to the protection of or servicing
of a neighborhood.
B. Restaurants.
C. Public or nonprofit owned boat launching site, swimming beach, picnic area.
D. Public or nonprofit owned park or playground, including accessory buildings and
improvements.
§ 212-47 Lot area and yard requirements.
A. Number of principal buildings per lot: two single-family residences or one two-
family residence.
B. Minimum lot area shall be two acres for lakeshore lots and five acres for non-
lakeshore lots.
C. Minimum lot width at the mean high-water elevation (MHWE) shall be 250 feet
and minimum lot width at the road frontage shall be 250 feet for all non-flag lots.
D. Minimum lot depth shall be 250 feet for lakeshore lots and 450 feet for non-
lakeshore lots.
E. Minimum setback, front and rear, shall be 50 feet from the highway right-of-way,
and 50 feet where the lot abuts the lake; the MHWE shall be used for setback
measurement. Docks, boat hoists, and boat ramps are permitted within the
setback area.
F. Minimum side yard setbacks shall be 15 feet, except for a corner lot fronting on
two public streets, where the minimum yard setback for the side yard to the street
or road shall be 25 feet.
G. Maximum building height for the principal dwelling shall be 32 feet above average
grade measured at the building perimeter.
H. Maximum lot coverage for all building footprints shall be 5% of the lot area. For
lots with single-family and two-family residences, lot coverage calculations do not
include driveways, walkways, or parking areas.
I. Streams and wetlands are required to a have a protective setback as defined in §
212-124.
J. No parking areas shall be constructed within 50 feet of the MHWE.
K. Flag lots shall meet minimum lake frontage (250 feet) and lot area (two acre)
requirements. Lot area excludes the pole. The pole shall connect to the road, not
the lake. Non-lakeshore flag lots shall meet minimum lot area (five acres)
excluding the pole. See Article XX, Design Standards, § 212-130.
L. The above notwithstanding, in the case of a lot with frontage on the lake,
accessory uses such as pump houses, docks, boat ramps and boat hoists typically
associated with water-oriented recreational pursuits are permitted within the
front yard setback area fronting on the lake; provided, however, that they are
located outside of the required side yard setback areas and conform to the
regulations or permits of the United States or New York State.
38
M. For the purposes of cluster development on a lakeshore lot, one dwelling unit will
be allowed per 150 feet of lake frontage.
Lot Area and Yard Requirements Summary
Requirement Lakeshore Non-lakeshore
Lot coverage, maximum (percent) 5 5
Building height, maximum (feet) 32 32
Lot area, minimum (acres) 2 5
Lakeshore frontage, minimum (feet) 250 Not applicable
Lot width at road frontage, minimum (feet) 250 250
Lot depth, minimum (feet) 250 450
Setback from lakeshore, minimum, measured
from MHWE (feet)
50 Not applicable
Setback from road or rear property line (feet) 50 50
Side yard setback, minimum (feet) 15 15
Structure or parking area or road setback from
perennial/intermittent stream, minimum (not in
unique natural area or steep slope overlay (feet)
50 50
Structure or parking area or road setback from
any perennial/intermittent streams, or Federal
wetland edge in unique natural area and steep
slope overlay areas, minimum (feet).
75 75
Structure or parking area or road setback from 100 100
Lot Area and Yard Requirements Summary
Requirement Lakeshore
any State wetland edge.
Structure or parking area or road setback from
any Federally or locally designated wetland edge.
50 – 100 (see §212-48 below) 50
N. Maximum footprint of a new building shall be 2,000 square feet, except Accessory
Dwelling Units pursuant to Article XX, §212-128.
§ 212-48 Design standards.
In the event of any conflict between the provisions of this § 212-48 and other provisions of
this chapter, the provisions of this section shall prevail.
A. Streams.
(1) Perennial and intermittent streams are, and wetlands may become,
prominent features of the Lakeshore Zone and the condition of these water
bodies directly affects the health of Cayuga Lake and the various creatures
that depend on the water for sustenance. As such, it is the intent of these
Lakeshore Zone regulations to ensure the continued preservation and health
of these many Cayuga Lake tributaries for current and future generations.
(2) For the purposes of this section, the area of a wetland is defined by both
state and federal governing regulations. Buffer areas apply to federally
protected wetlands greater than 0.1 acre.
(3) Requirements.
(a) To the extent possible, perennial and intermittent streams shall be
protected from sediment, effluent, sewage, and driveway runoff.
(b) Diverting or altering the course of perennial or intermittent streams
shall be prohibited, except where a NYSDEC permit is obtained in
advance of starting work.
(c) Unless otherwise authorized by the Planning Board or state or
federal agency, no disturbance as listed previously in this section
shall be located within 100 feet of any NY State regulated wetland or
50 feet from a Federally or locally regulated wetland.
39
(d) During the site plan approval process where there is evidence of a
wetland, the Planning Board may require a wetland delineation
study to determine potential impacts of development on said
wetland.
(4) Recommendations.
(a) Plowing of salt laden snow from driveways into streams should be
avoided.
(b) The proximity of docks to mouths of tributaries should consider
natural variation in stream boundary location so as to not interfere
with stream flow over time.
(c) Stream bank vegetation should be encouraged to minimize erosion.
Where necessary, stream banks should be replanted with native
species.
(d) Flow of water in Cayuga Lake tributaries should not be impeded by
human-made structures in or spanning streams.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage
vegetation, especially noninvasive trees and shrubs, in the Lakeshore
Zone in order to prevent erosion, sedimentation of the lake and streams,
and maintain the rural, scenic nature of the Town. The intent of this
section is to encourage landowners in this district to preserve and
encourage vegetation for the benefit of current and future residents of
the Town.
(2) The intent of the Town of Ulysses is to preserve the natural features of
the Lakeshore Zone and, as such, to allow development that uses
mechanisms that minimize disruption of the current ecological balance.
The Zoning Officer and Planning Board shall review all development with
the following guidelines when reviewing a site plan for approval.
(3) Requirements. Tree removal, except clear-cutting, is allowed in the
Lakeshore Zone outside of unique natural areas or slope overlay areas.
Tree removal is allowed in the Lakeshore Zone in the unique natural
areas or slope overlay areas according to the following terms and
conditions:
(a) Without Town approval: a tree or trees whose location and
conditions combine to make it a threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a
valid building permit: those trees that are in the footprint of a
construction site, septic system, parking areas, and the driveway
access.
(c) Clear-cutting of forest stands for any use other than necessary
minimal clearing for the requirements of a building project is
prohibited.
(d) In unique natural areas or slope overlay areas, a woodland
management plan shall be filed with and approved by the Zoning
Officer and/or the Town's consulting forester for multiple trees
removed for the landowner's firewood or lumber use, and for
forest management and forest improvement. A woodland
management plan shall be prepared by a professional forester
with Society of American Foresters certification or by a
cooperating consulting forester with the New York State
Department of Environmental Conservation.
(4) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a
woodland management plan is recommended when removing
multiple trees for the landowner's firewood or lumber use and for
forest management and forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent
practicable to minimize runoff.
(c) Buffer areas proximal to water bodies are to be promoted using
noninvasive plants to protect water resources.
(d) Removal of trees for the purpose of expanding a view is discouraged.
(e) Removal of trees for the purpose of expanding sunlight exposure is
discouraged.
(f) Native plants should be encouraged, especially shrubs and trees that
produce edible fruit and nuts for wildlife.
(g) Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway
maple, etc.) is encouraged so long as this effort does not contribute
to significant soil disturbance or erosion.
40
(h) Wildlife habitats, biological corridors, contiguous forests, and open
space linkages should be encouraged and preserved.
(i) Dead trees that do not pose a threat to life, property or a healthy
forest should be left to provide wildlife habitat for both birds and
animals.
(j) New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(k) Regrading should blend in with the natural contours and undulations
of the land.
(l) Buildings proposed to be located within significant viewing areas
should be screened and landscaped to minimize their intrusion on
the character of the area.
(m) Building design should harmonize with the natural setting.
(n) Building materials should harmonize with their natural setting and
be compatible with neighboring land uses.
C. Soil and sediment control.
(1) A structure or parking area shall have a minimum setback to perennial and
intermittent streams of 50 feet or 75 feet if within a Unique Natural Area
or Steep Slope Overlay, as measured from the top edge of the slope rising
from the bank of the stream. See § 212-124.B.
(2) On sites within the slope overlay area or unique natural area, there shall
be no excavation, grading or filling without the submission to the Zoning
Officer of an excavation, fill, and grading permit. Excavation, grading or
filling of more than 10 cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and
the associated cost shall be paid for by the applicant. This provision is not
applicable to projects with a valid permit from a county, state, or federal
agency; nor is it applicable to any projects with current site plan approval.
(3) In addition to the requirements of this article, any construction, grading,
or other activities shall be conducted in accordance with any federal,
state, or other local law or requirement pertaining to such activity,
including, but not limited to, any requirements of the New York State
Department of Environmental Conservation and the United States Army
Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
D. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or
walkways in unique natural areas or slope overlay areas, site plan
review procedures shall be followed, and the Planning Board may seek
recommendations from a licensed engineer selected by the Town and
paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid
the necessity for drivers to back their vehicles onto Route 89.
(2) Recommendations.
(a) Semi-pervious and pervious surfaces for driveways and parking areas
are encouraged to minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a
combination of pervious and impervious surface materials as needed
to provide for safe passage of traffic and to minimize the total area of
impervious surface, which would contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as
much as possible.
(d) Excavation and regrading of slopes for parking areas should be
minimized.
§ 212-49 Limitations on subdivision of parent tracts.
Any tract or parcel of land in common contiguous ownership at the time of the creation of
this zone on December 17, 2013, subject to other normally applicable subdivision laws and
regulations, may be subdivided to create up to and not more than three lots.
Article IX
CZ — Conservation Zone
§ 212-50 Purpose.
A. The purposes of the Conservation Zone are:
41
(1) To preserve the outstanding natural features in the Town of Ulysses in
accordance with the Town of Ulysses Comprehensive Plan (2009);
(2) To provide a regulatory framework through which development can occur
with minimal environmental impact;
(3) To preserve existing areas of contiguous open space, prevent destruction
of natural areas, preserve existing and potential agricultural land, and
promote mechanisms that protect these areas, such as enlarged stream
buffer areas, conservation easements, and deed restrictions when
considering any future land development; and
(4) To preserve the scenic beauty of the area to promote tourism as an
important benefit to the Town of Ulysses.
B. In particular, the following are important aspects or considerations for the
Conservation Zone:
(1) Among the natural values and ecological importance of this area are the
mature forest, plant and wildlife habitat, numerous streams, and natural
character. The Conservation Zone contains large areas of steep slopes,
wetlands, and highly erodible soil, where any future development may
have an adverse environmental impact on both the land and Cayuga Lake.
(2) In recognition of its natural and ecological significance, several large areas
of the Conservation Zone have been designated as unique natural areas by
the Tompkins County Environmental Management Council.
(3) The Town has designated a slope overlay area, which recognizes six soil
types that when disturbed are significantly erodible and unstable based on
their characteristics and slope steepness (see Article IV, Terminology).
C. Nothing in these regulations is intended to require or permit activities which
contravene any laws, rules, or regulations or permits of the United States or New
York State, or any agency thereof, nor are any of the provisions intended to
supersede any requirements for obtaining any permits or approvals required by
the United States or New York State, or any agency thereof.
§ 212-51 Permitted uses.
A. Only the following buildings or uses are permitted in this district, and site plan
approval, pursuant to the provisions of Article III, § 212-19, is required in unique
natural areas and slope overlay areas:
(1) Farm Operation.
(2) Single-family residences and their accessory buildings.
(3) Two-family residences and their accessory buildings.
(4) Two unattached single-family residences and their accessory buildings
where there is a minimum lot size of 10 acres.
(5) Any municipal or public utility necessary to the maintenance of utility
services except that substations and similar structures shall be subject to
the same setback requirements that apply to residences.
(6) Major solar collection system subject to the provisions of Article XX,
§ 212-139.2. [Added 11-24-2015 by L.L. No. 3-2015]
§ 212-52 Permitted accessory uses.
A. Only the following are permitted accessory uses, which are customarily incidental
to the permitted uses listed above in § 212-58:
(1) Accessory buildings, as defined in Article IV and subject to the
provisions of Article XXIV, § 212-167: Accessory Building.
(2) Accessory Dwelling Unit, subject to the provision of Article XX, § 212-
128.
(3) Adult care, family.
(4) Bed-and-breakfast establishments.
(5) Child care, family.
(6) Elder cottage, subject to the provisions of Article XX, § 212-139.5.
(7) Professional offices where such office is part of the residence property
and no more than three persons residing off the premises are
employed on site.
(8) Roadside stands, subject to the provisions of Article XX, § 212-135.
(9) Temporary building, as defined in Article IV.
(10) Minor solar collection system subject to the provisions of Article XX,
§ 212-139.1. [Added 11-24-2015 by L.L. No. 3-2015]
B. Site plan approval, pursuant to the provisions of Article III, § 212-19, is required in
42
unique natural areas and slope overlay areas for the permitted accessory uses
listed in this section.
C. Permitted accessory uses without site plan approval. Such uses as are customarily
incidental to the permitted uses listed above in this Article X, § 212-58.
(1) Signs as regulated under Article XX, § 212-122
(2) Home occupation where no more than one person residing off the
premises is employed.
§ 212-53 Uses allowed by special permit.
The following uses are allowed upon approval pursuant to Article III, § 212-18, subject to the
design standards in the Conservation Zone and site plan review by the Planning Board:
A. Museums and nature centers.
B. Public and private community parks, regional parks and preserves.
C. Residential care/assisted living.
D. Restaurants.
E. Bicycle/ski rental business.
§ 212-54 Lot area and yard requirements.
A. There shall be no more than two principal buildings on any lot in the Conservation
Zone where the lot size is less than 10 acres. Principal buildings shall be no less
than 30 feet apart. No elder cottage or Accessory Dwelling Unit may be placed on
a lot with two existing principal buildings.
B. Minimum lot area for one principal building shall be five acres.
C. Minimum lot width at front lot line shall be 400 feet.
D. Minimum lot depth shall be 450 feet.
E. Minimum front yard setback shall be 75 feet.
F. Minimum side yard setback shall be 50 feet.
G. Minimum rear yard setback 50 feet.
H. Maximum building height shall be 32 feet above average grade measured at the
building perimeter or as determined by the Planning Board when slope exceeds
15%. It is within the discretion of the Planning Board whether or not to allow any
building on slopes greater than 25%.
I. The maximum footprint of all new buildings shall be 2,000 square feet except
Accessory Dwelling Units which are limited to 1,200 square feet floor area (§ 212-
128).
J. Driveways and parking areas may be considered a building as part of the lot
coverage requirements at the discretion of the Planning Board.
K. Flag lots are permitted, subject to the standards set forth in Article XX, § 212-130.
L. Accessory buildings shall not occupy the front yard, except for roadside stands
(subject to provisions of Article XX, § 212-135), and a garage may be attached to
the front of a house.
M. Maximum lot coverage by permanent structures shall be 5% of the lot area.
§ 212-55 Design standards.
In the event of any conflict between the provisions of this § 212-55 and other provisions of
this chapter, the provisions of this section shall prevail.
A. Stream and wetland setbacks.
(1) Perennial and intermittent streams and wetlands are prominent
features of the Conservation Zone, and the condition of these water
bodies directly affects the health of Cayuga Lake and the fauna that
depend on the water for sustenance. As such, it is the intent of these
Conservation Zone regulations to ensure the continued preservation
and health of these many Cayuga Lake water resources for current and
future generations. (See§ 212-124 Standards for buffer areas).
(2) For the purposes of this section, wetlands are defined by both state,
federal and local governing regulations. Buffer areas apply to federal
and locally protected wetlands greater than 0.1 acre and all state
wetlands.
(3) No buildings, structures, paved areas, or storage of construction
equipment or machinery shall be located within the following buffer
areas: 50 linear feet of the bank of any perennial or intermittent
stream and 100 feet of any wetland. These buffer areas may be
increased by up to 50% should the Planning Board determine that such
an increase is necessary to protect water quality or to minimize the
43
impacts of erosion and sedimentation.
(4) During the site plan approval process where there is evidence of a
wetland, the Planning Board may require a wetland delineation study
to determine the exact boundaries and to evaluate potential impacts
of development on said wetland.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation,
especially noninvasive trees and shrubs, in the Conservation Zone in order
to prevent erosion, sedimentation of the lake and streams, and maintain
the rural, scenic nature of the Town.
(2) The intent of this section is to encourage landowners in this district to
preserve and encourage vegetation for the benefit of current and future
residents of the Town.
(3) The intent of the Town of Ulysses is to preserve the natural features of the
Conservation Zone and, as such, to allow development that uses
mechanisms that minimize disruption of the current ecological balance.
The Zoning Officer and Planning Board shall review all development with
the following guidelines when reviewing a site plan for approval.
(4) Requirements. Tree removal, except clear-cutting, is allowed in the
Conservation Zone outside of unique natural areas or slope overlay areas.
Tree removal is allowed in the Conservation Zone in the unique natural
areas or slope overlay areas according to the following terms and
conditions:
(a) Without Town approval: a tree or trees whose location and conditions
combine to make it a threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid
building permit: those trees that are in the footprint of a construction
site, septic system, parking areas, and the driveway access.
(c) Clear-cutting of forest stands for any use other than necessary minimal
clearing for the requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland
management plan shall be filed with and approved by the Zoning
Officer and/or the Town's consulting forester for multiple trees
removed for the landowner's firewood or lumber use, and for forest
management and forest improvement. A woodland management plan
shall be prepared by a professional forester with Society of American
Foresters certification or by a cooperating consulting forester with the
New York State Department of Environmental Conservation.
(5) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a
woodland management plan is recommended when removing multiple
trees for the landowner's firewood or lumber use and for forest
management and forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent
practicable to minimize runoff.
(c) Buffer areas proximal to water bodies are to be promoted using
noninvasive native plants to protect water resources.
(d) Retain existing stone walls.
(e) Removal of trees for the purpose of expanding a view is discouraged.
(f) Removal of trees for the purpose of expanding sunlight exposure is
discouraged.
(g) Native plants should be encouraged, especially shrubs and trees that
produce edible fruit and nuts for wildlife.
(h) Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway
maple, etc.) is encouraged so long as this effort does not contribute to
significant soil disturbance or erosion.
(i) Wildlife habitats, biological corridors, contiguous forests, and open
space linkages should be encouraged and preserved.
(j) Dead trees that do not pose a threat to life, property, or a healthy
forest should be left to provide wildlife habitat for both birds and
animals.
(k) New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(l) Regrading should blend in with the natural contours and undulations of
the land.
44
(m) Siting of buildings should be below ridgelines or hilltops.
(n) Where possible, buildings and structures should be located on the
edges of open fields to minimize visual impacts.
(o) Buildings proposed to be located within significant viewing areas
should be screened and landscaped to minimize their intrusion on the
character of the area.
(p) Building design should harmonize with the natural setting.
(q) Building materials should harmonize with their natural setting and be
compatible with neighboring land uses.
C. Soil and sediment control.
(1) A structure or parking area shall have a minimum setback to perennial and
intermittent streams of 50 feet, as measured from the top edge of the
slope rising from the bank of the stream. See § 212-124.B of this chapter.
(2) On sites within the slope overlay area or unique natural area, there shall
be no excavation, grading or filling without the submission to the Zoning
Officer of an excavation, fill, and grading permit. Excavation, grading or
filling of more than 10 cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and
the associated cost shall be paid for by the applicant. This provision is not
applicable to projects with a valid permit from a county, state, or federal
agency; nor is it applicable to any projects with current site plan approval.
(3) In addition to the requirements of this article, any construction, grading,
or other activities shall be conducted in accordance with any federal,
state, or other local law or requirement pertaining to such activity,
including, but not limited to, any requirements of the New York State
Department of Environmental Conservation and the United States Army
Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
D. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or
walkways in unique natural areas or slope overlay areas, site plan
review procedures shall be followed, and the Planning Board may seek
recommendations from a licensed engineer selected by the Town and
paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid
the necessity for drivers to back their vehicles onto roads.
(2) Recommendations.
(a) Semi-pervious and pervious surfaces for driveways and parking areas
are encouraged to minimize runoff and erosion.
(b) Driveways and parking areas should be designed to include a
combination of pervious and impervious surface materials as needed
to provide for safe passage of traffic and to minimize the total area of
impervious surface which would contribute to runoff.
(c) Driveways and parking areas should follow contour lines of the land as
much as possible.
(d) Excavation and regrading of slopes for parking areas should be
minimized.
E. Limitations on subdivision of parent tracts.
(1) Any tract or parcel of land in common contiguous ownership at the time of
the creation of this zone on December 17, 2013, subject to other normally
applicable subdivision laws and regulations, may be subdivided to create up
to and not more than 3 lots.
Article X
RM — Multiple-Residence Zone
§ 212-56 Purpose.
The purpose of the RM—Multiple-Residence Zone is to expand opportunities for quality and
affordable rental housing in the Town and to protect existing and future single-family and
two-family residential neighborhoods, consistent with the Ulysses Comprehensive Plan and
the goals of organized and logical growth, increased employment opportunities and an
increased tax base.
§ 212-57 Establishment of zone.
An RM—Multiple-Residence Zone may be established in any R—Residential Zone or HC—
Hamlet Center Zone of the Town that is served by municipal water and shall be established by
an amendment to this chapter by act of the Town Board, pursuant to Article III, § 212-20.
45
§ 212-58 Permitted uses.
In the RM—Multiple-Residence Zone, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other
than the following:
A. Flag lots, subject to the standards set forth in Article XX, § 212-130.
B. Multiple-family residences, subject to site plan approval pursuant to Article III,
§ 212-19, and the standards set forth in Article XX, § 212-133, and their accessory
buildings.
C. Single-family residences and their accessory buildings.
D. Two-family residences and their accessory buildings.
E. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212--59 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses, including rental offices,
storage sheds, coin-operated laundry facilities for use by residents, and refuse dumpsters, as
well as the following:
A. Family child care.
B. Family adult care.
C. Garages provided for the use of residents only
D. Minor solar collection system subject to the provisions of Article XX, § 212-
139.1. [Added 11-24-2015 by L.L. No. 3-2015]
E. Signs as regulated under Article XX, § 212-122, and also note § 212-122D.
F. Temporary buildings as defined in Article IV.
G. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212--60 Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-
18, and subject to the design standards set forth in Article XX:
A. Child-care centers, group child care.
B. Community centers.
§ 212-61 Lot area and yard requirements.
A. Minimum lot area shall be one acre.
B. Maximum allowed density shall be one dwelling for each 3,500 square feet of lot
area.
C. Minimum lot width at front lot line shall be 160 feet.
D. Minimum lot depth shall be 250 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setbacks shall be 25 feet, except that accessory buildings,
excluding garages, not exceeding 10 feet in height, may be placed not less than 10
feet from a side lot line.
G. Minimum rear yard setback shall be 25 feet, except that accessory buildings,
excluding garages not exceeding 10 feet in height, may be placed not less than 10
feet from a rear lot line.
H. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
I. Maximum lot coverage by buildings, parking areas, driveways, walkways and
other impervious surfaces shall not exceed 50% of total parcel area.
§ 212-62 Buffer areas.
Buildings or other structures or parking areas shall be located as provided in § 212-124.
Article XI
MHP — Manufactured Home Park Zone
§ 212-63 Purpose.
The purpose of the MHP—Manufactured Home Park Zone is to expand opportunities for
quality and affordable housing in the Town and to protect existing and future single-family
and two-family residential neighborhoods, consistent with the Ulysses Comprehensive Plan
and the goals of organized and logical growth, increased employment opportunities and an
increased tax base.
§ 212-64 Permitted uses.
In the MHP—Manufactured Home Park Zone, no building or structure shall be erected,
altered or extended, and no land or building thereof shall be used for any purpose or
46
purposes other than the following:
A. Campground, seasonal subject to the provisions of Article XX, § 212-127.
B. Doublewide manufactured homes and their accessory buildings.
C. Singlewide manufactured homes and their accessory buildings.
D. Single-family residences and their accessory buildings subject to provisions in
§ 212-167.
E. Two-family residences and their accessory buildings subject to provisions in § 212-
167.
§ 212-65 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses, including rental offices,
storage sheds, coin-operated laundry facilities for use by residents, and refuse dumpsters, as
well as the following:
A. Family adult care.
B. Family child care.
C. Garages provided for the use of residents only.
D. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122D.
E. Storage sheds for the use of residents of individual lots, provided that said shed is
shown on an approved site plan.
F. Self-service storage facilities, provided solely for the use of park residents, and
provided that said facilities are shown on an approved site plan.
G. Temporary buildings as defined in Article IV.
H. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
I. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-66 Uses permitted by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-
18, subject to the design standards set forth in Article XX:
A. Child-care centers, group child care.
B. Community centers.
C. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-67 Lot area and yard requirements.
A. Minimum lot area shall be one acre.
B. Maximum allowed density shall be one dwelling for each 6,000 square feet of lot
area.
C. Minimum lot width at front lot line shall be 160 feet.
D. Minimum lot depth shall be 250 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setbacks shall be 25 feet, except that accessory buildings,
excluding garages, not exceeding 10 feet in height, may be placed not less than 10
feet from a side lot line.
G. Minimum rear yard setback shall be 25 feet, except that accessory buildings,
excluding garages not exceeding 10 feet in height, may be placed not less than 10
feet from a rear lot line.
H. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
I. Maximum lot coverage by buildings, parking areas, driveways, walkways and
other impervious surfaces shall not exceed 50% of total parcel area.
§ 212-68 Buffer areas.
Streams and wetlands are required to a have a protective setback as defined in § 212-124
Article XII
HC — Hamlet Center Zone
§ 212-69 Purpose.
The purpose of the HC1—Hamlet Center is to provide opportunities for village- and hamlet-
scale residential and small-scale, pedestrian-oriented, commercial development to serve the
varied needs of local residents, to encourage redevelopment of the Town's hamlet, and to
provide the Town with the ability to assert reasonable controls over such development
47
consistent with the Ulysses Comprehensive Plan and the goals of organized and logical
growth, increased employment opportunities and an increased tax base.
§ 212-70 Permitted uses.
In the HC—Hamlet Center, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the
following:
A. Single-family residence and their accessory buildings.
B. Two-family residence and their accessory buildings.
§ 212-71 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory building for business.
B. Accessory Dwelling Unit, subject to the provisions of Article XX, § 212-128.
C. Bed-and-breakfast establishments.
D. Elder cottages, subject to the provisions of Article XX, § 212-139.5.
E. Family child care.
F. Family adult care.
G. Home occupations.
H. Minor solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
I. Off-street loading areas.
J. Professional offices, where such office is part of the residence property and no
more than three persons not residing on the premises are employed.
K. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122F.
L. Temporary buildings as defined in Article IV.
M. Vehicle parking, pursuant to the provisions of Article XX, § 212-121. Limited
parking is permitted between the facade of a primary building and the street; most
parking must be located to the side or behind primary buildings.
§ 212-72 Uses permitted by site plan approval.
The following uses are allowed upon approval of a site plan by the Planning Board pursuant to
Article III, § 212-19, subject to the design standards set forth in relevant sections of Article XX:
A. Adult care centers.
B. Adult group care.
C. Banks and other financial institutions, provided that there is no drive-through
window.
D. Child-care centers, group child care.
E. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses.
F. Clinics.
G. Community centers.
H. Fire stations and other public buildings necessary for the protection or servicing of
a neighborhood.
I. Clubhouse, hall, post, temple and other facilities associated with the activities of
social organizations, except that the on-premises sale of alcoholic beverages is
prohibited.
J. Funeral homes.
K. Gasoline and other retail vehicle fuel sales, subject to the standards set forth in
Article XX, § 212-131, and subject to the requirement that no gasoline or other
retail vehicle fuel sales business locate within 1 mile of any existing gasoline or
other retail vehicle fuel sales business.
L. Inn.
M. Libraries, museums.
N. Life-care facilities.
48
O. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015]
P. Residence, Multiple-family, subject to the provisions of Article XX, § 212-133.
Q. Outdoor dining facilities, excluding any permanent structures within any required
setback areas.
R. Places of amusement, such as theatres, including bowling alleys, game arcades,
and skating rinks.
S. Professional offices.
T. Public and private schools, nursery schools and institutions of higher education.
U. Public and private community parks and preserves.
V. Residential care/assisted living/rehabilitation facilities.
W. Restaurants, bars and other places for serving food and beverages, and provided
that there is no drive-through window.
X. Repair Shop, Personal services, provided the establishment does not exceed 5,000
gross square feet in floor area, with the exception of basement storage areas
Y. Retail use, provided the establishment does not exceed 5,000 gross square feet in
floor area, with the exception of basement storage areas, and provided that there
is no drive-through window.
§ 212-73 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot in the HC—Hamlet
Center Zone.
B. Minimum lot area shall be 10,000 square feet.
C. Minimum lot width at front lot line setback shall be 50 feet.
D. Minimum lot depth shall be 120 feet.
E. Minimum front yard setback shall be 10 feet for all single-family and two-family
residences, bed-and-breakfast establishments and adult- and child-care facilities,
and zero feet for all other uses.
F. Minimum side yard setback shall be five feet, except in the instance where two or
more single-family dwellings are attached with a common wall, or two or more
commercial structures are attached with a common wall, in which case the setback
may be zero feet. Property owners are encouraged, but not required, to minimize
driveway impacts by creating shared driveway easements.
G. Minimum rear yard setback shall be 10 feet, except for detached garages and other
accessory buildings or parking lots, in which case the minimum setback shall be five
feet.
H. Maximum building height for any building or structure shall be 40 feet above
average grade measured at the building perimeter.
I. Maximum lot coverage of all buildings shall be 50% of the lot area unless otherwise
noted.
J. Maximum floor area of a new building shall be 5,000 square feet except an
Accessory Dwelling Units (see § 212-128).
§ 212-74 Form requirements.
A. All primary buildings must include a primary entrance facing the street.
Primary entrances should be architecturally detailed incorporating a porch, stoop, or lightwell
for single-family homes and porch, stoop, lightwell, canopy, awning or marquis entries for all
other primary buildings.
B. New buildings and any new lots should be designed so that buildings fill a minimum of 50%
of the lot width in the Hamlet Center.
C. Buildings including commercial uses must include transparent windows with a view to the
building interior covering least 50% of the street facing facade area between 3 feet and 8 feet
above grade.
D. New “residence, multiple-family” and non-residential buildings on lots larger than 10,000
square feet must include at least one entry facing the street for every 60 feet of frontage.
E. New buildings must include architectural features such as peaked roofs, architectural
brackets supporting a flat roof or an architectural cornice facing the street.
49
F. New buildings may not have blank walls longer than 30 feet facing any street.
§ 212-75 Buffer areas.
Buildings or other structures or parking areas are required to be setback from perennial and
intermittent streams and any state, federal or locally designated wetlands as provided in §
212-124.
Article XIII HN—Hamlet Neighborhood Zone
§ 212-76 Purpose.
The purpose of an HN—Hamlet Neighborhood is to provide opportunities for village- and
hamlet-scale residential development to serve the varied housing needs of the residents
while preserving the historical nature of the Town. This zone encourages the redevelopment
of the Town's hamlets while providing the Town and the residents of the zone with the ability
to assert reasonable controls over development in the designated zone that is consistent with
the Comprehensive Plan, the historic nature of the zone, and organized and logical growth
§ 212-77 Permitted uses.
In the HN—Hamlet Neighborhood, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other
than the following:
A. Single-family residence and their accessory buildings, subject to Article XXIV § 212-
167: Accessory Buildings.
B. Two-family residence and their accessory buildings, subject to Article XXIV § 212-
167: Accessory Buildings.
§ 212-78 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory buildings, subject to Article XXIV § 212-167: Accessory Buildings.
B. Bed-and-breakfast establishments.
C. Accessory dwelling unit, subject to the provisions of Article XX, § 212-128.
D. Family child care.
E. Family adult care.
F. Home occupations.
G. Professional offices, where such office is part of the residence property and no
more than three persons not residing on the premises are employed.
H. Signs as regulated under Article XX, § 212-122.
I. Temporary buildings as defined in Article IV.
J. Vehicle parking, pursuant to the provisions of Article XX, § 212-121. Limited
parking is permitted between the facade of a primary building and the street; most
parking must be located to the side or behind primary buildings.
K. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-79 Uses permitted by Site plan review.
The following uses are allowed upon site plan approval by the Planning Board pursuant to
Article III, § 212-19, subject to the design standards set forth in relevant sections of Article XX:
A. Adult group care.
B. Child-care centers, group child care.
C. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses.
D. Community center.
E. Clubhouse, hall, post, temple and other facilities associated with the activities of
social organizations, except that the on-premises sale of alcoholic beverages is
prohibited.
F. Library, museum.
G. Residence, Multiple-family, subject to the provisions of Article XX, § 212-133.
H. Nursery school.
I. Public and private community parks and preserves.
J. Residential care/assisted living/rehabilitation facilities.
K. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
50
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-80 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot.
B. Minimum lot area shall be 21,780 square feet (1/2 acre).
C. Minimum lot width at front yard setback shall be 50 feet.
D. Minimum lot depth shall be 175 feet.
E. Minimum front yard setback shall be 20 feet.
F. Minimum side yard setback shall be 15 feet.
G. Minimum rear yard setback shall be 35 feet, except for detached garages and
other accessory buildings, in which case the minimum setback shall be five feet.
H. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
I. Maximum lot coverage for all buildings and structures shall be 30% of the lot area.
J. Flag lots, subject to the standards set forth in Article XX, § 212-130.
K. Maximum floor area of a new building shall be 5,000 square feet except Accessory
Dwelling Units pursuant to § 212-128 (Standards for Accessory Dwelling Units).
§ 212-81 Buffers.
No buildings or other structures, or parking areas, shall be located within 50 feet from a
perennial or intermittent stream edge or any wetland as defined by local, state or federal law
and further provided for in §212-124.
§ 212-82 Reserved
Article XIV
WH — Waterburg Hamlet Zone
§ 212-83 Purpose.
The purpose of an WH—Waterburg Hamlet Zone is to provide opportunities for village- and
hamlet-scale residential development to serve the varied housing needs of the residents
while preserving the historical nature of the Town. This zone encourages the redevelopment
of the Town's hamlets while providing the Town and the residents of the zone with the ability
to assert reasonable controls over development in the designated zone that is consistent with
the Comprehensive Plan, the historic nature of the zone, and organized and logical growth.
§ 212-84 Permitted uses.
In the WH—Waterburg Hamlet Zone, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other
than the following:
A. Single-family residences and their accessory buildings.
B. Two-family residences in the same dwelling and their accessory buildings.
§ 212-85 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory building, subject to Article XXIV § 212-167: Accessory Buildings.
B. Accessory Dwelling Units, subject to provisions of Article XX, § 212-128
C. Bed-and-breakfast establishments.
D. Elder cottages, subject to the provisions of Article XX, § 212-139.5.
E. Family child care.
F. Family adult care.
G. Home occupations.
H. Professional offices where such office is part of the residence building and no
more than three persons not residing on the premises are employed.
I. Signs as regulated under Article XX, § 212-122E.
J. Temporary building as defined in Article IV.
K. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
L. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-86 Uses permitted by Site Plan Review.
The following uses are allowed upon approval of a site plan pursuant to Article III, § 212-19,
subject to the standards set forth in Article XX:
A. Adult care centers
51
B. Adult group care.
C. Church, mosque, synagogue, temple or other place of worship, convent, rectory,
parish houses.
D. Community center.
E. Library, museum.
F. Nursery school.
G. Public and private community parks and preserves.
§ 212-87 Lot area and yard requirements.
A. There shall be no more than one principal building on any lot.
B. Minimum lot area shall be 2 acres.
C. Minimum lot width at front yard setback shall be 400 feet.
D. Minimum lot depth shall be 200 feet.
E. Minimum front yard setback shall be 50 feet.
F. Minimum side yard setback shall be 30 feet.
G. Minimum rear yard setback shall be 75 feet,
H. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
I. Maximum lot coverage shall be 15% of the lot area.
J. Maximum floor area of a new building shall be 5,000 square feet except
Accessory Dwelling Units pursuant to § 212-128.
K. No buildings or other structures, or parking areas, shall be located within 50 feet
from a perennial or intermittent stream edge or any wetland as defined by local or
federal law and 100 feet for any state designated wetland. See also §212-124:
Buffers.
Article XV
B1 — Business Zone
§ 212-88 Purpose.
The purpose of the B1—Business Zone is to provide opportunities for neighborhood-scale
retail commercial development in appropriate locations in the Town of Ulysses to serve the
needs of local residents, and to provide the Town with the ability to assert reasonable
controls over commercial development consistent with the Ulysses Comprehensive Plan and
the goals of organized and logical growth, increased employment opportunities and an
increased tax base.
§ 212-89 Permitted uses.
In the B1—Business Zone, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the
following, upon receipt of site plan approval from the Planning Board, pursuant to the
provisions of Article III, § 212-19:
A. Adult care centers.
B. Business and professional offices.
C. Banks and other financial institutions.
D. Boarding house.
E. Child-care centers, group child-care centers.
F. Communication transmission towers and telecommunications facilities, subject to
the provisions of Article XXII.
G. Community centers.
H. Conference centers.
I. Dry cleaners.
J. Fire stations and other public buildings necessary for the protection or servicing of
a neighborhood.
K. Fraternal organizations and their clubhouse, hall, post, temple and other facilities
associated with the activities of the organization.
L. Funeral homes.
52
M. Gasoline and other retail vehicle fuel sales, subject to the standards set forth in
Article XX, § 212-131.
N. Health clubs.
O. Hospitals.
P. Hotels.
Q. Marinas.
R. Places of amusement, such as theatres, including drive-in theatres, bowling alleys,
game arcades, miniature golf courses and skating rinks.
S. Private schools, nursery schools, institutions of higher learning including
dormitories.
T. Restaurants, bars and other places for serving food and beverages.
U. Retail lumber and building-supply centers.
V. W. Retail services, such as barber shops or hairdressers; decorators,
dressmakers or tailors; opticians; photographers; film developing, printing,
photocopying and digital imaging; video, DVD and other electronic visual and
audio entertainment media rentals; and businesses of a similar and no more
intense nature.
W. Retail stores, provided the establishment does not exceed 12,000 gross square
feet in floor area, with the exception of basement storage areas, and operates only
between the hours of 6:00 a.m. and 11:00 p.m.
X. Self-service storage facilities, subject to the standards set forth in Article XX, § 212-
137.
§ 212-90 Permitted accessory uses.
In the B1—Business Zone, no building or structure shall be erected, altered, or extended, and
no land or building thereof shall be used for any purpose other than the following, upon
receipt of site plan approval from the Planning Board, pursuant to the provisions of Article III,
§ 212-19.
A. Accessory buildings, subject to Article XXIV § 212-167 Accessory Buildings.
B. Off-street loading areas.
C. Temporary buildings, as defined in Article IV.
D. Signs as regulated under Article XX, § 212-122, and also note § 212-122F.
E. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
F. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-91 Uses permitted by special permit.
The following uses are allowed within the B1—Business Zone upon receipt of approval for a
special permit, per Article III, § 212-18, upon receipt of approval for site plan approval from
the Planning Board, pursuant to the provisions of Article III, § 212-19:
A. Any establishment ordinarily operating between the hours of 11:00 p.m. and 6:00
a.m.
B. Drive-through restaurants.
C. Major solar collection system subject to the provisions of Article XX, § 212-139.2.
[Added 11-24-2015 by L.L. No. 3-2015].
D. Multiple dwellings and their accessory buildings.
E. One and two-family dwellings and their accessory buildings.
F. Vehicle and boat sales, rentals, service, auto body and repair shops.
§ 212-92 Lot area and yard requirements.
A. Minimum lot area: none.
B. Minimum lot width at front lot line: none.
C. Minimum lot depth: none.
D. Minimum front yard setback shall be 30 feet.
E. Minimum side yard setbacks shall be 15 feet or as required by the New York State
Fire Prevention Code, whichever is greater.
F. Minimum rear setback shall be 15 feet.
G. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
53
H. Maximum lot coverage by all buildings, structures and impervious surfaces shall be
70% of the lot area.
I. No parking shall be allowed within the required front yard setback.
J. No outdoor display of products shall be allowed within the front yard setback.
K. Maximum floor area of a new building shall be 20,000 square feet except where
otherwise noted.
§ 212-93 Buffer areas.
A. Wherever a B1—Business Zone abuts an R—Residential Zone, RM—Multiple-
Residence Zone, WH—Waterburg Hamlet Zone, or HC—Hamlet Center Zone, or
HN Hamlet Neighborhood Zone there shall be in addition to the required side yard
and rear yard a vegetated buffer area of not less than 35 feet. No building or
structure, parking or outside storage of any kind shall be allowed within this buffer
area.
B. No buildings or other structures, or parking areas, shall be located within 100 feet
from any stream or any wetland as defined by local, state or federal law. With the
exception of stream crossings, no roadways shall be located within 50 feet from a
stream or any wetland as defined by local, state or federal law. Streams are
required to have a stream protection setback as defined in Article XX, § 212-124.
C. All buffer area plantings shall be subject to the requirements of Article XX, § 212-
124.
§ 212-94 Building permits.
No building permit shall be issued for a building or structure within a B1—Business Zone
unless the proposed building or structure is in accordance with an approved site plan, except
as provided for in Article III, § 212-19J.
Article XVI
MZ — Marina Zone
§ 212-95 Purpose.
The purpose of the MZ—Marina Zone is to preserve and protect the natural, environmental,
and historic resources of the lakeshore and to provide waterfront access to Cayuga Lake.
§ 212-96 Permitted uses.
In the MZ—Marina Zone, no building or structure shall be erected, altered or extended, and
no land or building thereof shall be used for any purpose or purposes other than the
following:
A. Recreational facility, such as park, playground, preserve, fishing pier, or yacht club.
§ 212-97 Permitted accessory uses.
Such necessary uses as are customarily incidental to the above uses:
A. Accessory buildings, subject to Article XXIV § 212-167 Accessory Buildings.
B. Docks and moorings as regulated by state and federal agencies.
C. Single-family residence and their accessory buildings.
D. Signs as regulated under Article XX, § 212-122.
E. Swimming beach, as regulated by Tompkins County Health Department.
F. Temporary buildings and structures used for office, sales, storage and fabrication
activities related to the development of a site, provided that such building or
structure may not be continued for more than one year except upon receipt of a
special permit.
G. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
H. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-98 Uses permitted by site plan review.
The following uses are allowed within the MZ—Marina Zone upon receipt of site plan
approval from the Planning Board pursuant to Article III, § 212-19, and subject to the design
standards set forth in relevant sections of Article XX:
A. Business or professional office.
B. Sale, rental, repair, or storage of marine-related recreation equipment, such as
boats, sails.
C. Restaurant.
§ 212-99 Uses permitted by special permit.
The following uses are allowed within the MZ—Marina Zone upon approval of a special
permit pursuant to Article III, § 212-18, upon receipt of site plan approval from the Planning
Board pursuant to Article III, § 212-19, and subject to the design standards set forth in
relevant sections of Article XX:
A. Campgrounds and group campgrounds, subject to the provisions of Article XX,
§ 212-127.
54
B. Cultural facility, such as museum or nature center.
C. Hotel.
D. Public, private, or parochial school.
§ 212-100 Lot area and yard requirements.
A. Minimum lot area shall be five acres.
B. Minimum lot width at front lot line shall be 250 feet. In the case of lots with
frontage on a lake, minimum lot width shall be measured at the front yard setback
opposite the side fronting on the lake.
C. Minimum lot depth shall be 250 feet.
D. Minimum front yard setback shall be 50 feet.
E. Minimum side yard setbacks shall be 50 feet.
F. Minimum rear setback shall be 50 feet.
G. Maximum building height shall be 32 feet.
H. Maximum lot coverage shall be 5% of the lot area.
I. Maximum footprint of a new building shall be 2,000 square feet
J. The above notwithstanding, in the case of a lot with frontage on a lake, accessory
uses such as boathouses, pump houses, docks, piers, boat ramps, patios, decks and
other facilities typically associated with water-oriented recreational pursuits are
permitted within the front yard setback area fronting on the lake; provided,
however, that they are located outside the required side yard setback areas.
§ 212-101 Buffer areas.
No buildings or other structures, or parking areas, shall be located within 100 feet from a
perennial or intermittent stream edge or any wetland as defined by local, state or federal law
and further provided for in §212-124.
§ 212-102 Design standards.
A. Streams.
(1) Perennial and intermittent streams are, and wetlands may become,
prominent features of the Marina Zone, and the condition of these
water bodies directly affects the health of Cayuga Lake and the various
creatures that depend on the water for sustenance. As such, it is the
intent of these Marina Zone regulations to ensure the continued
preservation and health of these many Cayuga Lake tributaries for
current and future generations.
(2) For the purposes of this section, the area of a wetland is defined by
both state, local and federal governing regulations. Buffer areas apply
to local and federally protected wetlands greater than 0.1 acre.
(3) All perennial and intermittent streams and all state, federal, and locally
designated wetlands are required to have a protective setback as
defined in § 212-124.b and § 212-101.
(4) Requirements.
(a) To the extent possible, perennial and intermittent streams shall
be protected from sediment, effluent, sewage, and driveway
runoff.
(b) Diverting or altering the course of perennial or intermittent
streams shall be prohibited, except where a NYSDEC permit is
obtained in advance of starting work.
(c) Unless otherwise authorized by the Planning Board or state or
federal agency, no disturbance as listed previously in this
section shall be located within 100 feet of any wetland.
(d) During the site plan approval process where there is evidence of
a wetland, the Planning Board may require a wetland
delineation study to determine potential impacts of
development on said wetland.
(5) Recommendations.
(a) Plowing of salt laden snow from driveways into streams should be
avoided.
(b) The proximity of docks to mouths of tributaries should consider
natural variation in stream boundary location so as to not interfere
with stream flow over time.
(c) Stream bank vegetation should be encouraged to minimize
55
erosion. Where necessary, stream banks should be replanted with
native species.
(d) Flow of water in Cayuga Lake tributaries should not be impeded by
human-made structures in or spanning streams.
B. Vegetation and landscape.
(1) The intent of the Town of Ulysses is to preserve and encourage vegetation,
especially noninvasive trees and shrubs, in the Marina Zone in order to
prevent erosion, sedimentation of the lake and streams, and maintain the
rural, scenic nature of the Town. The intent of this section is to encourage
landowners in this zone to preserve and encourage vegetation for the
benefit of current and future residents of the Town.
(2) The intent of the Town of Ulysses is to preserve the natural features of the
Marina Zone and, as such, to allow development that uses mechanisms
that minimize disruption of the current ecological balance. The Zoning
Officer and Planning Board shall review all development with the following
guidelines when reviewing a site plan for approval.
(3) Requirements. Tree removal, except clear-cutting, is allowed in the Marina
Zone outside of unique natural areas or slope overlay areas. Tree removal
is allowed in the Marina Zone in the unique natural areas or slope overlay
areas according to the following terms and conditions:
(a) Without Town approval: a tree or trees whose location and conditions
combine to make it a threat to human life or property.
(b) With the approval of the Zoning Officer and the possession of a valid
building permit: those trees that are in the footprint of a construction
site, septic system, parking areas, and the driveway access.
(c) Clear-cutting of forest stands for any use other than necessary minimal
clearing for the requirements of a building project is prohibited.
(d) In unique natural areas or slope overlay areas, a woodland
management plan shall be filed with and approved by the Zoning
Officer and/or the Town's consulting forester for multiple trees
removed for the landowner's firewood or lumber use, and for forest
management and forest improvement. A woodland management plan
shall be prepared by a professional forester with Society of American
Foresters certification or by a cooperating consulting forester with the
New York State Department of Environmental Conservation.
(4) Recommendations.
(a) In areas outside of unique natural areas and slope overlay areas, a
woodland management plan is recommended when removing multiple
trees for firewood or lumber use and for forest management and
forest improvement.
(b) Existing noninvasive vegetation should be maintained to the extent
practicable to minimize runoff.
(c) Buffer areas proximal to water bodies are to be promoted using
noninvasive plants to protect water resources.
(d) Removal of trees for the purpose of expanding a view is discouraged.
(e) Removal of trees for the purpose of expanding sunlight exposure is
discouraged.
(f) Native plants should be encouraged, especially shrubs and trees that
produce edible fruit and nuts for wildlife.
(g) Removal of invasive plants (garlic mustard, swallowwort, barberry,
honeysuckle, buckthorn, multiflora rose, Russian olive and Norway
maple, etc.) is encouraged so long as this effort does not contribute to
significant soil disturbance or erosion.
(h) Wildlife habitats, biological corridors, contiguous forests, and open
space linkages should be encouraged and preserved.
(i) Dead trees that do not pose a threat to life, property or a healthy
forest should be left to provide wildlife habitat for both birds and
animals.
(j) New development should not compromise scenic views, in particular
viewing points from adjacent roads and trails.
(k) Regrading should blend in with the natural contours and undulations of
the land.
(l) Buildings proposed to be located within significant viewing areas
should be screened and landscaped to minimize their intrusion on the
character of the area.
(m) Building design should harmonize with the natural setting.
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(n) Building materials should harmonize with their natural setting and be
compatible with neighboring land uses.
C. Soil and sediment control.
(1) All streams and state, federal, and locally designated wetlands are
required to a have a protective setback as defined in §212-101 and § 212-
124. b.
(2) On sites within the slope overlay area or unique natural area, there shall
be no excavation, grading or filling without the submission to the Zoning
Officer of an excavation, fill, and grading permit. Excavation, grading or
filling of more than 10 cubic yards is subject to site plan approval. The
Planning Board may seek recommendations from the Town Engineer, and
the associated cost shall be paid for by the applicant. This provision is not
applicable to projects with a valid permit from a county, state, or federal
agency; nor is it applicable to any projects with current site plan approval.
(3) In addition to the requirements of this article, any construction, grading,
or other activities shall be conducted in accordance with any federal,
state, or other local law or requirement pertaining to such activity,
including, but not limited to, any requirements of the New York State
Department of Environmental Conservation and the United States Army
Corps of Engineers.
(4) Roads and driveways should follow existing contours to the extent
practicable to minimize erosion from cuts and fills.
D. Driveways and parking.
(1) Requirements.
(a) For new impervious surfaces proposed for driveways, parking areas, or
walkways in unique natural areas or slope overlay areas, site plan
review procedures shall be followed, and the Planning Board may seek
recommendations from a licensed engineer selected by the Town and
paid for by the applicant.
(b) For safety purposes, parking areas shall be designed and built to avoid
the necessity for drivers to back their vehicles onto Route 89.
(2) Recommendations.
a) Semi-pervious and pervious surfaces for driveways and parking areas
are encouraged to minimize runoff and erosion.
b) Driveways and parking areas should be designed to include a
combination of pervious and impervious surface materials as needed to
provide for safe passage of traffic and to minimize the total area of
impervious surface, which would contribute to runoff.
c) Driveways and parking areas should follow contour lines of the land as
much as possible.
d) Excavation and regrading of slopes for parking areas should be
minimized.
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Article XVII
OTMU — Office/Technology Mixed Use Zone
§ 212-103 Purpose.
The purpose of the OTMU – Office Technology Mixed Use Zone is to provide for employment,
support local entrepreneurs and stimulate local economic development by providing areas
where land uses may include office, research and development; light industrial; overnight
lodging accommodations and commercial and service businesses to support area workers and
residents. This zone is intended for low-impact and moderate-impact employment uses,
which may benefit from close proximity to, but clear separation from residential
neighborhoods, and is located adjacent to a state highway access point.
§ 212-104 Permitted uses.
In the OTMU – Office Technology Mixed Use Zone, no building or structure shall be erected,
altered or extended, and no land or building thereof shall be used for any purpose or
purposes other than the following:
A. Agricultural events, subject to standards set forth in Chapter 142: Special Events.
B. Commercial stable, subject to the standards set forth in Article XX, §212-138.
C. Farm Operation.
D. On-farm labor housing.
§ 212-105 Permitted accessory uses.
In the OTMU – Office Technology Mixed Use Zone, no building or structure shall be erected,
altered or extended, and no land or building thereof shall be used for any purpose or
purposes other than the following:
A. Accessory buildings, subject to Article XXIV § 212-167: Accessory Buildings.
B. Child-care centers, group child care, family child care.
C. Cottage industry; if structure or use of land exceeds the square footage of the
principal dwelling, site plan approval is required.
D. Farm operation, accessory commerce.
E. Fences and walls, subject to the provisions of Article XX, §212-162.
F. Home occupation.
G. Minor solar collection system, subject to the provisions of Article XX, §212-139.1.
H. Off-street loading areas.
I. Roadside stands, subject to the provisions of Article XX, § 212-135.
J. Indoor and outdoor dining facilities, except that such facilities shall be for the
exclusive use of employees or their guests.
K. Off-street loading areas.
L. Signs as regulated under Article XX, § 212-122; also note Article XX, § 212-122F.
M. Temporary buildings as defined in Article IV.
N. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
§ 212-106 Uses allowed by site plan approval.
In the OTMU – Office Technology Mixed Use Zone, no building or structure shall be erected,
altered or extended, and no land or building thereof shall be used for any purpose
or purposes other than the following, upon receipt of site plan approval pursuant
to Article III, § 212-19:
A. Adult entertainment businesses, subject to the standards set forth in Article XX, §
212-125.
B. Auction house.
C. Artist’s studio.
D. Bicycle/ski rental business.
E. Professional offices.
F. Churches, mosques, synagogues, temples and other places of worship, convents,
rectories, parish houses.
G. Clinic.
H. Communication transmission towers and telecommunications facilities, subject to
the provisions of Article XXII.
I. Conference center.
J. Facilities for agricultural education and recreation events.
K. Farm breweries, farm cideries, farm distilleries, farm wineries.
L. Fire stations and other public buildings necessary for the protection or servicing of
a neighborhood.
M. Health club.
N. Hospital.
O. Hotel.
P. Lawn/landscaping service.
Q. Light industry.
R. Off-premise signs, subject to the provisions of Article XX, § 212-122 (D).
S. Large- and small-scale sawmills, subject to the provisions of Article XX, § 212-136.
T. Major solar collection system, subject to the provisions of Article XX, §212-139.2.
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U. Motel.
V. Public and private schools, nursery schools, institutions of higher education.
W. Public or private park or playground, including accessory buildings and
improvements.
X. Regional parks, wildlife sanctuaries, woodland preserves, arboretums.
Y. Research and development enterprises not involving the manufacture, fabrication,
processing, or sale of products, with the exception of prototype development.
Z. Restaurant.
AA. Retail lumber and building-supply centers.
BB. Repair shop, personal service.
CC. Retail use, provided the establishment does not exceed 12,000 gross square feet in
floor area, with the exception of basement storage areas.
DD. Self-service storage facility, subject to the standards set forth in Article XX, § 212-
137.
EE. Signs, subject to limitations set forth in Article XX, § 212-122.
FF. Warehouse, provided the establishment does not exceed 20,000 gross square feet
in floor area.
GG. Wineries.
§ 212-107 Uses by special permit.
The following uses are allowed upon approval of a special permit pursuant to Article III, § 212-
18, and upon receipt of site plan approval from the Planning Board, pursuant to the
provisions of Article III, § 212-19, subject to the standards set forth in Article XX:
A. Auto body and repair shops subject to the standards set forth in § 212-131.
B. Boat repair and service shop, subject to the standards set forth in § 212-131.
§ 212-108 Lot area and yard requirements.
A. Minimum lot area: none, subject to approval by the Tompkins County Health
Department as set forth in § 212-8
B. Minimum lot width at front lot line: none.
C. Minimum lot depth: none.
D. Minimum front yard setback shall be 50 feet in the case of a public road right-of-
way. In cases where the lot or parcel fronts on a private interior street or road, the
minimum front yard setback shall be 80 feet from the center line of said street or
road.
E. Minimum side yard setbacks shall be 25 feet.
F. Minimum rear setback shall be 35 feet.
G. Maximum building height for any building or structure shall be 32 feet above
average grade measured at the building perimeter.
H. Maximum lot coverage by all buildings, structures and impervious surfaces shall be
50% of the lot area.
I. Maximum floor area of any new building (agricultural or non-agricultural) shall be
20,000 square feet except where otherwise noted.
§ 212-109 Buffer areas.
A. Wherever an OTMU – Office Technology Mixed Use Zone abuts an R—Residential
Zone, RM—Multiple-Residence Zone or HC—Hamlet Center, there shall be in
addition to the required side yard and rear yard a vegetated buffer area of not less
than 50 feet. No building or structure, parking or outside storage of any kind shall
be allowed within this buffer area. All buffer area plantings shall be subject to the
requirements of Article XVI, § 212-124.
B. No buildings or other structures, or parking areas, shall be located within 100 feet
from a stream or any wetland as defined by local, state or federal law. Streams are
required to have a stream protection setback as defined in Article XX, § 212-124.
Article XVIII
PR —Park/Recreation Zone
§ 212-110 Purpose.
The purpose of the PR—Park/Recreation Zone is to protect those natural areas and scenic and
recreational resources within the Town of Ulysses that contribute to the high quality of life
and economic vitality of the Town.
§ 212-111 Permitted uses.
In the PR—Park/Recreation Zone, no building or structure shall be erected, altered or
extended, and no land or building thereof shall be used for any purpose or purposes other
than the following:
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A. Farm Operation.
§ 212-112 Uses permitted by special permit.
The following uses are allowed within the PR—Park/Recreation Zone upon approval of a
special permit pursuant to Article III, § 212-18, upon receipt of site plan approval from the
Planning Board pursuant to Article III, § 212-19, and subject to the design standards set forth
in relevant sections of Article XX:
A. Signs as regulated under Article XX, § 212-122
B. Seasonal campgrounds, overnight campgrounds and group campgrounds, subject
to the provisions of Article XX, § 212-127.
C. Cemeteries and the buildings and structures incidental to cemetery operations.
D. Golf courses, except miniature golf courses operated on a commercial basis.
E. Nature centers.
F. Public and private community parks, regional parks and preserves.
G. Commercial stables, subject to the provisions of Article XX, § 212-138.
§ 212-113 Permitted accessory uses.
The following uses shall only be permitted as accessory uses to the uses set forth July 8, 2014,
in §§ 212-111 and 212-112. Site plan approval shall be required from the Planning Board
pursuant to the provisions of Article III, § 212-19.
A. Accessory buildings.
B. Single-family residences and their accessory buildings, subject to the limitations
set forth in Article IV, Terminology; and Article XX, Design Standards.
C. Seasonal roadside stand, subject to provisions of Article XX, § 212-135.
D. Temporary buildings and structures used for office, sales, storage and fabrication
activities related to the development of a site, provided that such building or
structure may not be continued for more than one year except upon receipt of a
special permit.
E. Vehicle parking, pursuant to the provisions of Article XX, § 212-121.
F. Minor solar collection system subject to the provisions of Article XX, § 212-139.1.
[Added 11-24-2015 by L.L. No. 3-2015]
§ 212-114 Lot area and yard requirements.
A. Minimum lot area shall be 10 acres.
B. Minimum lot width shall be 400 feet at the front and rear lot lines.
C. Minimum lot depth shall be 450 feet.
D. Minimum front and rear yard setback shall be 75 feet.
E. Minimum side yard setbacks shall be 15 feet.
F. Minimum lakeside setback shall be 100 feet, measured from the MHWE.
G. Maximum building height shall be 40 feet.
H. Maximum lot coverage shall be 5% of the lot area, including roads.
I. Maximum footprint of a new building shall be 2,000 square feet.
J. The above and the provisions of § 212-115 notwithstanding, in the case of a lot
with frontage on a lake, accessory uses such as boathouses, pump houses, docks,
piers, boat ramps, patios, decks and other facilities typically associated with water-
oriented recreational pursuits are permitted within the yard setback area and
buffer area fronting on the lake; provided, however, that they are located outside
the required side yard setback areas.
§ 212-115 Buffer areas.
A. No buildings or other structures, or parking areas, shall be located within 100 feet
from any stream edge or any wetland as defined by local, state or federal law, or in
the case of a lot with frontage on a lake, within 100 feet of the lakefront using the
mean high-water elevation. See § 212-124: Buffers.
B. The above notwithstanding, in the case of a lot with frontage on a lake, accessory
uses such as boathouses, pump houses, docks, piers, boat ramps, patios, decks and
other facilities typically associated with water-oriented recreational pursuits are
permitted within the buffer area fronting on the lake, provided; however, that
they are located outside the required side yard setback areas set forth in § 212-
114 above.
Article XIX
Development Districts
§ 212-116 Purpose.
The purpose of the Development District is to give flexibility to this chapter in order to
accommodate such developments which would be beneficial to the community but which are
not now permitted in any established zone. These developments must not be contrary to the
Ulysses Comprehensive Plan or this chapter.
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§ 212-117 Establishment.
Any Development District established after the adoption of this chapter shall be established in
accordance with the procedures set forth in Article III, § 212-20.
§ 212-118 Existing Development District.
NOTE: The following Development Districts were established prior to the adoption of this
chapter and shall remain in effect as set forth below.
A. Development District 1: Spruce Row Campsite (formerly Development District 1, as
amended October 8, 1991, June 2009).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) The site plan as listed on the map dated June 2009 for this district is listed as
a legal and conforming use. Any future buildings, site changes/additions will
require compliance with § 212-127A, Campgrounds, seasonal.
[1] Site plan review shall be required for future buildings, site
changes/additions above the 208 sites regulated by Tompkins County
Department of Health.
[2] The maximum sites for the Development District shall be 425.
(b) Campsites.
(c) Living accommodations for campers shall be tents, recreational vehicles,
recreational park trailers, or camping cabins intended for transient use.
[1] A "tent" shall be defined as a portable shelter, made of fabric, stretched
over a supporting framework of poles with ropes and pegs.
[2] A "recreational vehicle" shall be defined as a vehicle that can only be
moved on the highway without a special permit from the New York State
DOT (therefore no wider than eight feet), built on a single chassis,
mounted on wheels, with gross trailer area not to exceed 400 square
feet in area.
[3] A "recreational park trailer" shall be defined as a vehicle that can be
moved on the highway with a special permit from the New York State
DOT (therefore may be wider than eight feet but no more than 12 feet),
built on a single chassis, mounted on wheels with gross trailer area not to
exceed 400 square feet in area.
[4] A "camping cabin" shall be defined as a hard sided tent or shelter less
than 400 square feet in an area without plumbing which is on skids or
otherwise designed to be readily moveable.
(d) The campgrounds shall be open for the season camping annually from May 1
through October 31. Off season, no more than 20% occupancy of existing
sites at any given time is permitted for temporary camping units. Length of
stay is no more than seven consecutive days during the off season. (This is
designed to accommodate such recreational activities as hunting, fishing,
skiing, etc.) Snowmobiles will be limited to four per site with a maximum of
40 allowed in the campground at any one time.
(e) Commercial sales of recreational vehicles, recreational park trailers and retail
sales of camping-related items shall be an allowed use.
(f) The following recreational uses are allowed in the campsite for only
registered campers and guests: mini-golf, hayrides, arcade, two playgrounds
(as listed on the map), swimming pool, fishing pond, paddle boat rentals,
geocaching, pedal cart rentals, golf cart rentals, volleyball, basketball,
horseshoes, nature/hiking trails, live music entertainment, ball field and
similar activities.
(2) District area boundaries.
(a) The area of said district shall be approximately 83 acres as described on the
map dated June 2009.
(b) The district boundaries are as follows: All that tract or parcel of land situated
in the Town of Ulysses, County of Tompkins and State of New York, being part
of Military Lot 16 in said Town and bounded and described as follows:
BEGINNING at a point in the center line of Kraft Road approximately 2,643 feet
from the west line of Military Lot 16, thence south parallel to the west line of
Military Lot 16 approximately 2,061 feet to the south line of Military Lot 16;
thence west along the said south line of Military Lot 16 approximately 2,643 feet
to the west side of said Military Lot 16 (being the east line of military lot 15);
thence north along the west line of Military Lot 16 approximately 1,188 feet to a
point; thence northeasterly along a hedgerow and woodlot about 528 feet;
thence southeasterly along the said hedgerow and woodlot about 462 feet;
continuing in a southeasterly direction along the said hedgerow about 792 feet
to a second hedgerow which runs north and south; thence north along said
second hedgerow about 792 feet to a third hedgerow which runs east and west;
thence west and parallel to Kraft Road approximately 88 feet to a point; thence
north and perpendicular to Kraft Road approximately 351 feet to a center line of
Kraft Road; thence east along center line of Kraft Road 1,034 feet to the point of
beginning.
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(3) Specifications for campsites.
(a) The number of campsites in the district is not to be more than 425 sites. The
sites shall be a minimum of 30 feet wide and a depth of 50 feet or as directed
by NYS DOH.
(b) East of the driveway (to the left as entering the campgrounds) campsite
numbers 2, 4, 6 to 9, 11, 20, 21 and 20A are to remain as they are. No
campsites will be permitted closer than 275 feet from the center line of Kraft
Road. A natural vegetative buffer must be maintained between the eastern
most campsites and the eastern most boundary. Campsites to remain as they
are on the map, no new campsites are to be added within this area.
(c) Parking. Two-hour temporary parking is permitted north of the hedgerow
(labeled as Hedgerow No. 1 on the map) for patrons and their guests.
(d) Each campsite shall have a designated area for a campfire that shall be
located, cleared and protected in accordance with recommendations of the
Trumansburg Fire Chief. All firewood in the campground to be in compliance
with DEC regulations on transported in firewood.
(e) The sites as listed in the map dated June 2009 shall be considered legal and
conforming according to existing zoning regulations. All new and additional
campsites are required to be in compliance with § 212-127A, Campgrounds,
seasonal.
(f) Recreational park trailers will be limited to 15% of existing sites within the
district not to exceed 43 sites. Recreational park trailers can be located on
sites indicated with an X on the map dated June 2009.
(g) Camping cabins will be limited to 15% of existing sites within the district not
to exceed 43 sites.
(4) Sewage and garbage disposal.
(a) Sewage and garbage disposal shall meet all requirements of the Tompkins
County Health Department.
(b) Rodent-tight refuse containers shall be provided so that there shall be a
minimum of one container for every four campsites.
(c) There shall be absolutely no dumping of any type of refuses whatsoever in
Willow Creek.
(d) Garbage shall be picked up at least twice per week during the months of
June, July and August, and at least once per week the remainder of the
season.
(e) Underground sewage receptacles shall not be allowed within 100 feet of the
edge of Willow Creek; all recreational vehicles within that area must have
self-contained sewage holding tanks.
(5) Water.
(a) Drinking water shall be provided and conform to the standards of the
Tompkins County Health Department.
(b) There shall be no cleaning activities (activities that include soaps, shampoos,
or cleansers) in Willow Creek (e.g., bathing, car washing, and dishwashing).
(c) Under conditions of drought, a water conservation plan shall be enacted that
could include reduction of shower usage, prohibition of washing vehicles,
campers and pets. Further, under drought consideration no watering of lawns
or plants shall take place.
(6) Maintenance.
(a) The entire district shall be kept free and clear of all litter and be maintained
in a neat and orderly manner.
(b) A monthly visual inspection shall be conducted of the sewage holding tanks
of all recreational vehicles and recreational park trailers located along and
upgradient of Willow Creek.
(c) Chlorinated water from the swimming pool will not be discharged in excess of
100 gallons in a twenty-four-hour period for maintenance procedures.
(7) Signs. One namesake sign or bulletin board not exceeding 18 square feet is
allowed. Said sign shall not be self-illuminating and the bottom of said sign shall
not be more than five feet from the ground.
(8) Commercial sales.
(a) Commercial sales of recreation vehicles and recreational park trailers are
allowed in this district. A maximum of six units may be displayed in the area
(40 feet by 75 feet) listed on the map dated June 2009.
(b) New units are allowed on camping sites for purpose of commercial sales.
62
(c) Individuals may display their used units for second-hand sale on sites within
the district.
(d) The existing retail store for sales of camping related items, such as firewood,
ice, and sundry items, for the accommodations of the campers and their
guests is permitted.
(9) Storage.
(a) Storage of recreation vehicles and boats on trailers is allowed, with the
provision that no more than 60% of the existing campsites can be used for
storage and no more than one unit per campsite.
(b) In-season storage shall be limited to the campsites themselves or the area
designated on the map June 2009 as off-site storage.
(10) Buffers. All natural buffers are to remain, and in addition:
(a) From the current driveway, east, approximately 40 feet from the center line
of the road in line with the current tree line, a hedge (indicated as Hedgerow
No. 2 on the map) of evergreens is to be maintained, using a minimum
spacing of six feet, with the minimum size of trees to be planted of four feet
and with the hedgerow to be two rows of trees deep. If any trees die, they
are to be replaced.
(b) The area along Hedgerow No. 1 is to be inter-planted with evergreen trees
and shrubs, from the entrance road to the west boundary. The purpose is to
create a dense visual barrier to hide vehicles and activities and to provide
privacy for regular users and campers as well as neighbors. Minimum size of
plants at planting shall be four feet.
(c) All natural covers on the remaining boundaries shall remain and natural
growth of said hedgerows shall be encouraged.
(d) The existing sites along Willow Creek indicated on the map dated June 2009
will be maintained with a minimum twenty-foot wide natural vegetative
buffer adjacent to the stream. All future sites will be in compliance with
§ 212-127A which states no campsite, buildings, structures, or parking areas
shall be located within 100 feet of a stream edge or any wetland as defined
by local, state or federal law.
(11) Mobile home.
(a) One mobile home, larger than 750 square feet, shall be permitted in the
Development District as indicated on the map dated June 2009.
(b) The mobile home will be skirted and the hedgerow that now exists shall
remain as screening.
B. Development District No. 2: Podunk Ski Shop (formerly Development District No. 5,
created June 15, 1976).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) Ski retail and rental shop.
(b) Sauna.
(c) Hostel/lodge.
(2) District area and boundaries:
(a) Located at the southeasterly corner of Cold Springs Road and Podunk Road and
being all of Tax Parcel Nos. 21-1-1 and 21-1-1.1 as shown on the Tompkins County
Tax Map.
(b) Located on west side of Podunk Road opposite Cold Spring Road and being all of
Tax Parcel No. 22-5-2 as shown on the Tompkins County Tax Map.
(3) District specifications. No district specifications are listed as part of this Development
District.
C. Development District No. 3: Bar/Restaurant/Trailers (formerly Development District
No. 7, created May 8, 1979).
(1) Allowed uses. The purposes for which this district may be used are as follows:
(a) Bar and restaurant;
(b) Maintenance of mobile home adjacent to the existing bar and restaurant;
(c) Maintenance of a second mobile home adjacent to Halseyville Road, for so long as
said mobile home may be occupied by Howard and Anna Brown, or the survivor
of them;
(d) No other mobile home shall be established or occupied within this district.
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(2) District area and boundaries. The area of said district shall be approximately 14 acres,
triangular in general shape, bounded on the east by State Highway Route 96, on the
west by Halseyville Road, and on the south by premises formerly of Strong, later of
Stover, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, Tompkins
County, New York and being part of Military Lots #8 and #14 in said Town more
particularly bounded and described as follows:
BEGINNING at a point in the center line of Halseyville-Enfield Road at the southwest
corner of lands now or formerly of Robert Dean Murphy and also the northwest
corner of premises conveyed to Edmund Pearsall by deed of Isaac Ball and wife dated
February 28, 1868 and recorded in the Tompkins County Clerk's Office in Liber 3 of
Ulysses Deeds at page 132; running thence south (S 3 West) along the center line of
said Halseyville-Enfield Road (also the westerly line of Lots #8 and #14) twenty chains
and forty-nine links (20.49 chs.) to a point (also the southwest corner of said Ball-
Pearsall parcel); running thence N 77E, nine chains and ninety-nine links (9.99 chs.)
(previous deeds described said course as being "along the north side of the Road,"
which road is now nonexistent); thence continuing along said same course in a straight
line to the center of the Ithaca-Trumansburg State Highway at or near the intersection
of said highway and the line between Military Lot #8 on the north and #14 on the
south (the last course is straightened in accordance with the Ball-Pearsall deed above
mentioned, which reads: "It is understood and agreed that the fence on the southwest
side of the turnpike shall be straightened and correspond with a straight line. . . .");
running thence northwesterly along the center of said Ithaca-Trumansburg State
Highway about twenty chains to the southeast corner of lands now or formerly of
Robert Dean Murphy; running thence westerly along Murphy's south line to the point
or place of beginning.
(3) District specifications.
(a) At such time as Howard and Anna Brown, or the survivor of them, shall no longer
occupy the second mobile home permitted by Article XVI, § 212-118C(1)(c) above,
one of the mobile homes shall be immediately removed from the district, and
shall not be replaced; thereafter only a single mobile home shall be permitted
therein.
(b) Sewage and garbage disposal shall meet all requirements of the Tompkins County
Health Department.
(c) The entire district shall be kept free and clear of all litter and maintained in a neat
and orderly manner and landscaped in keeping with the surrounding area.
(d) Off-street parking shall be provided adjacent to all structures as specified in
Article XX, § 212-121.
(e) Signs may be erected or affixed as specified in Article XX, § 212-122.
D. Development District No. 4: Stover Saw Mill (formerly Development District No. 8,
created October 14, 1980).
(1) Allowed uses. The purposes for which this district may be used are as follows:
(a) Operation of a sawmill in an existing 30 feet by 144 feet structure, with planing and
treating sheds, for the processing and sale of forestry products, such as milled lumber,
treated posts, firewood and wood by-products, such as sawdust and slab wood.
(b) Retail sale of agricultural fertilizers, lime, chemicals and seed, and mixing and custom-
application of agricultural fertilizers, lime and chemicals.
(c) Retail sale of small motorized agricultural equipment to farmers; this does not include
lawn mowers, garden tillers, chainsaws and other lawn and garden equipment and
supplies.
(d) Retail sale of Farm Bureau tires and batteries for agricultural equipment.
(e) The construction of a farm shop and agricultural sales and service building
approximately 48 feet by 96 feet to house a portion of the activities above described,
on the north side of Gorge Road.
(f) The construction of a sawdust-containment building approximately 30 feet by 30 feet
on the south side of Gorge Road.
(g) The construction of a sizing building approximately 30 feet by 50 feet on the south
side of Gorge Road.
(h) The construction of a treating shed approximately 40 feet by 125 feet on the south
side of Gorge Road.
(i) Construction of a fertilizer- and chemicals-mixing building approximately 40 feet by
100 feet on the south side of Gorge Road.
(j) The construction of a truck scale shelter approximately 25 feet by 50 feet on the south
side of Gorge Road.
(k) All structures shall be located at least 75 feet from the highway right-of-way.
(l) Creation of this Development District, or the specification herein of permitted uses,
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does not limit the continuing permitted use of farming, i.e., for the general agricultural
purposes of livestock and crop production and sales.
(m) The construction of any other buildings within the Development District hereinafter
described shall be considered an additional and further use for which an application
shall be made to the Town Board pursuant to Article III, § 212-20.
(2) District area and boundaries. The area of said district shall be approximately 38 acres,
on both the northerly and southerly sides of Gorge Road, bounded and described as
follows:
BEGINNING at a point in the center of Taughannock Falls Road (Gorge Road), said point of
beginning being 441.3 feet southwesterly along the center of said road from its intersection
with the north line of Military Lot #9, thence north 68 degrees, 22' west (passing through a
pipe in the northwesterly line of said road) along an old fence, 303.4 feet to a point marked
by an iron pipe; thence south 62 degrees, 8' west. 797.8 feet to a point in an old fence and
hedgerow; thence south 11 degrees, 32' east 1,137 feet crossing Gorge Road to a pipe in the
north line of the former Lehigh Valley Railroad right-of-way (New York State Electric and Gas
right-of-way); then running south 72 degrees 10' east along said right-of-way approximately
1,243 feet to a point marked by a pipe; then running northwesterly approximately 904 feet to
a point marked by a pipe; then running northeasterly approximately 575 feet to a point
marked by a pipe on the south bank of the stream near a large honey locust tree; then
running northwesterly approximately 700 feet along the hedgerow passing through a point
marked by a pipe at the end of the hedgerow to the center of Gorge Road; then running
southeasterly along Gorge Road approximately 100 feet to the point of beginning.
(3) District specifications.
(a) No access road or driveway shall enter the public highway within 75 feet from the
intersection of the highway and a boundary of the district.
(b) No saw logs, lumber or wood by-products shall be placed within 75 feet of any
boundary of the district or any highway.
(c) Evergreen trees 4 feet to 5 feet in height shall be planted in two rows, alternately
spaced, at intervals of 20 feet along that portion of the western boundary of the
district southerly from the Gorge Road to the New York State Electric and Gas right-of-
way, in order to provide both a visual screen and sound barrier for the existing
building housing the sawmill.
(d) An electric motor for the new sawmill shall replace the present power source and be
located to the east of the sawmill; this new power source shall be operational within
three months or as soon thereafter as New York State Electric and Gas Corp. can
provide the necessary electrical service.
(e) Until the aforesaid electric motor shall be in operation, a temporary sound barrier
shall be erected to the west of the present sawmill in accordance with specifications
of the Extension Safety Engineer, Department of Agricultural Engineering, Cornell
University.
(f) No sawing of logs shall take place on Sundays or holidays, or on weekdays except
between the hours of 7:00 a.m. and 7:00 p.m.
(g) Any agricultural chemicals or chemicals for the preservative treatment of lumber shall
be stored, used and disposed of in accordance with applicable federal, state and local
regulations so that there shall be no discharge of hazardous chemicals to the
environment and no broadcast of offensive odors.
(h) There shall be no outside storage or display of farm machinery and equipment offered
for retail sale.
(i) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(j) Off-street parking shall be provided adjacent to all buildings housing retail sales as
specified in Article XX, § 212-121.
(4) Signs. Two signs not exceeding 18 square feet in area per sign, referring to the use of
the premises, are authorized. These signs shall not be self-illuminating and the bottom
of said signs shall not be more than five feet from the ground.
E. Development District No. 5: Automobile Business — David Kline (formerly
Development District No. 9, created February 14, 1984, amended May 31, 1984,
October 10, 1989, June 19, 1997, October 1, 1998, August 2005, and March 2008).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) Automobile, farm equipment and truck repairs, including all types of mechanical, body
and interior work.
(b) New York State motor vehicle inspections.
(c) Retail sales of automotive, farm equipment and truck parts, both new and used, and
automotive-related items, such as paint, oil, tires, rims, tools, gas cans, jacks, etc.
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(d) Retail sales of new and used vehicles, including exterior display of vehicles for sale.
(e) The construction of an addition to the existing garage on the premises approximately
24 feet by 42 feet for a retail store and work space.
(f) A custom cabinet, furniture and woodworking shop and related accessory sales uses
per amendment adopted October 1, 1998.
(g) The construction of any other buildings within the Development District hereinafter
described shall be considered an additional and further use for which an application
shall be made to the Town Board pursuant to Article III, § 212-20.
(2) The district areas and boundaries shall be amended to read as follows. The area of
said district shall be 1,750 feet along the west side of State Highway Route 96, with a
depth of 500 feet, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins, and
State of New York, and being part of Military Lot Nos. 8 and 14 in said Town, more particularly
bounded and described as follows:
BEGINNING at a point in the southwesterly line of New York State Route 96 (Ithaca-
Trumansburg Turnpike) that is located South 57° 22' 46" West a distance of 33 feet from a
point in the center line of said New York State Route 96 that is located northwesterly
measured along the center of the line of New York State Route 96 a tie measurement of 1,312
feet, more or less, from the intersection of said center line with the center line of Cold Springs
Road.
Thence North 35° 17' 27" West along the southwesterly highway line of New York State Route
96 a distance of 419.66 feet to a point;
Thence South 61° 15' 35" West (passing through a point marked by an iron pin at 9 feet and
passing through a point marked by another iron pin an additional 531.60 feet) a total distance
of 578.10 feet to the point of intersection with the line labeled "approx. location zoning
boundary" as shown on a survey map entitled "SURVEY MAP SHOWING LANDS OF DAVID G.
KLINE, LOCATED ON N.Y.S. RTE. 96, TOWN OF ULYSSES, TOMPKINS COUNTY, NEW YORK"
completed by T.G. Miller P.C., Engineers, & Surveyors, dated 5/21/2007;
Thence in a southeasterly direction on a line labeled "approx. location zoning boundary",
which line is parallel with the southwesterly highway line of New York State Route 96 a
distance of approximately 53.12 feet to a point in the northerly line of premises reputedly
owned by Murray as shown by instrument recorded in the Tompkins County Clerk's Office as
instrument No. 456001-001;
Thence South 86°14' 38" East a distance of approximately 18.7 feet to a point marked by an
iron pin;
Thence South 86° 14' 38" East and distance of 159.32' to a point marked by an iron pin;
Thence North 57° 22' 46" East a distance of 218.70 feet to a point marked by an iron pin;
Thence South 35° 08' 38" East a distance of 242.00 feet to a point marked by an iron pin;
Thence South 86° 46' 17" East a distance of 100.13 feet to a point marked by an iron pin;
Thence North 57° 22' 46" East (passing through a point marked by an iron pin at 124.88 feet)
a total distance of 140.88 feet to the point and place of beginning, labeled as PARCEL B on the
aforementioned survey map and being that portion of Parcel B currently located in
Development District No 5. as shown on the aforementioned survey map.
(3) District specifications.
(a) Vehicles for sale shall not be parked or displayed closer than 75 feet from the paved
edge of the highway, and shall be confined to an area within the Development District,
measured along State Highway Route 96, no longer than 500 feet from the
southernmost and northernmost vehicle so displayed.
(b) All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be
kept in an enclosed structure; there shall be no outside storage or display of any parts,
supplies or materials.
(c) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(d) Off-street parking shall be provided adjacent to all structures as specified in Article XX,
§ 212-121.
(e) The provisions of Article XX, § 212-131 shall apply to this Development District.
F. Development District No. 6: Koskinen Auto Repair (formerly Development District
No. 10, created May 31, 1984, and January 30, 2003).
(1) Allowed uses. The purposes for which the district may be used are as follows:
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(a) Automotive and truck repairs, including all types of mechanical, body and interior
work.
(b) New York State motor vehicle inspections.
(c) Retail sales of automotive and truck parts, both new and used, and automotive-
related items, such as paint, oil, tires, rims, tools, gas cans, jacks, etc.
(d) Existing residential and agricultural uses.
(e) Development District No. 6 was modified to allow a 30 foot by 48 foot addition on
January 30, 2003.
(f) The construction of any other buildings within the Development District shall be
considered an additional and further use, for which an application must be made to
the Town Board pursuant to Article III, § 212-20.
(2) District area and boundaries.
BEGINNING at a point in the westerly line of the Podunk Road, and in the southerly line of the
premises of Richard Stilwell (Tax Map Parcel 22-5-3); running thence westerly along Stilwell's
south line a distance of 300 feet to a point; running thence southerly parallel with the Podunk
Road a distance of 535 feet to a point; running thence easterly and perpendicular to the
Podunk Road a distance of 175 feet to a point; running thence southerly parallel with the
Podunk Road a distance of 200 feet to a point; running thence southeasterly a distance of
approximately 130 feet to a point in the westerly highway line, running thence in a northerly
direction along the western edge of the Podunk Road a distance of approximately 830 feet to
the place of beginning. Together with a rectangular area with a depth of 500 feet and
frontage of 600 feet on the easterly side of Podunk Road, across from the parcel above
described, in the northwest corner of Tax Map Parcel 21-1-13.
(3) District specifications.
(a) All inoperative motor vehicles or vehicles under repair, parts and bulk supplies shall be
kept within an enclosed structure; there shall be no outside storage or display of any
parts, supplies or materials.
(b) The entire district shall be kept free and clear of all litter and maintained in a neat and
orderly manner.
(c) Off-street parking shall be provided adjacent to all structures as specified in Article XX,
§ 212-121.
(d) Signs may be erected or affixed as specified in Article XX, § 212-122.
(e) The provisions of Article XX, § 212-131, shall apply to this Development District.
G. Development District No. 7: Finger Lakes-Seneca Cooperative Insurance Company
(formerly Development District No. 18, created August 16, 1988).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) Professional office building.
(2) District area and boundaries.
BEGINNING at an iron pin set in or near the westerly street line of Mecklenburg Road (New
York State Route 227), which pin is set North 86 degrees 27 minutes 2 seconds West a
distance of 94.92 feet from a point in the center line of Mecklenburg Road, which said point is
northeasterly a distance of 749.1+/- feet from its intersection with the center line of Mayo
Road; running thence North 86 degrees 27 minutes 22 seconds West along a hedgerow, a
distance of 345.38 feet to an iron pin, running thence North 5 degrees 34 minutes 57 seconds
East along a hedge row, a distance of 805.61 feet to an iron pin set in the southerly line of
lands now or formerly of Douglas J. Austic and Paula K. Austic, which line also marks the
boundary between Military Lots #11 and #5; running thence, South 83 degrees 50 minutes, 36
seconds East a distance of 560.61 feet to a point in a twelve-inch cherry tree, marking a fence
corner; running thence, South 5 degrees, 16 minutes 21 seconds West along the westerly line
of land now or formerly of Fred M. and Margaret Denmark, a distance of 552.48 feet to an
iron pin, which pin is northwesterly a distance of 3.54 feet from an old pipe and
southwesterly a distance of 28.85 feet from a concrete monument; running thence, South 48
degrees, 27 minutes, 33 seconds West, along the westerly street line of Mecklenburg Road, a
distance of 320.99 feet to the iron pin marking the point and place of beginning, containing
9.667 +/- acres of land.
(3) District specifications.
(a) The size of the main building shall be no more than 5,500 square feet with a height of
no more than 28 feet, six inches at its highest point as per Project No. 7372, dated July
1988, which is on file. The exterior of the building shall be done in cut stone and one-
inch by six-inch cedar board.
(b) There will be a minimum of 25 parking spaces and a maximum of 55 parking spaces.
All parking, except for visitor parking, will be on the west side of the building. Asphalt
on the parking areas will be applied within two years.
(c) The building and its use are considered a professional office building as defined in
Article IV.
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(d) A storage building not more than 400 square feet in area may be erected. The exterior
of this storage building shall be of the same materials as the main building. It will be
landscaped and will be situated on the west side of the main building. It will be subject
to the issuance of a building permit.
(e) Signs shall conform to Article XX, § 212-122.
(f) Exterior building lights, sign and security lights are permitted, however, they are
subject to the provisions of Article XX, § 212-123.
(g) The property shall be maintained in a well-groomed and mowed condition and shall
be landscaped in such a manner as to be attractive to the area.
(h) The construction of any other buildings within the Development District shall be
considered an additional and further use for which an application must be made to
the Town Board pursuant to Article III, § 212-20.
H. Development District No. 8: Boat sales, service, and storage (formerly Development
District No. 19, created July 18, 1991). [Amended 11-24-2015 by L.L. No. 3-2018]
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) Sales and service of small marine motors, used boats and accessories.
(b) Storage of boats.
(2) District area and boundaries.
BEGINNING at an iron pin set near the easterly road line of Dubois Road 30 feet north of
center line of creek culvert which defines the southwest border to Tax Parcel 32-2-8.22 and
continuing northerly 184 feet along the center line of Dubois Road to an iron pin along the
easterly road line of Dubois Road; then continuing 220 feet easterly and perpendicular to
Dubois Road to an iron pin,; then continuing 125 feet northerly and parallel to Dubois Road to
an iron pin; running thence 380 feet easterly and perpendicular to Dubois Road to an iron pin,
then continuing 309 feet southerly and parallel to Dubois Road to an iron pin; and thence
returning 600 feet westerly and perpendicular to Dubois Road to the iron pin marking the
point and place of beginning; conveying 3.14 acres.
(3) District specifications.
(a) The existing building is to be used for business. Well and septic systems are to be
maintained according to Tompkins County Health Department requirements.
(b) No mechanical sound associated with boat repair shall emanate from the property
before 8:00 a.m. or after 8:00 p.m. Monday through Saturday, nor on Sundays and
federal holidays.
(c) Maintain parking between the front of the building and highway right-of-way, and on
the south side of building, as shown on "Survey Map Showing Development District for
Moore's Marine Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County,
New York," by TG Miller P.C., revised January 22, 2018. The owners of the land on
which the Development District is located shall file the map in the Tompkins County
Clerk's office no later than 30 days after adoption of this subsection.
(d) Boats ready to be picked up and/or serviced shall be stored on the north side of the
building, on the south side of the building, on the east side of the building, and on the
lower lot/east side of the building, as shown on approved site plan on "Survey Map
Showing Development District for Moore's Marine Located at No. 3052 Dubois Road,
Town of Ulysses, Tompkins County, New York," by TG Miller P.C., revised January 22,
2018, which is incorporated herein by reference and made a part hereof.
(e) Outside storage of boats shall be permitted on the south side of the building, and on
the lower lot/east side of building, as shown on approved site plan on "Survey Map
Showing Development District for Moore's Marine Located at No. 3052 Dubois Road,
Town of Ulysses, Tompkins County, New York," by TG Miller P.C. revised January 22,
2018, which is incorporated herein by reference and made a part hereof.
(f) Used boat sales shall be permitted only on the south side of the building, as shown on
approved site plan on "Survey Map Showing Development District for Moore's Marine
Located at No. 3052 Dubois Road, Town of Ulysses, Tompkins County, New York," by
TG Miller P.C., revised January 22, 2018, which is incorporated herein by reference
and made a part hereof.
(g) Vegetated buffer shall be installed and maintained on the property boundaries with
3060 Dubois Road (Tax Parcel Number 32-2-10) and 3072 Dubois Rd (Tax Parcel
Number 32-2-8.21). Landscape plan for the vegetated buffer shall be reviewed and
approved by the Planning Board and filed with the Town.
(h) Area around building to be kept clean with no outside storage other than boats with
or without motors and trailers.
(i) Signs: One freestanding sign not to exceed 18 square feet. For sign(s) attached to the
building, the cumulative square footage shall not exceed 64 square feet. Signs
required by New York State are not included in the area calculation. No illuminated
signs shall be permitted.
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(j) Exterior building lights and security lights are permitted, subject to the provisions of
Article XX, § 212-123.
(k) Used gear lubricants and motor oils shall be stored in a tank or tanks not to exceed
300 gallons, which shall be pumped when full by an authorized handler of petroleum
waste material. There shall be no liquid or solid waste disposed of on the property
other than that authorized by the Tompkins County Health Department.
(l) The construction of any other buildings within the Development District shall be
considered an additional and further use for which an application must be made to
the Town Board pursuant to Article III, § 212-20.
(m) A vegetated buffer 100 feet wide shall be maintained on the eastern boundary of the
Development District.
(n) Engine/boat maintenance and repair involving lubricants, oils, or other hazardous
materials shall be performed over a permanent or portable impermeable surface with
sufficient capacity to collect the maximum volume of liquids used during the
maintenance/repair work. Spills shall be cleaned up according to best management
practices.
(o) No edible plants shall be grown for human consumption without first testing the soil
for contaminants.
I. Development District No. 9: Flo-Tech (formerly Development District No. 21, created
January 26, 2004).
(1) Allowed uses. The purposes for which the district may be used are as follows:
(a) The manufacture of prosthetic devices, and all necessary activities connected
therewith.
(2) District area and boundaries. [Amended 3-19-2018 by L.L. No. 1-2018]
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ulysses, County of Tompkins,
State of New York, being bounded and described as follows: BEGINNING at a point in the
center line of Halseyville Road, said point being further located South 60° 31' 24" West a
distance of 39.02' from a point marking the present center line of Halseyville Road and NYS
96; RUNNING THENCE North 82° 59' 19" West for a distance of 24.75' to a point located on
the West right-of-way of Halseyville Road; RUNNING THENCE North 19° 01' 41" West along
the West line of NYS Route 96 for a distance of 224.04' to an iron pin; RUNNING THENCE
North 19° 01' 41" West along the West line of NYS Route 96 for a distance of 109.68' to a
point; RUNNING THENCE North 82° 44' 09" West for a distance of 306.00' to a point;
RUNNING THENCE South 07° 15' 51" West for a distance of 261.60' to a point; RUNNING
THENCE South 65° 23' 33" East passing through an iron pin at a distance of 169.58', passing
through an iron pin at an additional distance of 303.33' and continuing for a distance of 28.98'
to a point, said course having a total distance of 501.89'; RUNNING THENCE North 07° 00' 41"
East along the present center line of Halseyville Road for a distance of 112.13' to the point
and place of beginning; Said parcel having an area of 2.95 acres net to the road right of ways.
SUBJECT TO covenants, restrictions, easements and encumbrances of record. For a more
particular description thereof, reference is hereby made to a survey map entitled "Survey
Map Showing Lands of Robert N. Brown, Sr., Located on Halseyville Road, Town of Ulysses,
Tompkins County, New York," dated August 18, 2009, amended September 16, 2010,
September 15, 2011, and October 10, 2016, prepared by T.G. Miller, P.C., Engineers and
Surveyors, Ithaca, New York. The owners of the land on which the Development District is
located shall file the map in the Tompkins County Clerk's office no later than 30 days after the
subdivision of the Development District and other lands owned by said owners is approved by
the Town of Ulysses.
The above premises being three acres of land.
(3) District specifications.
(a) In connection with said use, up to 10 full-time or full-time-equivalent employees are
permitted.
(b) The facility on site must comply with all given application criteria and receive Ulysses
Planning Board site plan approval, to insure compliance of all of the applicant's
proposals before a building permit shall be issued.
(c) Any road entrance shall comply with state and county highway rules and regulations.
(d) Any water and septic infrastructure shall comply with Tompkins County Health
Department codes and receive its approval.
J. Development District No. 10: Computer Services (created September 6, 2005).
(1) The purposes for which the Development District may be used is as follows:
(a) Agricultural use as defined under the Agriculture and Markets Law.
(b) Computer software research and development not to exceed 30 employees to be
located in structures shown on site plan map dated May 30, 2005, as drawn by Cheryl
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Lee Thompson, licensed architect, inclusive of residential use in said structures.
(2) Area of the district. The area of said district shall be approximately 22.84 acres
consisting of parcels presently owned by Terrill Moore and Judith Cone, Tax Parcels
33.-2-1.2, 33.-2-1.3; and 33.-2-1.4 in the Town of Ulysses, bordering Perry City Road on
the North and Krum’s Corners Road on the west, and more particularly described as
follows:
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Ulysses, County of Tompkins, State of New York, more particularly Bounded and
described as follows:
BEGINNING at a point marking the intersection of the center line of Perry City Road with the center line of Krum’s Corners Road;
Thence South 81 degrees 50 minutes 15 seconds East along the center line of Perry City Road 803.21 feet to a point;
Thence South 7 degrees 10 minutes 51 seconds West (passing through a pin a 25.76 feet) 754.20 feet to a pin;
Thence South 81 degrees 50 minutes 15 seconds East (passing through a pipe at 150 feet) 395.82 feet to a pin;
Thence South 9 degrees 06 minutes 01 second West 360 feet to a pin;
Thence North 82 degrees 00 minutes 35 seconds West 998.57 feet to a pin;
Thence North 82 degrees 08 minutes West passing a pipe at 174.7 feet a total distance of 200 feet to the center line of Krum’s
Corners Road;
Thence North 7 degrees 45 minutes East 446.9 feet along the center line of Krum’s Corners Road;
Thence North 07 degrees 47 minutes 50 seconds East 671.70 feet to the point or place of beginning.
Article XX
Design Standards
§ 212-119 Purpose.
The purpose of this article is to provide specific standards to be applied to the design of
buildings, structures, commercial or industrial sites and other types of land uses in the Town
of Ulysses, in order to promote the orderly physical development of the community, ensure
the health and safety of the public, conserve the natural and cultural resources and the rural
character of the community and to minimize the negative environmental impact of such
development.
§ 212-120 Environmental performance standards.
A. Yards. All required yards in any zoning zone may be either landscaped or left in a
natural state. In any case, however, they shall be maintained as not to cause
health or safety conditions as specified in Section 302 of the New York State
Property Maintenance Code. Parking areas in all zoning zones shall also be
maintained as not to cause health and/or safety conditions.
B. Noise.
(1) All events issued permits and recognized public celebrations are excluded
from the noise restrictions of this chapter.
(2) Noise from any source shall be muffled so as not to become objectionable
due to sustained intermittence, beat, frequency, tone, pitch or intensity
that repeatedly exceeds two hours during daylight and 30 minutes at
night. Noise associated with normal property maintenance and temporary
construction is exempt from this provision.
(3) No land use or other activity that generates a sound level that exceeds the
limits set forth below shall be undertaken. The level of sound shall be
measured at the boundary of the property generating the sound, and shall
not exceed 90 dBa between the hours of 7:00 a.m. and 11:00 p.m., and 55
dBa between the hours of 11:00 p.m. and 7:00 a.m.
(4) For the purpose of this chapter, noise generated during the course of
agricultural operations defined as sound agricultural practices pursuant to
Article 25-AA, § 308, of the Agriculture and Markets Law is exempt.
C. Odors. Odors from any use, except for agricultural practices as provided for in
Article V, § 212-24, shall not be discernible at the property line to the extent that
they are reasonably obnoxious to a surrounding inhabitant within 500 feet of the
property line.
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§ 212-121 Standards for parking in all zoning zones.
A. Purpose.
The design objective for the access, parking, and circulation standards is to:
1. Emphasize the importance of site accessibility from a variety of modes
of transportation wherever appropriate, including pedestrians, bicycles,
automobiles, and current or potential future transit service;
2. Ensure the appropriate site location and design features that mitigate
the impact of parking lots on other land uses and design goals for
surrounding zones;
3. Create the least visible impact of parking on adjacent private and public
property;
4. Promote parking designs that minimize runoff and incorporate
infiltration of stormwater into the ground; and
B. Loading Areas
1. In R, HN, and HC, no loading berth may be located on a front facade,
and no loading area may be located in a front yard.
2. For building larger than 5000 square feet devoted to a use that is
allowed in the B1—Business Zone, HC—Hamlet Center Zone, and OTMU
– Office Technology Mixed Use Zone, but not allowed in the R or RM
zone, there shall be one off-street loading space for each 20,000 square
feet of floor area or portion thereof.
3. Where any loading area is located within 50 feet of, and visible from, an
interior side or rear lot line that abuts any lot in an R—Residential Zone,
LS—Lakeshore Zone, CZ—Conservation Zone, RM—Multiple-Residence
Zone, MZ—Marina Zone, HN – Hamlet Neighborhood, or MHP—
Manufactured Home Park Zone, the loading area must be screened by a
vegetated buffer yard, designed per § 212-124.
C. Parking design standards.
1. Except in the case of single-family and two-family dwellings, there
shall be no parking allowed in any front yard, side yard or rear yard
setback areas, except in established driveways.
2. The minimum allowable dimensions of a parking space shall be nine
feet wide by 18 feet long, the minimum allowable dimensions for a
parallel parking space shall be seven feet wide by eighteen feet long.
Parking spaces so designated for persons with disabilities shall include
on one side a minimum of an additional four feet of width in order to
accommodate wheelchair lifts.
3. Travel aisles for vehicles within a parking lot shall be a minimum of 22
feet in width for aisles intended for two-way traffic. Where angled
parking with one-way traffic circulation is proposed, the minimum
aisle width shall be 13 feet if the angle of the parking spaces is 45°
from the perpendicular, and 18 feet if the angle of the parking spaces
is 60° from the perpendicular.
4. All off-street parking shall be, surfaced so as to be durable and well-
drained with design consideration based on the expected level of
traffic for the parking area, and shall be provided with necessary
access drives.
5. All parking areas are to be maintained in a well-kept condition.
6. Permeable pavement shall should be used when possible to reduce
stormwater runoff.
D. Pedestrian design standards
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1. Pedestrian facilities must provide connecting main entrances to parking, adjacent
public rights-of-way and transit stops, and all uses on a site that allow for public
access. Pedestrian facilities must be paved with a fixed, firm, and non-slip
material.
2. Pedestrian facilities must be provided between rows of parking spaces.
E. Landscape Plan.
1. All developments subject to Site Plan Review § 212-19 must submit a landscape
plan. Where developments involve either 10,000 square feet or more of
development area or construction or reconstruction of a parking lot containing
20 or more spaces, the landscape plan must be stamped by a New York State
licensed landscape architect. Single-family dwellings, two-family dwellings, and
multiple-family residences (Residence, Multiple-Family) of 6 units or less are
exempt from this requirement.
2. At least 10% of the interior of the parking lot, calculated as the total surface area
of all parking spaces, drive aisles, and interior landscape, must be landscaped.
3. Where any parking lot is located along, within 50 feet of, and visible from, a public
right-of-way the parking lot must be screened by a vegetated buffer, per
Section 212-124.
4. Where a proposed parking lot is larger than nine spaces in size, there shall be
planted one deciduous canopy tree for every five parking spaces proposed.
Said trees shall be of a species with a height at maturity of at least 30 feet, of a
species known to be compatible with regional climate conditions, and shall be
at least 2.5 inches in diameter and four feet from the ground at time of
planting. Trees used to meet this requirement must be planted within the
perimeter of the parking area.
5. Where any parking lot is larger than 9 (nine) spaces the parking lot must be
screened by a vegetated buffer yard, designed per § 212-124
§ 212-122 Standards for signs.
Purpose. The purpose of this article is:
1. to provide standards to protect the public health, safety and welfare by controlling the
number, location, construction, installation, illumination and maintenance of all signs
and sign structures in the Town of Ulysses;
2. to create a more attractive economic and business climate and to enhance and protect
the physical appearance of the community;
3. to reduce sign or advertising distractions and obstructions that may contribute to traffic
accidents, reduce hazards that may be caused by signs overhanging or projecting over
public rights-of-way, and provide more visual open space; and
4. to promote attractive signs, which clearly present the visual message in a manner that is
compatible with the sign’s surroundings. The appearance, character and quality of a
community are affected by the location, size, construction and graphic design of its
signs. Therefore, such signs should convey their messages clearly and simply to enhance
their surroundings.
A. General.
1. No sign or other outdoor devices for the purpose of advertising of any kind
may be erected or established in the Town of Ulysses except in conformance
with the standards in this section.
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2. All signs with a surface area greater than 24 square feet require a building
permit and must comply with applicable regulations of this section. Sign
alteration and maintenance activities such as painting, cleaning, or other
normal maintenance and repair do not require a building permit, provided
that no change is made to any structural or electronic component of the sign.
3. All new, reconstructed, altered, or relocated signs must comply with the
standards of this section.
4. Temporary signs are allowed for a maximum of 30 days per occurrence, up to
a maximum of 180 days per calendar year.
5. No permanent or temporary sign may be erected or placed at or near the
intersection of any streets in such a manner as to cause a traffic hazard at the
intersection; or at any location where, by reason of the position shape or color
of the sign it may interfere with, obstruct the view of, or be confused with any
authorized traffic sign, signal or device or which makes use of the words
“Stop,” “Look,” “Drive-in,” “Left” or any other words, phrases, symbols, or
characters in such a manner as to interfere with, mislead, or confuse
pedestrians, cyclists, or motorists. The regulations of the New York State
Department of Transportation must be followed with respect to the
placement of a permanent or temporary sign within the right of way of a state
highway.
6. Signs projecting into a public right-of-way require approval from the Town
Highway Superintendent and/or County and State Highway Departments, and
must have a clearance of not less than 8 feet above the sidewalk or
surrounding ground and not less than 15 feet above any public driveway or
street.
7. No sign, other than signs placed by agencies of government with appropriate
jurisdiction, or a sign whose placement is authorized by such agencies, may be
erected or placed on public property.
8. The provisions of this section do not apply to safety signs, street signs,
historical markers or highway directional signs erected by municipal or public
agencies.
9. All temporary signs must be non-illuminated. Allowed permanent signs may
be non-illuminated, or illuminated by internal light fixtures or external indirect
illumination, unless otherwise specified.
10. No sign shall be placed on the roof of any structure or building.
11. Off-premise signs are prohibited on the Cayuga Lake Scenic Byway, New York
Route 89.
12. Signs may not contain mirrors.
13. Signs may not contain day-glow or fluorescent paint.
B. Sign illumination and internally illuminated signs
1. Sign lighting fixtures must be selected and designed with International Dark-Sky
Association features to focus lighting downward.
2. In this section the term "illuminated sign" applies to both signs that are
illuminated by external and internal illumination.
3. No light shall be cast upward beyond a horizontal plane level with the light source,
or onto any adjoining property.
4. An illuminated sign or lighting device shall not be placed or located as to permit
the beams and illumination to be directed or beamed upon a public street,
highway, sidewalk or adjacent premises so as to cause glare or reflection that may
constitute a traffic hazard or nuisance.
5. Any illuminated sign or sign-lighting device shall employ only lights emitting a light
of constant intensity, and no sign shall be illuminated by or contain flashing,
intermittent, rotating or moving light or lights.
6. Signs must have photocells that automatically dim in dark conditions in direct
correlation to natural ambient light conditions. At no time shall the sign lights be
greater than 0.3 footcandle above ambient light conditions.
7. External Illumination
a. An externally illuminated sign is characterized by the use of artificial
light reflecting off its surface.
b. External light sources intended to illuminate the sign face must be fully
shielded, direct light only in a downward manner, and placed close to,
and directed upon, the sign face.
c. Externally illuminated signs must be illuminated only with steady,
stationary, fully shielded light sources directed solely onto the sign
without causing glare.
8. Internal Illumination
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a. An internally illuminated sign is characterized by the use of artificial
light projecting through its surface.
b. Internal illumination is permitted only as white or off-white
graphics on an opaque dark colored background or as white or off-
white halo lighting,
c. Internal illumination is limited to letters, numbers, symbols, and
accents. No more than 50% of the total sign area may be internally
illuminated, measured by the smallest rectangles that can fully
enclose the internally illuminated elements. The remaining area of
the sign face must remain opaque.
9. Direct Illumination
A directly illuminated sign is characterized by the use of exposed lamps,
such as neon tubes or incandescent bulbs that have no shielding and
are visible to the eye. Direct illumination of signs is not permitted in the
Town of Ulysses.
10. Electronic Message Centers (EMC)
An electrically-activated display that utilizes computer-generated
messages or other electronic means of changing to present variable
messages and/or graphic presentations. These signs include displays
using incandescent lamps, LEDs, LCDs or a flipper matrix. Electronic
Message Centers (EMCs) are not permitted in the Town of Ulysses.
C. Sign Measurement
1. Sign Area. Sign area is measured as the total area of a sign, as follows:
a. For freestanding signs, the entire area of the framework or background of the sign
is calculated as sign area, including any material or color forming the sign
face or background used to differentiate the sign from the structure
against which it is placed.
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b. For signs on a building façade consisting of freestanding letters or features, the
sign area is calculated as the total area of each rectangle that encompasses
each individual letter or feature. Sign area does not include any supporting
framework or bracing, unless such framework or bracing is part of the
message or sign face.
c. Window signs printed on a transparent film and affixed to the interior or exterior
of a windowpane are calculated as individual letters or features, provided that
the portion of the film around the individual letters or features is fully
transparent.
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d. The sign area of a three-dimensional, free-form or sculptural (non-planar) sign is
calculated as 50% of the sum of the area of the four vertical sides of the
smallest cube that will encompass the sign.
e. If a sign has two or more faces, the area of all faces is included in determining the
area of the sign, unless the two sign faces are placed back to back and are no
more than two feet apart. In such case, the sign area is calculated as the area of
one face. If the two faces are unequal in area, the area of the larger face is used
to calculate sign area.
2. Sign Height. Sign height is measured as the vertical distance from the base of a sign
or sign structure, to the highest point of the sign or sign structure. Building
mounted sign height is measured from the bottom of the sign to the top of the
sign. No portion of a building mounted sign may protrude above the building the
sign is mounted to.
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3. Vertical Clearance. For signs attached to a structure, vertical clearance is measured
as the vertical distance from the sidewalk or nearest ground level to the lowest
point of the sign.
D. Off-premise signs.
1. All off-premise signs are limited to 12 square feet per face.
2. No off-premises/advertising signs may exceed 6 feet in height, including
support, as measured from the ground below the sign.
3. Only two sign faces shall be permitted on any one structure or support.
4. No illumination is permitted, either located on or directed toward the
off-premises sign.
5. No off-premise sign may be located nearer than 300 feet to another off-
premises sign.
6. All off-premise sign applications are subject to Site Plan Review, § 212-
19.
E. Signs in A/R, R, LS, CZ, RM, MZ,PR, HN, WH, and MHP Zones. In an A/R-Agricultural/Rural
Zone, R—Residential Zone, LS—Lakeshore Zone, CZ—Conservation Zone, RM—
Multiple-Residence Zone, MZ—Marina Zone, PR—Park/Recreation, HN—Hamlet
Neighborhood, WH—Waterburg Hamlet, or MHP—Manufactured Home Park the
following signs are permitted:
1. Any sign required by law;
2. Official signs required by a governmental agency or utility, provided
such sign does not exceed 24 square feet in area;
3. No more than two signs advertising the sale of locally produced farm
products at a roadside farm stand, each not to exceed 12 square feet in
area;
4. For all other uses, one freestanding sign and one sign on a building
facade, each not to exceed 20 square feet in area. Freestanding signs
must not exceed a height of 6 (six) feet;
5. On-premise temporary signs provided such sign area does not exceed a
total 12 (twelve) square feet in area. Freestanding signs must not
exceed a height of 6 (six) feet.
F. Signs in the B1 Zone and OTMU Zone. In B1—Business and OTMU- Office Technology
Mixed Use, the following signs are permitted:
1. Any sign required by law;
2. Official signs required by a governmental agency or utility, provided
such sign does not exceed 24 square feet in area;
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3. Signs used to advertise or call attention to a place, business, person,
event, product or service offered on the premises, either freestanding
or attached to the facade of a building.
4. For retail businesses not in a shopping center, no more than two signs,
not to exceed 24 square feet each if freestanding. If more than one sign
is attached to the building facade, the cumulative square footage of all
signs shall not exceed 48 square feet.
5. For retail businesses in a shopping center, no more than one sign, not to
exceed 40 square feet if attached to a building facade.
6. For a sign that identifies a shopping center or plaza, and its tenants, no
more than one two-sided sign, not to exceed 120 square feet on a side,
not more than 15 feet high located at the entrance to the shopping
center.
7. For gasoline stations, no more than three signs, freestanding or affixed
to the building, one of which shall not exceed 24 square feet in area,
including all areas necessary to display gasoline and other fuel prices,
and two of which shall not exceed 10 square feet in area each. Signs
required by state and federal law are exempt.
8. For printing, welding, plumbing, and similar enterprises, automobile,
appliance and machinery sales and service, hotels, and commercial
indoor recreation, no more than one freestanding sign not to exceed 24
square feet in area. In addition, no more than one sign on a building
facade not to exceed 64 square feet shall be permitted.
9. One sign on the property where a home occupation, professional office,
family child care business, or bed-and-breakfast establishment is
located, provided that such sign does not exceed nine square feet in
area.
10. For all other uses, no more than one freestanding sign not to exceed 24
square feet and no more than one sign on a building facade not to
exceed 24 square feet.
G. Signs in the HC Zone.
In the HC—Hamlet Center Zone the following signs are permitted:
1. Any sign required by law;
2. Official signs required by a governmental agency or utility, provided
such sign does not exceed 24 square feet in area;
3. A maximum of one monument sign, limited to a sign area of 10 (ten)
square feet and a height of 4 (four) feet is permitted per site per right-
of-way frontage. A monument sign may be erected only on a site where
the building is set back a minimum of 15 feet from the lot line.
4. A maximum of one under-awning sign of 4 (four) square feet is
permitted per establishment with a ground-floor main entrance. An
under-awning sign must be securely fixed to the underside of the
awning with metal attachments, may not project beyond the awning,
and may not be illuminated.
5. A maximum of one porch sign is permitted per establishment per right-
of-way frontage, and is limited to 8 (eight) square feet in sign area.
6. A maximum of one wall sign is permitted per establishment per right-of-
way frontage, and is limited to 80% of the facade width and projection
from wall is limited to 2 (two) feet.
a. No wall sign may extend above the window sills of the
second story, unless the establishment extends to the
second story or above. No portion of a wall sign may extend
above the roofline or parapet wall, or, in the case of a wall
sign attached to an appurtenance, the highest point of the
appurtenance.
7. Window signs that cover less than 10% of the window area.
H. Public Safety
1. No direct or reflected light from the primary light source of a sign may
create hazards for pedestrians, cyclists, or operators of motor vehicles.
2. No sign may be installed in a way that obstructs free and clear vision, or
free use, of any public right-of-way, intersection, ingress or egress
point, transit stop, parking space, drive aisle, driveway, building
entrance, standpipe, or accessibility ramp.
3. Colored light must not be used at a location or in a manner so as to be
confused with or construed as traffic control devices.
4. Blinking, flashing, fluttering, strobe-light effects, and streaming video
are prohibited.
I. Construction
1. All signs must be erected in compliance with building, electrical, and fire
codes, and with the following requirements as applicable:
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a. Supports and braces must be designed as an integral part of
the overall sign structure and hidden from public view to the
extent technically practicable.
b. All signs attached to a building must be installed and
maintained so that wall penetrations are watertight and do
not exceed allowable stresses of supporting materials.
c. When a building-mounted sign is removed, the wall must be
repaired and restored to its original condition prior to sign
installation.
d. All signs and their supporting structures must be enclosed so
as to prevent inhabitation by birds, rodents, insects, and
other wildlife.
e. All signs must be designed and constructed to withstand
wind loads, dead loads, and snow loads as required by the
New York State Fire Prevention and Building Code.
f. Materials for signs must be durable and capable of
withstanding weathering over the life of the sign with
reasonable maintenance. Glass forming any part of a sign,
with the exception of exposed lamps, must be safety glass.
g. Signs constructed of fabric or fabric-like material must be
held taut within frames.
h. Audio components are prohibited as part of any sign.
i. Conduits and other electrical components must be designed
as an integral part of the overall sign structure and hidden
from view to the extent technically practicable. Visible
transformers are prohibited.
j. All electrical fixtures, devices, circuits, conduits, raceways, or
any apparatus used to illuminate any sign must be installed
and maintained in compliance with the National Electric
Code (NEC). A Nationally Recognized Testing Laboratory
(NRTL) listing label number must be provided for any sign
with electrical components.
J. Maintenance
1. Signs and sign structures, together with their supports, braces, guy
wires, anchors, and electrical components, must be maintained in a
proper state of repair. Any damage to or deterioration of a sign must be
repaired immediately or within 30 days of receipt of notice from the
Town of Ulysses Code Enforcement Officer.
2. When an existing sign is removed, replaced, or repaired, all brackets,
poles, wiring, and other supporting hardware that are no longer
required must be removed, and any surfaces to which the sign may
have been attached must be repaired or painted, immediately or within
30 days of receipt of notice from the Town of Ulysses Code
Enforcement Officer.
3. Where a sign is totally or partially illegible, where sign copy has been
removed, or when an establishment to which the sign pertains has been
discontinued for three or more months, the sign must be repaired,
reused, or removed immediately or within 30 days of receipt of notice
from the Town of Ulysses Code Enforcement Officer. If the property
owner fails to repair, reuse, or remove the sign within the timeframe
established by the Town of Ulysses Code Enforcement Officer, the sign
may be removed by the Town at the property owner’s expense.
4. If a sign is in an unsafe or non-secure condition, the sign must be
repaired or removed immediately or within three days of receipt of
notice from the Town of Ulysses Code Enforcement Officer. The Code
Enforcement Officer may remove any sign that is an immediate peril to
persons or property summarily, without notice, and at the property
owner’s expense.
K. Prohibited Signs
1. The below listed signs, as well as any sign type not expressly allowed by
this Law, are prohibited:
a. Abandoned or illegally erected signs.
b. Mechanically activated signs, other than barber poles and
clocks.
c. Neon and tubular gas signs.
d. Light pole banners.
e. Freestanding signs or devices motivated by wind, thermal
changes, or other environmental input, such as s, spinners,
pennants, pinwheels, balloon signs, air-activated graphics, or
other devices or displays that respond to naturally or
artificially induced external motivation, except for flags
erected in conformance with Section M. Exempt Signs.
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f. Vehicle Signs, including signs on motor vehicles that are
inoperable, do not display a current vehicle inspection
sticker or license plate, are not principally used as a mode of
transportation for business purposes, and/or are
conspicuously parked or located on a lot for more than 24
hours to advertise a product or service, or to direct the
public to a business or activity located on or off the
premises.
g. Signs that are burned, cut, painted, pasted, or otherwise
marked on or affixed to a tree, standpipe, fire escape, utility
pole, trash receptacle, bench, or any other unapproved
structure or surface.
h. Signs that simulate in color, size, or design, any traffic control
sign or signal, or that make use of words, symbols, or
characters in a manner that may interfere with, mislead, or
confuse pedestrian, cyclist, or vehicular traffic.
i. Internal illumination is limited to letters, numbers, symbols,
and accents. No more than 50% of the total sign area may be
internally illuminated, measured by the smallest rectangles
that can fully enclose the internally illuminated elements.
The remaining area of the sign face must remain opaque.
j. Signs exceeding allowed height or area for the zone where
the sign is located.
k. Example images for Prohibited Signs:
From left to right, top row: Blade Sign; Neon/Tubular Gas Sign; bottom row: Sign with 100% of
Area Internally Lit, Freestanding Sign exceeding allowed height,
L. Exempt Signs
1. Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies, religious or
nonprofit organizations, not exceeding six square feet.
2. Flags and insignia of any government, except when displayed in
connection with commercial promotion.
3. Up to three different flags per lot, subject to the following restrictions:
4. The total area of all flags shall not exceed fifty square feet. The total
area of an individual flag shall not exceed 24 square feet;
5. The flag pole shall be attached to a building;
6. The flag pole or other structure on which such a flag is displayed shall
be treated as part of any building to which it is attached for all height
computations and not as an appurtenance or a part of the sign;
a. No freestanding flags are allowed;
b. No flag bearing an explicit commercial message shall
constitute an exempt flag.
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7. On-premises directional signs for the convenience of the general public,
such as identifying parking areas and fire zones, when not visible from a
right-of-way.
8. Nonilluminated warning, private drive, posted or no trespassing signs,
not exceeding two square feet.
9. Number and nameplates identifying residences or businesses mounted
on a house, building, apartment, or mailbox, not exceeding one square
foot in area.
10. Lawn signs identifying residences, not exceeding one square foot or two
square feet if double-faced. Such signs are to be non-illuminated except
by a light which is an integral part of a lamppost if used as a support.
§ 212-123 Standards for outdoor lighting.
A. Appropriately regulated and properly installed outdoor lighting will contribute to the
safety and welfare of the residents of the Town. Principal among these
concerns is:
1. The degradation of the nighttime visual environment by production of
unsightly and dangerous glare;
2. Lighting practices that produce excessive glare and brightness that
interferes with the health and safety of the Town of Ulysses’
citizens and visitors;
3. Unnecessary waste of energy and resources in the production of too
much light or wasted light;
4. Interference in the use or enjoyment of property that is not intended to
be illuminated at night by light trespass, and the loss of the scenic
view of the night sky due to increased sky-glow; and
5. The impact of inappropriately designed outdoor lighting that disrupts
nocturnal animal behavior, particularly migrating birds and other
species.
B. This section is intended to assist property owners in their efforts to provide a safe and
secure environment, control energy costs and keep unnecessary direct light from
shining onto abutting properties or streets. It is also intended to reduce the
problems of glare, minimize light trespass, and help reduce the energy and
financial costs of outdoor lighting by establishing regulations which limit the area
that certain kinds of outdoor lighting fixtures can illuminate and by limiting the
total allowable illumination of lots located in the Town of Ulysses.
C. Any lights used to illuminate the exterior of a single-family residence, two-family
residence, multiple-family residence, dormitory or other group residence, or
manufactured home park, or a commercial, industrial, or other nonresidential
space or parcel, including buildings, signs and other structures, parking and
pedestrian areas and landscaping, shall be designed and installed such that:
1. Any luminaire with a lamp or lamps rated at a total of more than 1,800
lumens, and any flood or spot luminaire with a lamp or lamps rated
at a total of more than 900 lumens, shall not emit any direct light
above a horizontal plane through the lowest direct light-emitting
part of the luminaire;
2. Any luminaire with a lamp or lamps rated at a total of more than 1,800
lumens, and any flood or spot luminaire with a lamp or lamps rated
at a total of more than 900 lumens, shall be mounted at a height
equal to or less than the value 3 + (D/3), where D is the distance in
feet to the nearest property boundary;
3. The maximum height of the luminaire may not exceed 25 feet.
D. Exceptions to the above shall be:
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1. Any luminaire with a lamp or lamps rated at a total of 1,800 lumens or
less, and any flood or spot luminaire with a lamp or lamps rated at
900 lumens or less, may be used without restriction as to light
distribution or mounting height, except that if any spot or flood
luminaire rated 900 lumens or less is aimed, directed or focused
such as to cause direct light from the luminaire to be directed
toward residential buildings on adjacent or nearby land, or to
create glare perceptible to persons operating motor vehicles on
public ways, the luminaire shall be redirected or its light output
controlled as necessary to eliminate such conditions;
2. Luminaires used for public roadway illumination may be installed at a
maximum height of 25 feet and may be positioned at that height
up to the edge of any bordering property.
E. Light Trespass Standard
1. Site lighting fixtures shall be selected and designed with International
Dark-Sky Association features to focus lighting downward without
excessive illumination of the upper residential stories of buildings or of
the night sky.
2. All light fixtures, including security lighting, shall be located, aimed and
shielded so that the direct illumination from the fixture shall be
confined to the property boundaries of the source.
3. Any privately or publicly owned outdoor light fixture with a lamp of
initial output over 10,000 lumens located within 50 feet of any
residential (including Residence, multiple-family) property or public
right-of-way shall utilize an internal or external shield, with the light
fixture and shield oriented to minimize light trespass over the adjacent
property or right-of way line. If an external shield is used, its surface
must be painted black to minimize reflections.
F. Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited:
1. Outdoor floodlighting by flood light projection above the horizontal
plane.
2. Search lights, flood lights, laser source lights, or any similar high
intensity light, except in emergencies by police, fire, or medical
personnel or at their direction; or for meteorological data gathering
purposes.
3. Any lighting device located on the exterior of a building or on the inside
of a window which is visible beyond the boundaries of the lot or
parcel with intermittent fading, flashing, blinking, rotating or strobe
light illumination.
G. Exceptions.
1. Airport Lighting
a. Required navigational lighting systems at airports for the safe
and efficient movement of aircraft during flight, take off,
landing and taxiing is exempt from the provisions of this
Section. Lighting used for illumination of aircraft loading,
unloading, and servicing areas is exempt from the
lumens maximum although it must conform to all other
requirements of this Section. All other outdoor lighting
at airport facilities shall comply with the provisions of
this Section.
2. Emergency Lighting by Emergency Services
a. Searchlights, floodlights, laser source lights, strobe or
flashing lights, or any similar high intensity lights are
permitted when used in emergencies by police, fire,
medical, or utility personnel or at their direction.
3. Construction and Renovation of Municipal Facilities
a. All outdoor lighting used for construction or major
renovation of municipal buildings, structures and facilities is
exempt from the provisions of this Section.
§ 212-124 Standards for buffer areas.
A. Visual screening/Vegetated buffer.
(1) Wherever a vegetated screening buffer area is required by this chapter,
said buffer area shall be planted and maintained with vegetation that
results in a visual barrier that is at least six feet in height from ground level
within three years to five years. All vegetated buffers shall be maintained.
(2) Vegetation within any required buffer area may consist of maintained
lawn, shrubs or trees. Plants selected for use in any required buffer areas
should be species that are hardy to the Finger Lakes region and that are
noninvasive. Shrubs when planted may be two feet to four feet in height
and must achieve six feet in height within three years to five years. Trees
shall be six feet in height when planted.
(3) At the discretion of the Planning Board, a fence may be substituted for
vegetation to achieve the required six-foot high visual screen; provided,
however, that:
(a) The width of the buffer area is not reduced below the minimum
required by this chapter;
(b) The remaining portions of the buffer area shall be planted and
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maintained with vegetation.
(4) In the case of new construction within a B1—Business Zone or OTMU—
Office Technology Mixed Use Zone, such a visual barrier shall be planted or
built prior to the issuance of any certificate of zoning compliance by the
Zoning Officer.
B. Stream and Wetland protection setback.
1. Healthy stream sides that are vegetated with native woody trees and shrub
plants provide flood reduction, erosion control, groundwater filtration,
surface water quality improvement, and wildlife habitat. Therefore,
commercial parcels and properties and all properties in environmental overlay
zones that are being considered for new development or building upgrades
and that encompass or adjoin a stream or creek are required to maintain and
protect the existing vegetated streamside habitat (i.e., setbacks) during and
after construction, or restore the vegetation through plantings in those
habitats where such vegetation has been removed.
2. U.S. Geological Survey topographical maps will be used to classify
intermittent/impermanent and perennial/permanent streams. Impermanent
or intermittent, also known as "seasonal," streams require a minimum of 25
feet of setback on each side of the stream, extending from the stream bank
toward the uplands. Permanent/perennial streams are required to have a
minimum 50 feet of buffer on each side of the stream, extending from the
stream bank toward the upland.
3. No buildings or other structures, or parking areas, shall be located within 100 feet
from any NY State Regulated wetland. No buildings or other structures, or parking
areas, shall be located within 50 feet from any Federally or locally designated
wetland.
Area or Zone Setback
Setback to Taughannock
and Trumansburg Creeks
in all zones
100 feet
Specific Zone Setbacks Perennial/
Permanent
Intermittent/
Impermanent
Wetland
General Setback if not
otherwise noted.
50 feet 25 feet 50 feet
A/R - Agricultural 50 feet 25 feet 50 feet
A2 – Special Agricultural 100 feet from a stream or any Federal, State, or local wetland
R – Residential (see §212-
41)
50 feet 50 feet 100 feet State
50 Federal or local
LS – Lakeshore (see §212-
47 for details)
50 feet from
any stream or
lake.
In UNA or steep
slope overlay,
setback is 75
feet
50 feet.
In UNA or steep
slope overlay,
setback is 75 feet
C – Conservation (see (see
§212-55 for details).
Regulations apply to
buildings, structures,
paved areas, or storage of
equipment.
50 ft. May be
increased by
50%
50 feet. May be
increased by 50%
RM – Multiple-Residence
(see §212-133)
Buildings, structures, or parking: >100 feet from
a stream edge
Roadways: > 50 feet from a stream edge
MHP – Manufactured
Home Parks (see §212-
132.L for more details)
No manufactured home, structures, parking
areas or roads within 50 feet from any stream
edge
HC – Hamlet Center
50 feet from any stream edge or any wetland for any
area.
HN – Hamlet
Neighborhood
(see §212-81 for more
details)
50 feet from any stream edge or any wetland for any
area.
WH – Waterburg Hamlet 50 feet from a stream edge or any federal or locally d
building, structure, or parking area. Setback to any st
B1 – Business
(see §212-93 for more
details)
No buildings, structures, parking areas within 100 fee
No roads within 50 feet from any stream edge.
MZ – Marina 100 feet from a stream edge or wetland. See §212-10
102.A.4.c: Design Standards
OTMU – Office Technology
Mixed Use (see §212-109
for more details)
Buildings, structures, or parking: >100 feet from a str
PR – Parks and Recreation Buildings, structures, or parking: >100 feet from a str
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frontage using mean high water
DD – Development
Districts
See individual districts
Design Stds – Animals
(212-126)
Buildings where animals are kept: >100 feet from a stream edge or wetland
Design Stds –
campgrounds – seasonal,
group and overnight (212-
127)
Campsites, buildings, tents, structures, parking: >100 feet from a stream edge or
wetland
Roadways: > 50 feet from a stream edge or wetland
Design Stds – Extractive
Industry (212-129)
Mining activities, buildings, parking, equipment or production storage areas: >100
feet from a stream edge or wetland.
Design Stds – Sawmills
(212-136)
Buildings, structures, log- or lumber-sorting or storage yards, parking or equipment
storage: > 100 feet
Design Stds – Farm
Operation, Accessory
Commerce (212-139)
Buildings, structures, parking: >100 feet from wetland or perennial stream.
Roadways: > 50 feet from stream edge of any perennial stream or wetland
4. Applicability.
a. A 100-foot stream setback is required adjacent to Trumansburg and
Taughannock Creeks. Vegetation in stream protection setbacks will
consist of native tree and shrub species, tolerant of the conditions of
flooding and soil saturation which are typical of such habitats, and
generally designated as Obligative Wetland, Facultative, Facultative
Wetland, or Facultative Upland Species in the U.S. Army Corps of
Engineers’ National Wetland Plant List (NWPL), (2016, as revised). This
design includes approximately 75 feet of undisturbed mature forest
directly adjacent to the bank, a middle zone 15 feet wide of actively
growing forest with periodic thinning, and a third zone approximately
15 feet wide planted in warm-season grasses. Larger setbacks with
wider zones are encouraged to provide greater stream protection.
b. The Town of Ulysses requires the delineation of any applicable stream
or wetland setback areas on subdivision plats, site plan applications,
special permits, and variance applications, building permit applications,
excavation or fill permit applications, or any Land Development Activity
as defined by the Local Law for Stormwater Management and Erosion &
Sediment Control.
c. Classification of perennial and intermittent streams will be determined
by U.S. Geological Survey topographical maps or determination by a
New York State Licensed Geologist or Tompkins County Soil & Water
Conservation Zone. Intermittent, also known as "seasonal," streams
require at least a minimum of 25 feet of setback on each side of the
stream, extending from the stream bank toward the uplands. Perennial
streams are required to have at least a minimum 50 feet of buffer on
each side of the stream, extending from the stream bank toward the
upland. Certain zones vary from these general setbacks.
d. Classification of wetlands will be determined by a qualified wetland
delineator using the methodology contained in the US Army Corps of
Engineers Wetlands Delineation 1987 or latest version. A jurisdictional
letter may be required by either the US Army Corps of Engineers or NY
State Department of Environmental Conservation to confirm the
wetland/upland boundaries.
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5. Prohibited Activities
The following activities are explicitly prohibited in the stream or wetland setback
area.
a. Storage or placement of any hazardous materials, before the following
setback allotment, is prohibited. All sewage systems, both drain fields and
raised systems and replacement of existing wells, must adhere to a 100-
foot buffer from Trumansburg and Taughannock Creeks. Any property
that cannot accommodate such a buffer requires a variance.
b. Purposeful introduction of invasive vegetative species that reduce the
persistence of local vegetation is prohibited. For a listing of invasive
vegetation to avoid, refer to the Tompkins County Environmental
Management Council’s List of Invasive Plants of Tompkins County, New
York (2018, as revised).
c. Waste storage and disposal including but not limited to disposal and
dumping of snow and ice, recyclable materials, manure, hazardous or
noxious chemicals, used automobiles or appliance structures, and other
abandoned materials.
d. Public water supply wells must be greater than 200 feet from top of
stream bank; private wells are not allowed in the stream setback area.
Any property whose water supply cannot accommodate such a buffer
requires a variance.
e. Soil disturbance by grading, stripping, mining or removal of soil, sand and
gravel, and quarrying of raw materials.
f. Filling or dumping.
g. Dredging, deepening, widening, straightening or any such altercation of
the beds and banks of natural streams except where the New York State
Department of Environmental Conservation has issued a permit expressly
allowing such activities on the parcel.
h. Storage or application of herbicide, pesticides, fertilizers, or other
chemicals.
i. Parking, storage, or operation of motorized vehicles.
6. Variance Procedures
a. Variances from the above buffer and setback requirements
may be granted only in accordance with the following
provisions. Except as provided below, the Town of Ulysses
Board of Zoning Appeals may not grant a variance from this
ordinance without conducting a public hearing on the
application for variance.
b. A variance may be granted only upon a finding that a
property's shape, topography or other physical conditions
prevents land development unless a variance is granted, or
that strict adherence to the minimal buffer and setback
requirements would create extreme hardship.
c. A variance request must include the following information in
written documentation:
i. A to-scale site map with stream, wetlands, slopes
and other natural features locations as
determined by field survey;
ii. Description of the topography, slopes and soil
type, shape of property, natural vegetation, and
other distinguishing or prohibitive physical
characteristics of the property;
iii. The locations and footprint of all existing
structures and other impervious cover on a site
map, with footprint for proposed structures. This
map shall include the limits of all existing and
proposed excavation, fill or other Land
Development Activity, both inside and outside the
stream setback;
iv. The exact area of the affected buffer and setback,
and nature of proposed changes to be made to
these areas shall be accurately and clearly
indicated. A calculation of the total area and
length of the proposed intrusion and any pre-
existing intrusions shall be included;
v. A stormwater management plan given the
proposed changes and intrusions;
vi. Documentation of supposed hardship should the
buffer be maintained;
vii. Proposed mitigation for the intrusion.
7. The following matters will be considered in determining whether to
issue a variance:
a. The shape and physical characteristics of the property;
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b. The locations of all streams and wetlands on and/or adjacent
to the property;
c. The location and extent of the proposed buffer or setback
intrusion;
d. Whether alternative designs are possible which require less
intrusion;
e. The water quality impacts of the proposed variance.
§ 212-125 Standards for adult entertainment businesses.
A. Numerous studies have shown that the presence of adult entertainment
businesses can have serious, objectionable secondary effects on the general
health, safety and economic well-being of the community. Such documented
secondary effects may include an increase in the rate of crime, the loss of
customers of neighboring commercial establishments, a decline in the value of
surrounding properties, the deterioration of surrounding properties and the onset
of blight in surrounding commercial and residential areas.
B. The purpose of this section is to:
(1) Eliminate or to the extent possible mitigate the negative secondary effects
of adult entertainment uses in the Town of Ulysses;
(2) Provide for these uses within the Town, but in areas where they will have
a lesser negative effect on the community; and
(3) Utilize the least intrusive method of controlling the negative secondary
effects of adult entertainment businesses.
C. Any building in which an adult entertainment business is conducted shall be
located at least 200 feet from the boundary of an A/R—Agricultural Rural Zone,
R—Residential Zone, RM—Multiple-Residence Zone, MHP—Manufactured Home
Zone, HC—Hamlet Center Zone, HN-Hamlet Neighborhood Zone, WH—Waterburg
Hamlet Zone, or B1—Business Zone.
D. Any building in which an adult entertainment business is conducted shall be
located at least 500 feet from any child-care center, group child-care center,
church, mosque, synagogue, temple or other place of worship, community center
or any preschool, nursery school, public park, elementary, middle or high school.
E. Advertisements, displays, or other promotional materials for adult entertainment
businesses shall not be shown or exhibited so as to be visible to the public from
any street, sidewalk, or other public place. Permitted signs shall only display the
name of the establishment and hours of operation.
F. All building openings, entries, exits or windows for adult entertainment facilities
shall be located, covered, or screened in such a manner as to prevent a view into
the interior from any street, sidewalk or other public place.
G. In the case of an adult drive-in motion picture theatre, viewing screens shall be
situated and screened so as to prevent observation from any street or adjoining
property.
§ 212-126 Standards for animals in residential areas.
The keeping of domestic livestock is permitted in the R—Residential Zone, and CZ—
Conservation Zone residential zones only if:
A. Animal waste shall be managed according to current best management practices
to minimize odors, dust, leaching and water runoff.
B. No buildings where animals are kept shall be located within 100 feet from a
stream edge or any wetland as defined by local, state or federal law.
C. All domestic livestock shall be kept on the property, and fencing shall be
appropriate and adequate for the species maintained.
§ 212-127 Standards for campgrounds.
A. Campgrounds, seasonal.
(1) The maximum density of campsites within a campground shall be no more
than 10 per acre, based on the total area of the parcel.
(2) No campsite shall be closer than 275 feet from the right-of-way of a public
road or highway.
(3) To ensure adequate vehicular stacking room during peak campground entry
and exit periods, the length of the entry drive or roadway to the campground
shall be designed in a manner that ensures a distance of at least 200 feet
between the public road or highway right-of-way line and point of registration.
In addition, parking for a minimum of five recreational vehicles or
vehicle/trailer combinations shall be constructed to serve the registration
building structure. Each parking space shall be designed to accommodate a
recreational vehicle or vehicle/trailer combination of 40 feet in length.
(4) All roads within the campground shall be at least 12 feet wide for one-way
traffic and 20 feet wide for two-way traffic, constructed with an all-weather
surface material, and properly marked with appropriate directional and traffic
86
safety signage.
(5) Each campsite shall be numbered and shall have a minimum width of 30 feet
and a minimum depth of 50 feet.
(6) No campsites, buildings, tents, structures, or parking areas shall be located
within 100 feet of a stream edge or any wetland as defined by local, state or
federal law. With the exception of stream crossings, no roadways shall be
located within 50 feet from a stream edge or any wetland as defined by local,
state or federal law.
(7) Each campsite shall have a designated area for a campfire and shall be located,
cleared and maintained in accordance with recommendations of the
Trumansburg Fire Department Chief.
(8) No more than two motor vehicles shall be parked at or be registered at a
campsite at any time.
(9) Parking for campground patrons and guests shall be provided in a location or
locations conveniently accessible to the campsites, at a rate of one parking
space for each 10 campsites.
(10) Where the campground property fronts a public road or highway, within the
required yard area at least 50% of the length of the frontage on said public
road or highway shall be planted and maintained with vegetated buffer per the
requirements of Article XX, § 212-124.
(11) Any camping unit for sale must be placed on a campsite. There shall be no
other commercial sales except for the sale of firewood, charcoal or other fuel
to be used for camping purposes, and an inventory of miscellaneous and
sundry items for the accommodation and use of campers and their guests.
(12) Storage of camping vehicles, campers, motor homes and boats on trailers is
allowed; however, units in storage can occupy no more than 60% of all
campsites. The storage of more than one camper, motor home, recreational
vehicle, or boat on trailer at any campsite is prohibited.
(13) Provisions for water supplies, sewage disposal and garbage disposal shall meet
all the requirements of the Tompkins County Health Department.
(14) Wildlife and rodent-proof refuse containers shall be provided so that there
shall be a minimum of one container for every four campsites.
(15) Garbage shall be picked up at least twice per week during the months of June,
July and August, and at least once per week during all other times when the
campground is operating.
(16) The campground shall be kept free and clear of all litter and maintained in a
neat and orderly manner. The owner shall be responsible for the maintenance
of all campground facilities, including areas designated as open space, streets,
landscaping, sewage disposal and water supply systems, and solid waste
collection.
B. Campgrounds, overnight.
(1) The maximum density of campsites within a campground shall be no more
than 10 per acre, based on the total area of the parcel.
(2) No campsite shall be closer than 275 feet from the right-of-way of a public
road or highway.
(3) All roads within the campground shall be at least 12 feet wide for one-way
traffic and 20 feet wide for two-way traffic, constructed with an all-weather
surface material, and properly marked with appropriate directional and traffic
safety signage.
(4) Each campsite shall be numbered and shall have a minimum width of 30 feet
and a minimum depth of 50 feet.
(5) No campsites, buildings, tents, structures, or parking areas shall be located
within 100 feet of a stream edge or any wetland as defined by local, state or
federal law. With the exception of stream crossings, no roadways shall be
located within 50 feet from a stream edge or any wetland as defined by local
state or federal law.
(6) Each campsite shall have a designated area for a campfire and shall be located,
cleared and maintained in accordance with recommendations of the
Trumansburg Fire Department Chief.
(7) No more than two motor vehicles shall be parked at or be registered at a
campsite at any time.
(8) Parking for campground patrons and guests shall be provided in a location or
locations conveniently accessible to the campsites, at a rate of one parking
space for each 10 campsites.
(9) Where the campground property fronts a public road or highway, within the
required yard area at least 50% of the length of the frontage on said public
road or highway shall be planted and maintained with vegetated buffer per the
requirements of Article XX, § 212-124.
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(10) Any camping unit for sale must be placed on a campsite. There shall be no
other commercial sales except for the sale of firewood, charcoal or other fuel
to be used for camping purposes, and an inventory of miscellaneous and
sundry items for the accommodation and use of campers and their guests.
(11) Provisions for water supplies, sewage disposal and garbage disposal shall meet
all the requirements of the Tompkins County Health Department.
(12) Wildlife and rodent-proof refuse containers shall be provided so that there
shall be a minimum of one container for every four campsites.
(13) Garbage shall be picked up at least twice per week during the months of June,
July and August, and at least once per week during all other times when the
campground is operating.
(14) The campground shall be kept free and clear of all litter and maintained in a
neat and orderly manner. The owner shall be responsible for the maintenance
of all campground facilities, including areas designated as open space, streets,
landscaping, sewage disposal and water supply systems, and solid waste
collection.
C. Campgrounds, group. [Added 8-12-2014 by L.L. No. 3-2014]
(1) All accommodations shall be of a temporary, seasonal nature only, except as
set forth in this subsection.
(2) The cabins, tent sites or other structures providing accommodations shall
provide sleeping space for no more than seven persons per acre.
(3) No structure containing accommodations shall be closer than 275 feet from
the right-of-way of a public road or highway.
(4) No camping vehicles, campers and motor homes shall be permitted on the
premises.
(5) Provisions for water supplies, sewage disposal and garbage disposal shall meet
all the requirements of the Tompkins County Health Department.
(6) Wildlife and rodent-proof refuse containers shall be provided.
(7) Garbage shall be picked up at least once per week during all times when the
campground is operating.
(8) The campground shall be kept free and clear of all litter and maintained in a
neat and orderly manner. The owner shall be responsible for the maintenance
of all campground facilities, including areas designated as open space, streets,
landscaping, sewage disposal and water supply systems, and sold waste
collection.
(9) There shall be no more than two single-family residences for each group
campground facility. The use of single-family residences shall be accessory to
the group campground use, such as housing for a caretaker.
(10) All roads within the campground shall be at least 12 feet wide for one-way
traffic and 20 feet wide for two-way traffic and properly marked with
appropriate directional and traffic safety signage.
(11) No campsites, buildings, tents, structures, or parking areas shall be located
within 100 feet of a stream edge or any wetland as defined by local, state or
federal law, or the lakefront of any lake. With the exception of stream
crossings, no roadways shall be located within 50 feet from a stream edge or
any wetland as defined by local, state or federal law, or the lakefront of any
lake.
(12) The group campground shall have designated areas for campfires and shall be
located, cleared and maintained in accordance with recommendations of the
Trumansburg Fire Department Chief.
(13) Where the group campground property fronts a public road or highway, within
the required yard area at least 50% of the length of the frontage on said public
road or highway shall be planted and maintained with vegetated buffer per the
requirements of Article XX, § 212-124.
§ 212-128 Standards for accessory dwelling units.
A. Purpose and intent. It is the specific purpose and intent of this section to allow
accessory dwelling units in the A/R, R, HN, LS, and CZ Zones to provide the
opportunity for the development of small rental housing units designed, in
particular, to provide market-rate affordable housing in the Town of Ulysses.
Furthermore, it is the purpose and intent of this section to allow for efficient use
of the Town's existing stock of dwellings in economic support of resident families
and to protect and preserve property values while preserving the character and
quality of life in the Town of Ulysses neighborhoods. To help achieve these and
other goals consistent with the Town of Ulysses Comprehensive Plan, specific
requirements are hereby set forth for accessory dwelling units and their related
uses. These requirements are in addition to any other requirements for accessory
dwelling units set forth elsewhere in this chapter.
B. Adequate water and sewerage disposal arrangements shall be provided for the
accessory dwelling unit. These arrangements may include connections to such
facilities of the existing principal residence or may be separate.
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C. Any accessory dwelling unit placed on a lot shall be considered an accessory
building and shall be clearly subordinate to the principal residence on the lot.
D. Placement of any accessory dwelling unit shall be in accordance with the lot area
and yard requirements of the zoning district within which it is located.
E.
F. Floor area. The floor area of the accessory dwelling unit may not exceed 1,200
square feet.
G. No other accessory dwelling units may be located on the lot.
H. If the street-facing facade of the building occupied by a detached accessory
dwelling unit is visible from the street line, at least 20% of the street-facing facade
must have window or door openings.
§ 212-129 Standards for extractive industry.
A. Extraction operations shall meet all development and performance standards of
this chapter and of all applicable local, state and federal regulations. These
standards shall apply to any activities in the Town of Ulysses defined as extractive
industry in Article IV where more than 500 tons or 350 cubic yards, whichever is
less, of a mineral(s) are removed from the earth during 12 successive calendar
months.
B. The applicant shall submit information that includes, at a minimum:
(1) A survey of the entire property on which the mining activity is proposed
showing topography, the locations of all streams, wetland and other bodies
of water and existing vegetation;
(2) A site plan showing the lands to be mined, all proposed buildings or
structures, equipment maintenance, parking or storage areas, access
roadways and all required buffer areas and visual barriers;
(3) A proposed mining plan, including information on type of deposit (e.g.,
glacial, etc.), name of mineral (sand, gravel, clay, etc.) proposed to be mined,
type of mining operations (surface, unconsolidated, etc.), proposed mining
method, proposed mining sequences and directions, proposed grades and
slopes, location and elevation of mine floor, and disposition of stockpiles and
waste materials;
(4) The proposed pollution-control measures to address potential air pollution
(dust), noise pollution or water pollution (water-borne sediments);
(5) A reclamation plan that, at a minimum, shall clearly show how the site will be
restored to either:
(a) A condition similar to or compatible with that which existed prior to any
mining; or
(b) Some other productive use of the land, such as forests, pasture, crops,
wildlife area, etc.; or
(c) Suitable land for subsequent development or construction; and shall
include an estimated cost of site reclamation upon the cessation of
mining operations;
(6) Information on the width, bearing capacity and type of road surface of all
Town of Ulysses roads proposed to be used by truck traffic to or from the site
and the nearest county or state highway, and the weight of the vehicles using
the facility;
(7) Any other information deemed reasonable and necessary by the Planning
Board in its consideration of site plan approval.
C. The applicant's mining and reclamation plans shall describe the mining method as
designated by the applicant on the basis of current or anticipated mining
practices, and the reclamation method, having as its objective the preparation of
the affected land for a future productive use. The proposed method of mine
operating and the method of reclaiming the affected land to achieve the
applicant's land-use objective shall be compatible with sound environmental
management practices.
D. An analysis by the applicant shall indicate if any improvements to Town and
county roads may be necessary.
E. Zoning district setback requirements notwithstanding, any excavation or quarry
wall, and any equipment used for rock, gravel, soil or mineral-crushing or other
processing, shall be located a minimum of 250 feet from any property boundary
line or public road or highway right-of-way.
F. Except for ingress and egress roadways, no roadways within the site shall be
closer than 200 feet from a property line.
G. No accessory buildings or structures, or equipment maintenance, parking or
storage areas, shall be closer than 100 feet from any public road or highway right-
of-way, or other property boundary.
H. A vegetated earthen or rock berm with a crest at least eight feet above any
89
adjacent public road or highway, and with a side slope not exceeding a rise of one
foot for each 2.5 feet of horizontal distance, shall be constructed and maintained
prior to commencement of mining production or sale activities.
I. No mining activities, buildings, structures, parking areas, equipment or production
storage areas shall be located within 100 feet from a stream or any wetland as
defined by local, state or federal law.
J. A visual screen at least 40 feet in width and composed of evergreen trees shall be
planted along any site boundary line that abuts one or more residential lots. All
evergreen trees shall be at least eight feet in height at time of planting and be
spaced so as to form an opaque vegetative screen. The owner shall be responsible
for maintaining this vegetation buffer.
K. Truck access to any excavation shall be so arranged as to minimize danger to
traffic and nuisance to surrounding properties. At a minimum, there shall be 500
feet of sight distance at the entrance to the facility.
L. Access roads into and out of the site shall meet the Town of Ulysses specifications
for road base.
M. All ingress and egress points into the site shall be secured from unauthorized
access or trespass.
N. Prior to the commencement of operations the applicant shall: 1) deposit with the
Town Clerk a certified check in an amount set by the Planning Board to cover the
full cost of reclaiming the site; or 2) file with the Town Clerk a performance bond
to cover the full cost of the required reclamation. Any such bond shall comply
with the requirements of § 274-a of the Town Law and, further, shall be
satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner
of execution and surety.
§ 212-130 Standards for flag lots.
A. Flag lots as defined in Article IV, § 212-22, shall meet the minimum lot area excluding
the pole, lot width, and lot depth requirements of the zoning district within which it is
located. The pole of the flag lot shall have a minimum width of 50 feet at every point
and the pole shall be no less than 100 feet in length.
B. In areas where agriculture is the predominant land use, in particular the A/R, and R
Zones, flag lots should be located on the least productive agricultural lands, and be
configured so as to minimize interference with the agricultural use of the lands.
C. Whenever practicable, adjoining flag lots should be platted in a manner that
encourages shared driveway access points along public roads and highways.
D. No parcel may be subdivided into more than 2 flag lots as of the adoption of this zoning on
____ 2019
§ 212-131 Standards for public garages, gasoline sales stations and body shops.
A. No part of any public garage shall be used for residence or sleeping.
B. No part of any building used as a public garage or gasoline sales station and no
filling pump, lift or other service appliance shall be erected within 200 feet of any
R—Residential, —, RM—Multiple-Residence, MHP—Manufactured Home Zone
C. No gasoline or oil pump, no oiling or greasing mechanism and no other service
appliance installed in connection with any gasoline sales station or public garage
shall be within 50 feet of any street right-of-way.
D. No garage for painting or repairing automobile bodies involving hammering or
other work causing loud or unusual noise, fumes or odors shall be located within
300 feet of any R—Residential, , , RM—Multiple-Residence, or MHP—
Manufactured Home Zone.
E. The general elevation of the vehicle-servicing area shall not be raised higher than
two feet from the surrounding properties.
F. Gasoline sales stations are limited to a maximum of four individual filling pumps in the
HC – Hamlet Center Zone. A multiple pump stanchion is counted according to
the number of pumps; for example, a double stanchion is counted as two
pumps.
H. For unstaffed self-wash facilities, a security system must be installed and maintained,
including a functional security camera to monitor all areas of the car wash.
I. Vehicle rental and sales must be located within a fully enclosed building.
J. Any repair and service operations must be performed within a fully enclosed building.
Bay doors may be open during hours of operation.
K. No partially dismantled, wrecked, or unregistered vehicle or boat may be stored
outdoors on the premises.
§ 212-132 Standards for manufactured home parks.
A. No parking facilities or driveways, except driveways for the purpose of ingress to
or egress from the premises, shall be allowed within any of the front, side or rear
yard setback areas.
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B. All interior roads within the manufactured home park shall be paved with
blacktop, concrete or other solid material, shall be a minimum of 20 feet wide
with a six-foot wide shoulder constructed of an all-weather surface material on
each side, and shall be properly drained.
C. All lots within the manufactured housing park shall be improved for use by
independent manufactured homes, including the provision of adequate and safe
water supply, sewage disposal, solid waste disposal and other utility systems.
D. Underground installation of the utility distribution and service lines is required
except where it is infeasible due to site-specific conditions, as determined by a
qualified engineer.
E. All manufactured home park maintenance, storage areas or facilities, and sewage
treatment facilities shall be screened from all dwelling lots, internal streets, and
public roads or highways by man-made screens or natural plant materials.
F. A minimum of 10% of the gross park area or 1,000 square feet per dwelling unit,
whichever is larger, shall be provided for outdoor recreation. This recreation
space shall be suitable for outdoor recreational activity and shall be easily
accessible to all units.
G. No manufactured home shall be located closer than 30 feet from another
manufactured home, or closer than 40 feet from the center line of any interior
park road.
H. No manufactured home shall be located less than 50 feet from any front, side or
rear yard line of the lot or parcel.
I. No manufactured home shall be located less than 50 feet from any maintenance,
storage areas or facilities, and sewage treatment facilities if present.
J. There shall be a vegetated buffer, not less than 20 feet in width, within any yard
area not fronting on a public road or highway, planted and maintained in
accordance with Article XX, § 212-124.
K. Where the property fronts on a public road or highway, within the required yard
area at least 50% of the length of the frontage on said public road or highway
shall be planted and maintained with a vegetative screen.
L. No manufactured homes or other structures or parking areas shall be located
within 50 feet of a stream edge or any wetland as defined by local or federal law
or 100 feet from a state wetland. With the exception of stream crossings, no
roadways shall be located within 50 feet horizontal distance from a stream edge
or any wetland as defined by local, state or federal law.
M. The manufactured housing park owner shall be responsible for the maintenance
of all park facilities, including areas designated as open space, recreation areas,
landscaping, streets, privately owned sewage disposal and water supply systems,
and solid-waste collection and storage facilities.
N. All manufactured home tow bars and hitches which are designed to be removable
at the time of installation shall be removed in accordance with the manufacturer's
instructions when the dwelling is sited.
O. Where an individual manufactured home lot abuts a front yard of the
manufactured home park or a side or rear yard that borders a public road or
highway, said manufactured home shall be sited in a manner so that the longer
side of the manufactured home is parallel to or nearly parallel to the public road
or highway right-of-way line.
P. Each dwelling within the manufactured home park shall have the space
underneath the dwelling enclosed by skirting constructed of fire-resistant
material.
§ 212-133 Standards for land development in RM — Multiple-Residence Zone (see
Residence, Multiple-family)
A. All access roadways and vehicle and equipment parking areas shall be paved,
surfaced or covered with gravel so as to be well-drained and provide an all-
weather surface.
B. All vehicular drives shall be designed and constructed with an all-weather surface
material, a minimum of 20 feet wide and properly drained. If the length of the
drive is more than 100 feet or serves more than four residences, then the
Planning Board may, in its discretion, set further requirements.
C. Any proposed streets or roads within the proposed project that will be deeded to
the Town shall be designed and built to Town of Ulysses highway specifications.
D. The developer shall provide adequate sewer and water facilities. The preferred
method of sewage disposal shall be by public or community facilities. However, if
the applicant can obtain the appropriate on-site disposal system permit(s), then
this method of treatment will be permitted.
E. To ensure adequate provision for light, air, access and privacy in the arrangement
of the buildings to each other, no building shall be closer than 30 feet to another
building. Each dwelling unit shall have a minimum of one exterior exposure.
F. A minimum of 10% of the gross area of the development or 1,000 square feet per
dwelling unit, whichever is greater, shall be provided for outdoor recreation space
in addition to setback requirements. The recreation space shall be suitable for
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outdoor recreational activity and shall be easily accessible to all units.
G. No parking facilities or driveways, except driveways for the purpose of ingress to
or egress from the premises, shall be allowed within any of the front, side or rear
yard setback areas.
H. No parking facilities or driveways shall be located within 12 feet horizontal
distance of any dwelling unit.
I. No buildings or other structures, or parking areas, shall be located within 100 feet
horizontal distance from the stream edge of any perennial stream, or any wetland
as defined by local, state or federal law. With the exception of stream crossings,
no roadways shall be located within 50 feet horizontal distance from the stream
edge of any intermittent stream, or any wetland as defined by local, state or
federal law.
§ 212-134 Standards for residential swimming pools.
Swimming pools located on residential premises for private use only, and which include
permanently constructed pools used for bathing or swimming that are 24 inches or more in
depth, or that have a water surface area exceeding 250 square feet (about 18 feet in
diameter), shall not be constructed or maintained closer than five feet from side or rear
property lines, or be located within the required front yard of any lot or parcel. All swimming
pools and associated fences, gates and other ancillary structures shall conform to the
provisions of the New York State Building Construction Code or its successors.
§ 212-135 Standards for roadside stands.
A. Nonagricultural roadside stands shall not occupy more than 240 square feet of
area.
B. No roadside stand shall be located within the right-of-way of any public road or
highway.
C. No roadside stand shall be placed in a manner that limits the sight distance
available to the motoring public or that in any other way obstructs their vision
while driving or obstructs sight distance from neighboring driveways.
D. An all-weather surface must be provided to allow patrons adequate space to park
their vehicles in such a manner that they are outside the outer edge of the road or
highway shoulder.
E. All waste generated in the operation of the roadside stand shall be removed daily.
§ 212-136 Standards for sawmills.
A. All access roadways and vehicle and equipment parking areas shall be paved,
surfaced or covered with gravel so as to be well-drained and provide an all-
weather surface.
B. No storage of logs, lumber, sawdust, bark, scrap wood or equipment of any kind
shall be permitted within any yard setback area.
C. No buildings, structures, log- or lumber-sorting or -storage yards, parking areas or
equipment storage areas shall be located within 100 feet from a stream edge or
any wetland as defined by local, state or federal law.
D. A visual screen at least 40 feet in width and composed of evergreen trees shall be
planted along any site boundary line that abuts one or more residential lots. All
evergreen trees shall be at least six feet in height at time of planting and be
spaced so as to form an opaque vegetative screen. The owner shall be responsible
for maintaining this vegetation buffer.
§ 212-137 Standards for self-service storage facility.
A. In addition to all other requirements of the B1—Business Zone, all self-service
storage facilities shall:
(1) Be designed to ensure a minimum of 20 feet between all structures on the
site and between any structure and the perimeter fence;
(2) Be limited to single-story storage structures not exceeding 15 feet in
height;
(3) Be lighted in a manner that ensures a safe and secure environment
(reference Article XX, § 212-123); and
(4) Be well-maintained and kept free of litter and abandoned or discarded
property and vehicles.
B. Where a security fence is constructed around the perimeter of any self-service
storage facility, said fence shall not be located within any front, rear and side yard
setback area. All security fences shall be maintained in good condition. No
concertina, razor, barbed wire or other such deterrents to unauthorized entry to
the site shall be installed on any fences.
§ 212-138 Standards for commercial stables.
A. There shall be at least one acre of land for every five horses or ponies kept on the
premises when stabled.
B. No building, except residences, shall be within 50 feet of a side or rear property
line, and no building or parking areas shall be located within the front yard of the
property.
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C. All buildings and enclosures shall be cleaned frequently of waste materials and all
manure shall be disposed of in a manner that eliminates pollution problems, such
as odors, dust, leaching and runoff into watercourses.
§ 212-139 Standards for Farm Operation, Accessory Commerce.
A. No buildings, except residences associated with the farm operation, shall be
within 50 feet of a side or rear property line, and no building shall be located
within the front yard of the property.
B. All outdoor lighting fixtures installed and utilized shall be subject to the provisions
of Article XX, § 212-123.
C. Parking facilities shall comply with the provisions of Article XX, § 212-121.
D. No parking facilities or driveways, except driveways for the purpose of ingress to
or egress from the premises, shall be allowed within any side or rear yard setback
areas.
E. No parking facilities or driveways, except driveways for the purpose of ingress to
or egress from the premises, shall be allowed within 25 feet of any road or
highway right-of-way.
F. No part of any building used as an agricultural commerce enterprise where
repairs to equipment and machinery are performed for hire, or where the
fabrication of parts, equipment, or other products for sale occurs, or involves in
any other way hammering or other work causing loud or unusual noise, fumes or
odors, shall be located within 200 feet of any R—Residential, RM—Multiple-
Residence, or MHP—Manufactured Home Zone.
G. G. No gasoline or oil pump, no oiling or greasing mechanism and no other service
appliance installed in connection with any agricultural equipment repair shall be
within 75 feet of any road or highway right-of-way.
H. No building or other structures, or parking areas, shall be located within 100 feet
horizontal distance from the stream edge of any watercourse carrying water six
months or more throughout the year, or any wetland as defined by state or federal
law. With the exception of stream crossings, no roadways shall be located within 50
feet horizontal distance from the stream edge of any watercourse carrying water six
months or more throughout the year, or any wetland as defined by state or federal
law.
I. Building Floor area limited to 5,000 square feet
§ 212-139.1. Standards for minor solar collection systems.
A. Rooftop- and building-mounted solar collectors are permitted in all zoning districts
in the Town. Building permits shall be required for all rooftop- and building-
mounted solar collectors.
B. Ground-mounted solar collectors are permitted as accessory structures in all
zoning districts of the Town, subject to the following requirements:
1) The location of the solar collectors meets all applicable setback
requirements of the zone in which they are located. The minimum
setback to an inhabited structure on an adjacent lot shall be 50 feet.
2) The height of the solar collectors and any mounts shall not exceed 20
feet in height when oriented at maximum tilt.
3) The total surface area of all solar collectors on the lot shall not exceed
2,000 square feet and, when combined with all other buildings and
structures on the lot, shall not exceed the maximum lot coverage for
the zoning district plus ten (10) percent.
4) A building permit has been obtained for the solar collectors.
5) The solar collectors are permitted in the side and rear yards. Solar
collectors are permitted in the front yard upon determination by the
Zoning Officer that the side and rear yards would provide limited solar
collection. Zoning Officer reserves the right to require site plan
approval for solar collectors located in the front yard.
6) Solar collectors and other facilities shall be designed and located in
order to minimize reflective glare toward any inhabited buildings on
adjacent properties and roads.
C. Where site plan approval is required elsewhere in the regulations of the Town for
a development or activity, the site plan review shall include review of the
adequacy, location, arrangement, size, design, and general site compatibility of
proposed solar collectors. Where a site plan exists, an approved modified site plan
shall be required if any of the thresholds specified in § 212-19(K) of the Town Code
are met, including but not limited to proposed changes to or additions of ground-
mounted solar collectors where such changes or additions meet a § 212-19(K)
threshold. Proposed changes to or additions of rooftop or building-mounted solar
collectors shall not be considered in the determination of whether a site plan
modification is required.
D. All solar collector installations must be performed in accordance with applicable
electrical and building codes, the manufacturer's installation instructions, and
industry standards, and prior to operation the electrical connections must be
inspected by an appropriate electrical inspection person or agency, as determined
by the Town. In addition, any connection to the public utility grid must be
inspected by the appropriate public utility.
E. When solar storage batteries are included as part of the solar collector system,
they must be placed in a secure container or enclosure meeting the requirements
of the New York State Building Code when in use and when no longer used shall be
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disposed of in accordance with the laws and regulations of Tompkins County and
other applicable laws and regulations.
§ 212-139.2. Standards for major solar collection systems.
[Added 11-24-2015 by L.L. No. 3-2015]
A. Where applicable, and unless more restrictive regulations also apply, the
requirements of § 212-139.1 of this chapter shall apply to solar collectors and
installations for major systems.
B. A major system may be permitted in all zoning districts, except LS-Lakeshore, MD-
Marina, and PR-Park/Recreation. Major systems that are part of a farm operation
[as defined by NYS Agriculture and Markets Law §301(11)] are exempt from site
plan approval if the solar collection system does not exceed 110% of the
anticipated electrical needs of the on-farm equipment. All major systems that are
not part of a farm operation require site plan approval from the Planning Board.
All major solar collection systems on or off-farm are subject to the terms and
conditions listed below (items B.1-7). Major solar collection systems impacting
agricultural land should follow the most current New York State Department of
Agriculture and Markets Guidelines for Agricultural Mitigation for Solar Energy
Projects.
1) Height. setbacks, and restrictions.
a. The maximum height for ground-mounted solar panels
located on the ground or attached to a framework located
on the ground shall not exceed 20 feet in height above the
ground.
b. The minimum front yard, side yard and rear yard setback
shall be 50 feet.
c. Based on site specific conditions, including topography,
adjacent structures, and roadways, a landscaped buffer may
be required around some or all equipment and solar
collectors to protect from glare but should not result in
shading solar collectors, in accordance with the standards in
section 7-b, below (Design Standard for Glare).
d. Major solar collection systems shall be prohibited in
Tompkins County designated Unique Natural Areas; in
wetlands as defined by state, federal or local law; and on
slopes greater than 15%.
2) Design standards.
a. Removal of trees and other existing vegetation shall be
minimized, and if deemed appropriate by the Planning
Board, offset with planting elsewhere on the property if the
proposed vegetation does not shade solar collectors.
b. Roadways within the site shall be constructed of materials
appropriate to the site, permeable materials are
encouraged, and shall be designed to minimize the extent of
roadways constructed and soil compaction.
c. All on-site utility and transmission lines shall, to the extent
practicable, be placed underground.
d. Solar collectors and other facilities shall be designed and
located in order to minimize reflective glare toward any
inhabited buildings on adjacent properties and roads, in
accordance with the Design Standard for Glare (see section
7-b below).
e. All electrical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum six-foot-
high fence with a self-locking gate and provided with
landscape screening.
f. A major solar collection system to be connected to the utility
grid shall provide documentation from the utility company
acknowledging the major solar collection system will be
interconnected to the utility grid.
g. Impermeable surfaces, such as concrete footers, shall be
kept to a minimum as consistent with site requirements, in
order to minimize water runoff and to aid in
decommissioning so that the site can be reverted back for
agriculture and other uses.
3) Signs.
a. A sign not to exceed eight square feet shall be displayed on
or near the main access point and shall list at a minimum the
facility name, owner, and facility operator’s phone number.
b. A clearly visible warning sign concerning voltage must be
placed at the base of all pad-mounted transformers and
substations.
c. Solar collection systems shall not be used for displaying any
advertising except for reasonable identification of the
manufacturer and operator of the system.
4) Areas of Potential Sensitivity shall be shown on site plans and shall
be given special consideration by the Planning Board at site plan
review, those areas consist of the following:
a. One-hundred-year flood hazard zones considered an A or AE
Zone on the FEMA Flood Maps.
b. Historic and/or culturally significant resources in an historic
district or historic district transition zone.
c. Within 100 feet landward of a freshwater wetland.
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d. Adjacent to, or within, the control zone of any airport.
e. State owned lands.
f. Unique Natural Areas.
g. Properties with Conservation Easements or owned by a land
conservation organization.
h. Public trails, including the Black Diamond Trail.
i. Prime Soils and Soils of Statewide Importance, as defined by
United States Department of Agriculture.
j. Town of Ulysses Natural Resources Inventory
5) Property Operation and Maintenance Plan. A property operation and
maintenance plan is required, describing continuing solar
collection system maintenance, property upkeep, and
management of underlying vegetation.
a. The project sponsor shall monitor the project site and
remediate as necessary for a period of no less than 365 days
following the date upon which the project begins commercial
operation. The monitoring and remediation phase is used to
identify any remaining impacts associated with construction
that are in need of mitigation and to implement the follow-up
restoration.
6) Abandonment.
a. All applications for a major solar collection system shall be
accompanied by a decommissioning plan to be implemented
upon abandonment, or cessation of activity, or in
conjunction with removal of the facility, prior to issuance of
a building permit.
b. In the event the facility is not completed and functioning
within 18 months of the issuance of the final site plan
approval, the Town may notify the operator and/or the
owner to complete construction and installation of the
facility within 180 days. If the owner and/or operator fail to
perform, the Town may notify the owner and/or operator to
implement the decommissioning plan. The decommissioning
plan must be completed within 180 days of notification by
the Town.
c. The decommissioning plan must ensure the site will be
restored to a useful, nonhazardous condition without delay,
including, but not limited to, the following:
i. Removal of aboveground and below-ground
equipment, structures and foundations.
ii. Restoration of the surface grade and soil after
removal of equipment.
iii. Revegetation of restored soil areas with native
seed mixes, excluding any invasive species.
iv. The plan shall include a time frame for the
completion of site restoration work.
d. Upon cessation of activity of a constructed facility for a
period of one year, the owner and/or operator shall
implement the decommissioning plan.
e. If the owner and/or operator fails to fully implement the
decommissioning plan within the 180-day after the
cessation of activity, the Town may, at its discretion, provide
for the restoration of the site in accordance with the
decommissioning plan, following the procedure outlined in
§212-4.
7) Glare Analysis and Mitigation Requirements
a. For all major solar collection systems (i.e. ground-mounted arrays with a total
surface area of solar panels greater than 2,000 square feet) glare from the
facility must be evaluated for each minute of the year using Forge Solar Glare
Analysis Tool or another equivalent tool authorized for use by the FAA in
analyses of solar facilities proposed near federally regulated airports (hereafter
referred to as “the tool”). The glare must be evaluated for all potentially
affected occupied buildings around the facility as well as for all public roads.
b. If any of the limits set forth in requirements #3 or #4 below are exceeded, then
a mitigation plan must be prepared by the applicant and approved by the
Planning Board as part of the application. This plan must demonstrate with a
reasonable assurance that the facility will meet the limits following completion
of the mitigation plan.
i. Non-vegetative means of mitigation such as adjustments to the siting,
height, or orientation of the facility are recommended and, where
possible, would be the preferable solution.
ii. In the event that vegetative mitigation is to be used, the developers
should demonstrate through language in the lease or other similar
agreement that the developer or other relevant party has the legal rights
to maintain the vegetation throughout the operational life of the facility.
In addition, the selection of plantings should be done consistent with the
recommendations of an International Society of Arboriculture (ISA)
certified arborist or the equivalent.
c. At no site may glare (as evaluated by the tool) have an intensity and angular
extent that exceeds 4 percent of the limit for eye damage as set forth in the
solar glare ocular hazard plot for any one-minute interval at any time during
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the year.
d. Glare from the facility (as evaluated by the tool) shall not exceed the following
limits at any potentially affected occupied buildings or public roads:
i. Glare must not be visible for a total of more than 2 percent of the year.
ii. No individual day during the year should have glare visible for more than
two hours.
iii. The average intensity and angular extent of the glare must not exceed 2
percent of the limit for eye damage as set forth in the solar glare ocular
hazard plot.
iv. Landowners entering into a lease agreement to host the solar system
under consideration on their land may authorize exceeding any of the
limits a, b, or c above for any properties they own by submitting a
notarized waiver form to the Town Planning Board to be kept on file with
the application. Roads and properties owned by other entities must still
meet all limits set forth in a, b, and c.
e. Following all relevant electrical and other inspections, within 20 business days
of the interconnection of the facility to the Utility system the developer will
conduct (or contract with a third-party if they lack the in-house abilities) a final
assessment of the facility as built. This assessment will verify the height of the
facility above grade, the setbacks from roadways, property lines and other
relevant boundaries, and the distance to the nearest off-site, occupied
neighboring structure. The assessment must be submitted to the Town of
Ulysses zoning officer upon completion.
i. If any of these properties differs by more than 20% from that proposed, a
new glare analysis is required to be conducted within 20 business days of
the as-built assessment of the facility.
ii. If any of the limits set forth in requirements #3 or #4 above are exceeded
in the new analysis, then a mitigation plan must be submitted for approval
to the Planning Board within 60 business days of the as-built assessment of
the facility.
§ 212-139.3 Animal Waste Storage Facility.
The Town of Ulysses recognizes that livestock farm operations over a certain size produce
animal waste from manure, agricultural by-products, and contaminated runoff
that, , must be stored short or long term and provide the agricultural operation
management flexibility for waste utilization. Proper planning and construction of
farm-related Animal Waste Storage Facilities is essential for ensures the continued
protection of groundwater and surface water and waterways, air resources and
public health within the Town.
A. REGULATIONS FOR ANIMAL WASTE STORAGE FACILITY
1. Animal Waste Storage Facilities shall be allowed only on a viable farm
operation as defined by NYS Department of Agriculture and Markets Law
(AML). The regulations listed herein apply only to livestock farms that
are required by the NYS DEC to obtain a Concentrated Animal Feeding
Operation (CAFO) general permit and/or to a farm receiving federal cost-
share funds. Parcels of owned or rented land in the Town of Ulysses can
be part of a farm operation in another town or county, as per AML.
2. Animal Waste Storage Facilities shall obtain a building permit prior to
being constructed and operated. Design plans shall be submitted with
every building permit application for an Animal Waste Storage Facility.
All plans for Animal Waste Storage Facilities shall be designed by and
stamped with the seal of a New York State licensed design professional.
3. Animal waste storage facilities shall be designed, constructed, and
maintained in accordance with all applicable USDA Natural Resources
Conservation Service (NRCS) Practice Standards. The Zoning Officer will
submit the proposal to Tompkins County Soil & Water Conservation
Zone or NRCS for review and comment in order to assist the Planning
Board in considering the potential impacts posed by such a facility upon
surrounding land uses prior to taking final action.
B. SITE REQUIREMENTS
All Animal Waste Storage Facilities shall be installed, operated and maintained pursuant
to the following conditions:
1. Animal Waste Storage Facilities shall be placed a minimum of 500feet
from a road right-of-way, but shall not be set closer to the right-of-way
than the nearest permanent structure being served.
2. Animal Waste Storage Facilities shall be placed a minimum of 100 feet
from a lot line.
3. Animal Waste Storage Facilities shall be placed a minimum of 1000 feet
from any existing residential or non-agricultural building that is not part
of the farm operation.
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4. Animal Waste Storage Facilities shall be placed a minimum of 500 feet
from any existing well, watercourse, stream, or waterbody, and any
existing well that is not part of the farm operation.
C. PERMIT APPLICATION REQUIREMENTS
All applications for Animal Waste Storage Facilities shall comply with the following:
1. A completed permit application shall be submitted to the Code Enforcement
Officer or Zoning Officer.
2. A site map and plan view of the system layout shall be provided at the time of
application which shows the location of the proposed Animal Waste Storage
Facilities and distances to all buildings, property lines, water courses, water
bodies, wetlands and existing wells.
3. Engineering plans shall also include at a minimum the following, in accordance
with the NRCS Practice Standard 313, Plans and Specifications and Operations
and Maintenance (New York, 2018):
• A geologic investigation report including evaluation of aquifers in
the area and listing of floodplain designation.
• Pertinent elevations of the facility.
• Structural details of all components, including reinforcing steel,
type of materials, thickness, anchoring requirements, lift
thickness.
• Locations, sizes, and type of pipelines and appurtenances.
• Operational and emergency design storage volumes.
• Requirements for foundation and preparation and treatment.
• Vegetative requirements.
• Material quantities and specifications.
• Approximate location of utilities and notification requirements.
• Safety features
• Construction Inspection Plan
• Operation and Maintenance Plan
4. Facility design plans for Animal Waste Storage Facilities shall either:
a) Explicitly address items listed in the NRCS Practice Standard 313 under:
Considerations for Siting and Minimizing the Potential for and Impacts
of Sudden Breach of Embankment or Accidental Release from the
Waste Storage Facility, Sensitive Environmental Settings, and Potential
Impact Categories for Liner Failure, with regard to recommendations
for storage structure design and additional safety measures as
applicable, or
b) Provide documentation from a licensed engineer that the proposed
plan alternatives are equally protective of the groundwater and surface
water resources of Town of Ulysses.
5. Covers, roofs, or other emission mitigation management should be included in
the design of Animal Waste Storage Facilities to reduce the public health issues
associated with emissions of ammonia, hydrogen sulfide, volatile organic
compounds, greenhouse gases, particulate matter, and odors impacting nearby
residences, as well as the delivery of excess nutrient pollution to watercourses,
streams, groundwater, and Cayuga Lake.
§ 212-139.4 Confined or Concentrated Animal Feeding Operation (CAFO).
A. Purpose. The Town of Ulysses recognizes that Confined Animal Feeding Operations
pose a high potential risk to the environmental health and safety of
communities in which they are located, particularly in relation to manure spills
and disposal, transmission of airborne pathogens, exposure to air and water
contaminants, and improper disposal of deceased animals,
B. Required Filing. For any CAFO operating in the Town of Ulysses or for any CAFO subject
to the regulations of the State of New York that is spreading manure in the
Town of Ulysses, the owner and/or operator of such CAFO must file copies of
State Pollutant Discharge Elimination System (SPDES) documentation,
including the Comprehensive Nutrient Management Plan and all associated or
required reports, with the Town Clerk within 5business days of submission to
the New York State Department of Environmental Conservation. Changes in
SPDES permit status must be reported to the Town Clerk within 5 business
days of submission to the New York State Department of Environmental
Conservation. Change of Operation Forms shall be delivered to the Town Clerk
within 10 days of issuance.
C. Site Requirements
All CAFO facilities shall be installed, maintained, and operated pursuant to the
following conditions:
1. Any building housing animals in a CAFO facility shall be placed a minimum
of 500 feet from a road right-of-way.
2. Any buildings housing animals in a CAFO facility shall be placed a
minimum of 100 feet from a lot line, and a minimum of 1500 feet from
any existing residential or non-agricultural building that is not part of the
farm operation
3. Any buildings housing animals in a CAFO facility shall be placed a
minimum of 1000 feet from any watercourse, stream or waterbody, and
from any exiting well that is not part of the farm operation.
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§ 212-139.5 Standards for Elder Cottage Housing
The following standards shall apply to elder cottage housing:
A. Elder Cottage Housing may be permitted as an accessory use only after the
property owner applies for and obtains a “Elder Cottage Housing Permit” from
the Department of Zoning and Code Enforcement. All “Elder Cottage Housing
Permits” expire one (1) year from the date of issuance but may be renewed
pending a review of the permit and an inspection from the code enforcement
or zoning officer. All standards for Elder Cottage Housing must be complied
with for the issuance or renewal of an Elder Cottage Housing permit.
B. At least one of the occupants of the elder cottage shall be a person at least 55
years of age related by blood, marriage or adoption to an occupant of the
principal dwelling on the lot where the elder cottage is situated.
C. The names of the occupants of the elder cottage shall be enumerated on the
special permit application filed with the Town of Ulysses, and no other person
or persons may occupy said elder cottage.
D. Any elder cottage shall be designed and constructed in a manner that would
allow easy removal from the premises. It shall be placed on a foundation
designed and constructed in a manner that would allow easy removal of said
foundation and restoration of the site to its original use and appearance upon
removal of the elder cottage. At least one parking space shall be provided for
the elder cottage.
E. Adequate water and sewerage disposal arrangements shall be provided for the
elder cottages. These arrangements may include connections to such facilities
of the existing principal residence or may be separate.
F. Any elder cottage placed on a lot shall be considered an accessory structure
building and shall be clearly subordinate to the principal residence on the lot.
G. Placement of any accessory dwelling unit elder cottage shall be in accordance
with the lot area and yard requirements of the zoning district within which it is
located.
H. No elder cottage shall exceed one story in height.
I. The elder cottage shall be removed from the property within 120 days of being
vacated by the occupant or occupants, and the location shall be restored to its
prior state.
Article XXI
Land Subdivision Regulations
§ 212-140 Authority; Policy; Applicability; Legal Effects; Review procedures
A. Authority and Declaration of policy.
(1) By the authority of Town Law § 276, 277, 278, and 279 and Chapter 10 of the
Municipal Home Rule Law of the State of New York, the Planning Board of the
Town of Ulysses is authorized and empowered to:
(a) Approve plats showing lots, blocks, or sites, with or without roads or
highways.
(b) Approve the development of entirely or partially undeveloped plats
already filed in the office of the Clerk of the County.
(c) Conditionally approve Preliminary Plats.
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d) Require an applicant to provide a clustered subdivision layout.
2) The policy of the Planning Board is to consider land subdivisions as part
of a plan for the orderly, efficient and economical development of the
town and in a manner that is reasonable and in the best interests of the
community. This policy is articulated to ensure that the highest
standards of site, building and landscape design are met
conscientiously, through the use of qualified technical and aesthetic
judgment and principles of sustainability consistent with the
Comprehensive Plan. The Planning Board will be guided in its
consideration of an application for the subdivision of land by the
following general requirements:
a) PHYSICAL CHARACTERISTICS. Land must be buildable and
free of hazard. The physical characteristics of the land to be
subdivided shall be such that it can be used for natural
resource conservation or building purposes without danger
to health and safety or peril from fire, flood, or other
menace. Proper provision must be made for stormwater
management, water supply, sewage and other needed
improvements and, consideration be given to the future
development of adjoining lands. Particular attention shall be
given to the arrangement, location and width of streets,
their relation to the topography of the land, lot sizes and
arrangement and the future development, and, natural and
cultural resources of adjoining lands. All parcel
developments shall meet Town, County, State, and Federal
regulations and requirements.
b) NATURAL AND HISTORIC FEATURES. Land is to be subdivided
in a way that protects the natural, cultural and scenic
resources of the Town for the benefit of all residents. To the
extent practicable, all existing features of the landscape,
such as trees greater than 24” diameter-at-breast-height
(DBH) caliber, vegetative communities, rock outcrops,
important ecological communities, surface and groundwater
resources, unusual glacial formations, flood courses, cultural
and historic sites, viewsheds, and other such irreplaceable
assets shall be preserved thereby preventing ecological
damage and visual blight which occur when those features or
vegetation are eliminated or substantially altered to serve
development purposes only. Provision shall be made for
maintaining undeveloped natural areas and wildlife corridors
to mitigate any adverse environmental impacts of a
proposed subdivision, and to sustain biodiversity in order to
implement the Town’s policies of protecting environmental
and cultural resources pursuant to the Town Comprehensive
Plan and other applicable local laws.
c) CONFORMITY. Subdivision plans shall be properly related to
and conform to the Town Comprehensive Plan. Proposed
development shall be planned such that it is compatible with
sound development patterns of adjacent and neighboring
properties within the Town of Ulysses. Subdivided lots shall
be of such character that they can be used safely for building
purposes without danger to health or peril from fire, flood or
other menace.
d) PARKS AND OPEN SPACE. Park areas of suitable location, size
and character for playground and other recreational or open
space purposes shall be shown on the subdivision plat in
proper cases and when required by the Planning Board.
Provision shall be made for adequate permanent
reservations of open space, pedestrian trails, viewing areas,
and parks, and such areas shall be shown on the plat.
e) PROTECTION OF AGRICULTURAL INFRASTRUCTURE AND
SIGNIFICANT AGRICULTURAL LANDS. Consideration will be
given to maintaining agricultural viability and protecting
significant agricultural lands by minimizing adverse impacts
on agricultural land remaining from the subdivision, prime
and unique agricultural soils, adjoining or nearby agricultural
land and operations, existing natural buffers, and agricultural
infrastructure including but not limited to surface and
subsurface agricultural drainage systems, farm equipment
access points, and equipment lanes.
(3) Failure to notify the Zoning Officer of any conveyance by subdivision shall
be a violation of this law and will be enforced by both civil action and
financial penalties
(4) Applicants for major subdivisions may submit a plan for a cluster
subdivision as provided for in Section 278 of New York State Town Law and
212-140 of this Article.
(5) Standards. Subdivisions are subject to the following standards. Subdivision
standards are mandatory rules subject to modification by the Planning
Board.
a) In determining whether to modify a standard for a proposed project,
the Planning Board may take into consideration the following:
i. The practicable difficulties of applying the standard to the
particular project;
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ii. The potential adverse impact on surrounding properties and
the neighborhood of applying or not applying the standard
to the proposed project; and
iii. Whether alternate means or measures attain the same goal
as the standard.
b) Where an applicant objects to the application of a standard to his or her
project and the Planning Board requires compliance, in its resolution of
approval or disapproval the Planning Board must state its findings and
the reasons for its decision with reference to the considerations set
forth in the preceding paragraph.
(6) Supersedence. It is the express intent of the Town Board that this
Article shall supersede §§ 261-b, 274-a, 274-b, 276, 277, 278, 279 and
any other provision of Article 16 of the Town Law inconsistent with the
provisions herein, pursuant to § 10 of the Municipal Home Rule Law.
(7) Fees. The amount of fees required under this chapter shall be
established from time to time by resolution of the Town Board, except
that the amount of professional review fees held in escrow for each
particular application may be established by the reviewing agency. The
administrative fees established by the Town Board shall approximate
the actual cost to the Town of providing the related administrative
services.
(8) Subdivisions Straddling Municipal Boundaries. Whenever access to a
subdivision can be had only across land in another municipality, the
Planning Board may request assurance from the Ulysses Town Attorney
and the Highway Superintendent of the adjoining municipality, that the
access road is adequately improved or that a performance security has
been duly executed and is sufficient security to ensure access has been
constructed. In general, lot lines shall be laid out so as not to cross
municipal boundary lines.
(9) Resubdivision. Whenever any resubdivision of land in the Town of
Ulysses is proposed, the subdividing owner or their authorized agent
shall apply for and secure approval of such proposed subdivision before
any contract for the sale of any part thereof is made and before any
permit for the erection of a structure in such proposed subdivision shall
be granted. Approval of a proposed subdivision shall be obtained in
accordance with the procedure specified in this Article.
(10) State Environmental Quality Review Act. The Planning Board shall
comply with the provisions of the State Environmental Quality Review
Act under Article Eight of the Environmental Conservation Law and its
implementing regulations.
(11) Route 96 Corridor Management Study. In its discretionary actions under
this chapter with regard to land use adjacent to or affecting Route 96,
the reviewing agency shall be guided by the goals, objectives, and
recommendations set forth in the Route 96 Corridor Management
Study, Volumes 1 through 4, a copy of which is available for review in
the office of the Town Clerk.
§ 212-140.1 Applicability and legal effects.
A. Applicability of These Regulations.
1. Any division of a lot into two (2) or more lots, whether new roads,
public facilities, or municipal utility extensions are involved or not.
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2. Any other land transaction where these Land Subdivision
Regulations or any other applicable law requires filing of a plat with the
County Clerk. . Note: a property owner shall file with the zoning
officer a copy of an application to the Tompkins County Department of
Assessment to consolidate lots for tax purposes.
B. Legal effect: land-use regulations.
Whenever any subdivision of land is proposed to be made and before any site
modifications are made and before any permit for the erection of a structure in such
proposed subdivision is granted, the subdivider or a duly authorized agent must apply
for in writing and receive approval of the proposed subdivision in accordance with
these regulations.
C. Legal effect: filing of plats with County Clerk.
Before any plat or licensed survey map showing proposed subdivision of land in the
Town of Ulysses is filed with the County Clerk, the plat or licensed survey map must
be approved by the Zoning Officer or the Planning Board, as applicable, in
accordance with the procedures of this law and Town Law § 276.
D. Plat void if revised after approval.
No changes, erasures, modifications, or revisions shall be made in any subdivision
plat or licensed survey map showing subdivision of the land after approval has been
given by the Zoning Officer or Planning Board and endorsed in writing on the plat or
licensed survey map, unless the plat or licensed survey map is first resubmitted to
the Planning Board and the Board approves any modifications. In the event that any
such subdivision plat or licensed survey map is recorded without complying with
this requirement, it shall be considered null and void.
E. Coordination with County Health Department. The provisions of the Tompkins
County Sanitary Code are in addition to the provisions of these land subdivision
regulations.
F. Planning Board use of consultants and services of county and regional planning
staff.
The Planning Board may choose at any point in a subdivision review process to
request consultants or refer to the county or regional planning staffs for review,
comment, and advice on any aspect of the approval process, subdivision design,
engineering specifications, or other pertinent matters. The cost shall be borne by the
applicant. The Planning Board shall give the applicant written notice of the cost it
incurred for consultants, and the applicant shall pay the cost within thirty (30) days
of mailing of the notice.
G. Plat review of uncompleted subdivisions.
The Planning Board may, on direction of the Town Board, review, for purposes of
revision, any plat within the Town boundaries already on file with the County Clerk if
20 percent or more of the lots within the plat are unimproved for reasons other
than, poor drainage, Legislative authority for such review is authorized under New
York State Town Law § 276.
§ 212-140.2 Types of subdivisions and procedures.
These regulations recognize three types of subdivisions, which are subject to three
different review and approval procedures:
A. Minor subdivision: Review includes two required submissions by subdivider and
may include a public hearing if considered desirable by the Planning Board.
B. Major subdivision: Review includes three required submissions by subdivider and
at least one (1) public hearing by the Planning Board.
C. Cluster Subdivision: Review includes three required submissions by subdivider and
at least one (1) public hearing by the Planning Board.
§ 212-140.3 Administrative Lot Line Alteration
(A) Eligibility criteria for administrative lot line alteration.
(1) Administrative lot line alterations may be granted by the Town of Ulysses
Zoning Officer, without the need to come before the Town of Ulysses Planning
Board for approval, where the conditions and requirements of this section are
met.
(2) The following shall not be eligible for an administrative lot line alteration:
[a] Where such alteration would create a new parcel.
[b] Where such alteration would increase the number of parcels within a
previously approved subdivision. (Note, however, that two or more parcels
may be consolidated to avoid any overall increase.)
[c] Where such alteration would create the need for a new street.
[d] Where such alteration would create the need for new or additional
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public improvements (such as sewer or water infrastructure).
[e] Where such alteration would violate a condition of, or be otherwise
inconsistent with, a prior municipal approval.
(B) Procedure for administrative lot line alteration.
(1) Where the above criteria are met, a property owner or designated agent
may make application for an alteration directly to the Town of Ulysses
Department of Zoning and Code Enforcement. Such applicant shall include
the following:
[a] Proof of ownership or agency designation signed by the owner
authorizing the making of such application.
[b] A brief letter explaining the requested relief and the need for such
relief.
[c] The approved subdivision map.
[d] A new subdivision map depicting the requested relief [i.e., the new
location of the lot line(s)].
[e] Payment of the applicable application fee.
(2) The Zoning Officer shall make a determination as to whether such
alteration shall be made based upon his/her consideration of the
substantive criteria below.
(3) Should such administrative lot line alteration be granted, a new
subdivision map prepared by a qualified surveyor and depicting the
requested alteration shall be presented to the Zoning Officer for signature.
After it is executed, said subdivision map shall be filed in the County Clerk's
office.
(C) Lot line alteration substantive criteria.
(1) The alteration shall not cause a parcel to contain insufficient area or
dimensions such that it would violate any requirements of the Town of Ulysses
Code. However, this shall not prevent approval of an alteration where an
involved parcel is nonconforming as to such dimensional requirements prior to
the alteration and the proposed alteration does not further increase the degree
of nonconformity.
(2) The alteration shall not cause any existing or proposed building or structure
to come into violation of the Town of Ulysses Code. However, this shall not
prevent the approval of an alteration where an existing building or structure
located on an involved parcel is nonconforming under the Zoning Code prior to
the alteration and the proposed alteration will not further increase the degree
of nonconformity.
(3) The alteration shall not cause any public improvement, parcel or building to
be in violation of the Town design and construction standards. However, this
shall not prevent administrative approval of an alteration where such public
improvement, parcel or building is already nonconforming under provisions of
Town Code prior to the alteration and the proposed alteration will not further
increase the degree of nonconformity.
(4) The alteration shall not create a new street or modify the configuration,
alignments, profiles or boundaries of existing streets, whether such streets are
public or private.
(5) The alteration shall not eliminate or modify the configuration, alignments,
number or profiles of driveways or other points of vehicular access serving
affected parcels and/or associated easements.
(6) The alteration shall not eliminate or modify the configuration, alignments,
locations or capacities of public improvements, including those related to water
and sewer infrastructure and their associated easements.
(7) The alteration shall not eliminate or modify the configuration, alignments,
profiles or capacities of storm sewers and other stormwater management
improvements and/or associated easements.
(8) The alteration shall not eliminate or modify parking spaces upon affected
parcels, whether these are constructed or depicted on a site plan and held in
reserve as a contingency (land banked).
(9) If approved, the affected lots shall continue to remain in compliance with all
conditions imposed at the time of any previous subdivision affecting such lots
unless and until any such condition is modified or removed by the Planning
Board.
(10) If approved, the affected lots shall continue to be subject to the
supplemental Town-wide environmental impact statement or related statement
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of findings in the same manner as they were prior to alteration pursuant to this
chapter.
(D) Expiration. An approved subdivision map reflecting an approved administrative
lot line alteration shall be filed in the Tompkins County Clerk's office within 62 days
from the date of signature of the Zoning Officer and delivery to the applicant. Failure
to file the map within this period shall constitute expiration of approval.
(E) Appeals. The purpose of this section is to provide an administrative review option
to landowners whose applications meet the requirements of this section. The Town
Zoning Officer’s determination pursuant to this section does not constitute a zoning
determination or interpretation subject to review by the Zoning Board of Appeals,
nor does it constitute a discretionary, final determination appealable pursuant to
Article 78 of the Civil Practice Law and Rules. Applicants denied an administrative
approval pursuant to this section shall have the right to apply directly to the Town
Planning Board for approval. The determination of the Planning Board is subject to
review in accordance with Article 78 of the Civil Practice Law and Rules and the
Ulysses Town Code.
(F). Fees, contributions and costs. The Town Board of the Town of Ulysses may
institute, modify or eliminate any fee, cost or contribution under this chapter by
resolution.
§ 212-141 Definitions.
A. Subdivision definitions. As used in this article, the following terms shall have the
meanings indicated:
ADMINISTRATIVE LOT LINE ALTERATION
A lot line alteration which meets the standards set forth in § (212.140.3) and is
effectuated administratively without formal Planning Board review or approval.
CLUSTER SUBDIVISION
A form of development that permits a reduction in lot area and bulk
requirements, provided there is no increase in the number of lots permitted
under a conventional subdivision or increase in the overall density of
development, and the remaining land area is devoted to open space, active
recreation, preservation of environmentally sensitive areas or agriculture.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the
provisions of § 49, Title 3, of the Environmental Conservation Law, or § 247
of the General Municipal Law, for the purposes of conservation of open
space, agricultural land or natural, cultural, historic or scenic resources.
DATE OF SUBMISSION
The date of submission of required materials shall be considered to be the date
on which the materials for approval, complete as determined by the Planning
Board Chair or the Planning Board Chair's designee, and accompanied by the
required fee, are accepted by the Planning Board Chair, or the designee.
FINAL PLAT or FINAL SUBDIVISION PLAT
A licensed survey map in final form showing a proposed subdivision, containing
all information and details required by state and local law, for submission to
the Planning Board for purposes of review, public hearing and approval.
LOT
A continuous, unbroken area of land in single ownership of record described by
the boundary lines on the Assessor's Tax Maps.
LOT LINE ALTERATION
Any alteration of lot lines or dimensions of any lots or sites or as shown on a
plat previously approved and filed in the office of the Tompkins County Clerk.
See provisions in § 212-140.3.
MAJOR SUBDIVISION
A subdivision of land resulting in three or more lots (including the Parent Lot)
or the creation of a third lot from the same original Parent Lot within 3 years.
This also includes:
(1) Any division of land defined as a realty subdivision under § 115 of New
York Code, Title II, and subject to Tompkins County Department of
Health review under § 116 of such Code.
(2) Any subdivision that involves a new public right-of-way, municipal
utility extension or other new public facility.
(3) Any cluster subdivision or other subdivision which deviates from the
zoning regulations, Official Map or other Town development policy will
generally be considered a major subdivision.
MINOR SUBDIVISION
Subdivision of land resulting in two lots (including the Parent Lot) or the
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creation of a second lot from the same original Parent Lot within three years
and which:
(1) Does not include new roads, municipal utility extensions, clustering or
public open space or facilities;
(2) Does not conflict with the zoning regulations, Official Map or any other
Town development policy; and
(3) Does not adversely affect use or development of adjoining land.
PARENT LOT
Any parcel of land owned individually and separately and separated in
ownership from any adjoining tracts of land on the effective date of this
chapter which has a total area which equals or exceeds the minimum
requirements for lot size, and for which there exists the legal possibility of
subdivision, resubdivision, and/or a Development District.
PRELIMINARY PLAT
A drawing, clearly marked "preliminary plat," showing the salient features of a
proposed subdivision, including the information specified in this document, for
purposes of consideration by the Planning Board and public hearing.
RESOURCE ANALYSIS
The inventory and evaluation of natural, historic, and cultural resources on a
property to 1) identify those resources to be protected, 2) provide the basis
for the maximum density calculation and 3) determine locations for
building envelopes.
SKETCH PLAT
A sketch of a proposed subdivision showing the form, layout, roads, public
facilities and other information specified in this article.
B. Access definitions. As used in this article, the following terms shall have the meanings
indicated:
DEAD-END ROAD or CUL-DE-SAC
A road or a portion of a road with only one vehicular traffic outlet.
MAJOR ROAD
A road with the capacity to serve heavy flows of traffic and intended primarily
as a route for traffic between areas generating heavy volumes of traffic.
MINOR ROAD
A road intended to serve primarily as an access to abutting properties.
REVERSE FRONTAGE LOT
Through lot with frontage on two parallel roads with vehicular traffic restricted
to only one of the roads.
ROAD
A street, avenue, lane, highway or other public way; a public right-of-way
improved or intended to be improved or intended to be improved for traffic. A
private drive is not considered to be a road.
ROAD PAVEMENT
The wearing or exposed surface of a roadway used by vehicular traffic.
ROAD WIDTH
The width of a right-of-way, measured at right angles to the center line of the
road.
SUBDIVISION
The division of any parcel of land into two or more lots, including the
original lot, and plots, sites, or other division of land, with or without
streets, for the purpose of immediate or future sale, transfer of ownership,
or development after the date of adoption of § 212-140. The term
“subdivision” includes any alteration of lot lines or dimensions of any lots
or sites shown on a plat previously approved and filed in the office of the
County Clerk. Subdivisions are classified as “major,” “minor,” or “cluster”
and further defined in § 212-141.
TOWN RIGHT-OF-WAY (UNIMPROVED)
A strip of land owned or controlled by the Town government for the purpose
of providing access to abutting lots or for providing a bed for a future improved
roadway. All Town rights-of-way are shown on the Town of Ulysses Official
Map. Unless otherwise indicated, all Town rights-of-way are 60 feet wide.
§ 212-142 Subdivision procedures.
A. Pre-application meeting
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The Pre-Application Meeting is an opportunity for the applicant to present and discuss a
conceptual plan for the proposed subdivision prior to committing resources to the
preparation of a Sketch Plan. The conceptual discussion shall guide the layout of the
subdivision that will be shown in subsequent plan submission(s). All applicants are
encouraged to attend a Pre-Application Meeting prior to submitting the Sketch Plan and
applicants for a Major Subdivision are required to do so. An applicant for a Major
Subdivision is also required to submit a Resource Analysis.
In preparation for this meeting, the applicant should become familiar with this Article
and all other relevant provisions of this Law, the Comprehensive Plan and SEQRA
requirements in order to have a general understanding of the subdivision review process.
No statement, comment or other communication made during this informal review shall
be binding upon any party. The pre-application process is required solely to assure that
Town development goals are recognized as they may apply to the site in question. The
purpose is to help expedite the process by getting the review off to a cooperative start,
before the applicant has made a substantial investment in the application process.
B. Classification of subdivision.
(1) The first stage of subdivision is classification. Classification requires that a
subdivider submit a sketch plat of the proposed subdivision to the Zoning
Officer that provides sufficient detail for the Zoning Officer to classify the
action as to the type of review required. The Zoning Officer shall confer with
the Chair of the Planning Board for comments and general recommendations
as to any adjustment needed to satisfy the objectives of these regulations.
(2) The sketch plat initially submitted to the Zoning Officer shall be based on Tax
Map information or on some other similarly accurate base map at a scale
(preferably not less than 1:2,400) that enables the entire tract to be shown on
one sheet.
(3) A submitted sketch plat shall show the following information:
(a) The location of that portion which is to be subdivided in relation to the
entire tract, and the distance to the nearest existing road intersection.
(b) All existing structures, wooded areas, streams, wetlands, flood hazard
areas and other significant physical features within the portion to be
subdivided and within 200 feet thereof. If topographic conditions are
significant, contours shall also be indicated at intervals of not more
than two (2) feet.
(c) The names of the owner and of all adjoining property owners as
disclosed by the current tax roll.
(d) The Tax Map, block and lot numbers of all lots shown on the plat.
(e) All the utilities available and all roads as they appear on the Official
Map.
(f) The proposed pattern of lots (with dimensions), road layout, recreation
areas, systems of drainage, sewerage and water supply within the
subdivided area.
(g) All existing restrictions on the use of land, including easements,
covenants and zoning district boundary lines.
(h) Minor and major subdivisions may require additional information as
specified in this document.
§ 212-142.1 Minor subdivision review procedure.
A. Application and fee.
1. Within six months after classification of a sketch plat as a minor subdivision by
the Zoning Officer, the subdivider shall submit an application for approval of a
subdivision plat. Failure to do so shall require resubmission of the sketch plat to
the Zoning Officer for reclassification. The subdivision plat shall conform to the
layout shown on the sketch plat as well as incorporate any recommendations
made by the Planning Board. The application shall also conform to the
requirements listed in § 212-142.1(B).
2. At least seven copies of the subdivision plat shall be presented to the Zoning
Officer at the time of submission of the subdivision plat.
a. All applications for plat approval for minor subdivisions shall be
accompanied by a fee established by Town Board resolution.
B. Requirements for minor subdivision plat review. A subdivision plat application
shall include the following information:
1. A copy of such covenants or deed restrictions that are intended to cover all or
part of the tract.
2. An actual field survey of the boundary lines of the tract, giving complete
descriptive data by bearings and distances, made and certified by a licensed
land surveyor. The corner of each tract shall also be located on the ground and
marked with an approved pin, pipe, or monument and shall be referred to and
shown on the plat.
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3. All on-site sanitation and water supply facilities (if any) shall be designed to
meet the specifications of the Tompkins County Health Department; approval
shall be stated on the plat and signed by an officer of the Health Department.
4. The proposed subdivision name (if any), and the names of the town and county
in which it is located.
5. The date, a true North arrow, the map scale, and the names, addresses and
phone numbers of all owners of record and the subdivider.
6. The subdivision plat shall be a clear, legible reproduction that meets the
standards for filing with the County Clerk as prescribed by law.
C. Subdivider to attend Planning Board meeting on minor subdivision plat. The
subdivider, or a duly authorized representative, shall attend the meeting of the
Planning Board at which a subdivision plat is first discussed.
D. Public hearing on minor subdivision plat.
1. If required by the Planning Board, a public hearing shall be held within 62 days
of the date of submission of required materials. The hearing shall be advertised
in the official newspaper of the Town at least five days before such hearing. If
no public hearing is required, the Planning Board shall have 62 days from the
date of submission to make its decision.
2. When an applicant is notified of the public hearing date, the applicant shall be
required to obtain signage, provided by the Planning Board and obtained from
the Zoning Officer. The applicant shall post this signage at the site, in such a
manner as to be readily visible to the public from the nearest adjacent public
road, at least 10 days prior to the public hearing.
E. Action on minor subdivision plat.
1. The Planning Board shall, within 62 days of the date of the public hearing,
act to conditionally approve; conditionally approve with modification;
disapprove; or grant final approval to and authorize the signing of the final
subdivision plat. This time may be extended by mutual consent of the
subdivider and the Planning Board. Failure of the Planning Board to act
within such time, in the absence of a mutually agreed upon extension, shall
constitute approval of the plat.
2. Upon granting conditional approval with or without modification to the
plat, the Planning Board shall empower the Planning Board Chair to sign
the plat upon compliance with such conditions and requirements as may
be stated in the Board's resolution of conditional approval.
3. Within five days of the resolution granting conditional approval, the plat
shall be certified by the Chair of the Planning Board as conditionally
approved; a copy shall be filed in the Town Clerk's office; and a certified
copy shall be mailed to the subdivider. The copy mailed to the subdivider
shall include a certified statement of such requirements as, when
completed, will authorize the signing of the conditionally approved plat.
4. Upon completion of the requirements in the resolution of approval, the
plat shall be signed by the Chair of the Planning Board. Conditional
approval of the plat shall expire 180 days after the date of the resolution
granting such approval. The Planning Board may, however, extend the time
within which a conditionally approved plat may be submitted for signature,
if in its opinion such extension is warranted in the circumstances.
Extensions shall be for additional periods of 90 days each.
§ 212-142.2 Major subdivision preliminary plat review procedure.
A. Application and fee.
1. Prior to the filing of an application for the approval of a major subdivision
plat, the subdivider shall file an application for the approval of a
preliminary plat of the proposed subdivision. Such preliminary plat shall be
clearly marked with the words "preliminary plat" and shall be in the form
described in § 212-142.2(B) hereof. The preliminary plat shall, in all
respects, comply with the requirements set forth in the provisions of
§§ 276 and 277 of the Town Law and § 212-142.2(B) of these Land
Subdivision Regulations, except where a waiver is specifically authorized by
the Planning Board.
2. At least seven copies of the preliminary plat shall be presented to the
Zoning Officer along with the fee established by the Town Board.
3. The date of submission of the preliminary plat shall be considered to be the
date on which the Planning Board accepts as complete the preliminary plat
and all data required by § 212-142.2(B). The Planning Board Chair shall
note the date on the preliminary plat.
4. At least seven copies of the Resource Analysis shall be presented to the
Zoning Officer in accordance with Section Q.
B. Requirements for Major Subdivision Preliminary Plat Review.
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1. Subdivider to Attend Planning Board Meeting.
The subdivider, or a duly authorized representative, shall attend the
meeting of the Planning Board to discuss the Preliminary Plat.
2. The preliminary plat submitted to the Planning Board shall be at an adequate scale
to provide detail such as 1” = 50’ up to 1” = 200’ for parcels under 100 acres
and 1” = 200’ for parcels of 100 acres or more, shall extend 200 feet past the
parcel boundary, and shall show or be accompanied by the following
information, except where requirements have been waived: A Preliminary Plat
application shall include the following information:
a) The proposed subdivision name, the names of the town and county in
which it is located, the date, a true North arrow, the map scale, and the
names, addresses and phone numbers of all owners of record, the
subdivider, and the engineer or surveyor, including license number and
seal.
b) The names of the owners of record of all adjacent property and tax
parcel numbers of all lots to be subdivided.
c) The zoning district, including exact boundary of districts, where
applicable, and any proposed changes in the zoning district lines or the
zoning regulations text applicable to the area to be subdivided.
d) All parcels of land proposed to be dedicated to public use and the
condition of such dedication.
e) The locations of existing property lines, easements, buildings,
watercourses, streams, marshes, rock outcrops and wooded areas.
f) The locations of existing sewers, water mains, culverts, and drains on
the property, with pipe sizes, grades and direction of flow.
g) Contours with intervals of ten (10) feet or less as required by the
Planning Board, including elevations on existing roads, and an
approximate grading plan if natural contours are to be changed more
than two feet.
h) The width and location of any roads or public ways or places shown on
the Official Map of the Ulysses Comprehensive Plan within the area to
be subdivided, and the width, location, grades and road profiles of all
roads or public ways proposed by the developer.
i) The approximate location and size of all proposed water lines, valves,
hydrants, sewer lines, and fire alarm boxes. Connection to existing lines
or alternate means of water supply or sewage disposal and treatment
as provided in standards published by the Tompkins County Health
Department. Show profiles of all proposed water and sewer lines.
Proposed provision of water supply and related data includes the
following:
i. Location of any existing wells on site and other proposed lot
wells.
ii. Copies of New York State Department of Environmental
Conservation Well Completion Reports for completed well(s)
(including the well log and pump test data).
iii. Any and all water quality testing results.
iv. Proposed individual water supply system details such as
pumps, storage, treatment, controls, etc.
v. A completed hydrogeological study, as may be required by
the Planning Board at its discretion.
j) All requirements as specified in local laws of the Town of Ulysses
governing stormwater runoff; a stormwater management plan
indicating the approximate location, construction and size of swales;
and proposed lines and their profiles. The plan must include
ramification of connections to existing or alternate means of disposal.
k) Plans and cross-sections showing the proposed new location and types
of sidewalks, lighting standards, trees and landscaping, curbs, water
mains, sanitary sewers and storm drains, and the size and type thereof;
the character, width and depth of pavements and sub-base; the
location of manholes, basins, and underground conduits. New features
must comply with the Ulysses Subdivision Design Standards, Article XXI,
§ 212-142.10.
l) Preliminary designs of any bridges or culverts which may be required.
m) The proposed lot lines with the approximate dimensions and area of
each lot.
n) Where the topography is such as to make difficult the inclusion of any
of the required facilities within the public areas as laid out, the
preliminary plat shall show the boundaries of proposed permanent
easements for ingress and egress (utility easements may be less
wide)over or under private property, which permanent easements shall
not be less than 20 feet in width, and which shall provide satisfactory
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access to an existing public highway or other public open space shown
on the subdivision or the Official Map.
o) An actual field survey of the boundary lines of the tract, giving complete
descriptive data by bearings and distances, made and certified to by a
licensed land surveyor. The corners of the tract shall also be located on
the ground and marked with an approved pin, pipe or monument as
approved by the Town Board, and shall be referred to and shown on
the plat.
p) If the application covers only a part of the subdivider's holding, a map
of the entire tract shall be submitted so that the part of the subdivider's
holding covered in the application can be considered in the light of the
entire holding. This map shall be drawn at a scale of not less than
1:4,800 and shall show an outline of the platted area with its proposed
roads, and an indication of any probable future road system with its
grades and drainage in the remaining portion of the tract, and any
probable future drainage layout of the entire tract.
q) A copy of any covenants or deed restrictions that are intended to cover
all or part of the tract.
r) Location, width and approximate grade of all proposed streets with
approximate elevations shown at the beginning and end of each street,
at street intersections and at all points where there is a significant
change in the slope or direction.
C. Clustering of Lots may be required by the planning Board as a condition to granting
any Major Subdivision approval in the A/R – Agricultural/Rural Zone.
In order to protect agricultural uses, to preserve the agricultural value of land, to
provide for the retention of tracts of sufficient size to be used reasonably for
agricultural purposes, and to preserve the open space qualities of the Town, the
Planning Board, as a condition of granting subdivision approval, shall require,
unless good cause is shown for omission of same, the developer to encumber the
larger tracts by deed restrictions, conservation or agricultural easements, or other
mechanism satisfactory to the Planning Board, to ensure that such parcels shall
remain permanently as open space or agricultural land.
§ 212-142.3 Study and Approval of Major Subdivision Preliminary Plat.
A. The Planning Board shall study the practicability of a Preliminary Plat, taking into
consideration the requirements of the community and the best use of the land
being subdivided. To verify that all necessary information is discussed and
reviewed in this process, the applicant shall complete a Resource Analysis in
accordance with § 212-142.4 (D)(7) and provide a copy to the Planning Board upon
completion. In its review, the Planning Board members may schedule a field visit
to the site before the analysis is accepted as complete. Particular attention shall
be given to the arrangement, location and width of streets, their relation to the
topography of the land, water supply, sewage disposal, drainage, lot sizes and
arrangement, the future development of adjoining lands as yet unsubdivided, and
the requirements of the Ulysses Comprehensive Plan, the Official Map, and Zoning
Regulations.
B. Public hearing on major subdivision preliminary plat
1. Within 62 days of the date of submission of a preliminary plat by the Planning
Board Chair, the Planning Board shall hold a public hearing. When an applicant
is notified of the public hearing date, the applicant shall be required to obtain
signage provided by the Planning Board by way of the Zoning Officer and to
post it at the site, in such a manner as to be readily visible to the public from
the nearest adjacent public road, at least 10 days prior to the public hearing.
The public hearing shall be advertised at least once in the official newspaper of
the Town at least five days before such hearing. The Planning Board may
provide that the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such preliminary plat.
2. Within 62 days of the date of the public hearing, the Planning Board shall
approve with or without modification or disapprove the preliminary plat, and
the grounds for a modification, if any, or the grounds for disapproval, shall be
stated upon the records of the Planning Board. The time in which the Planning
Board must take action on such plat may be extended by written mutual
consent of the subdivider and the Planning Board.
C. Planning Board approval of preliminary plat.
1. Conditional approval of preliminary plat. When granting approval to a
preliminary plat, the Planning Board shall state the terms of such approval, if
any, with respect to:
a) Modifications to the preliminary plat.
b) The character and extent of the required improvements for which
waivers may have been requested and which in its opinion may be
waived without jeopardy to the public health, safety and welfare.
c) The required improvement or the amount of all bonds therefor which it
will require as prerequisite to the approval of the final subdivision plat.
2. Effect of approval of preliminary plat. Approval of a preliminary plat shall not
constitute approval of the final subdivision plat, but rather it shall be deemed
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an expression of approval of the design submitted on the preliminary plat as a
guide to the preparation of the final subdivision plat, which will be submitted
for approval of the Planning Board and for recording upon fulfillment of the
requirements of these regulations. When approving a preliminary plat, the
Planning Board shall state, in writing, the modifications, if any, it deems
necessary for submission of the plat in final form. Within five days of the
approval of such preliminary plat, it shall be certified by the Planning Board
Chair as having been granted preliminary approval, and a copy shall be filed
with the Town Clerk, a certified copy shall be mailed to the owner, and a copy
shall be forwarded to the Town Board. Prior to approval of the final subdivision
plat, the Planning Board may require additional changes as a result of further
study of the subdivision in final form or as a result of new information obtained
at the public hearing.
3. Failure of the Planning Board to act within the sixty-two-day period shall
constitute approval of the preliminary plat.
§ 212-142.4 Major subdivision final plat application.
A. Application.
1. A subdivider shall, within six months after the approval of a preliminary plat,
file with the Planning Board an application for approval of a final subdivision
plat in final form, using the approved application blank available from the
Zoning Officer. If the final subdivision plat is not submitted for approval within
six months after the approval of the preliminary plat, the Planning Board may
refuse to approve the final subdivision plat and require resubmission of the
preliminary plat.
2. A subdivider intending to submit a final plat for the approval of the Planning
Board Chair shall provide the Zoning Officer with a copy of the application and
copies as required of the plat, including one in ink on drafting film or an
acceptable, equal medium that permits reproductions of the original; the
original and one copy of all offers of cession, covenants and agreements; and
two prints of all construction drawings.
B. Major subdivision final plat and accompanying data.
1. Final plat filing. Any final plat must be stamped by the Planning Board Chair,
the Tompkins County Health Department, and the Tompkins County
Assessment Department and then must be filed with the County Clerk within
62 days of the Planning Board approval. The County Clerk's filing standards
may vary from the review standards of the Town.
2. The Town's final plat shall show:
a) Proposed subdivision name or identifying title and the names of the
town and county in which the subdivision is located; the names and
addresses of the owners of record and of the subdivider; and the name,
license number and seal of the New York State licensed land surveyor.
b) Road lines, pedestrian ways, lots, reservations, easements and areas to
be dedicated to public use.
c) Data acceptable to the Zoning Officer as sufficient to determine readily
the location, bearing and length of every street line, lot line and
boundary line and as sufficient to reproduce such lines upon the
ground. Where applicable, these should be referred to monuments
included in the state plane coordinate system, and in any event should
be tied to reference points previously established by a public authority.
d) The length and bearing of all straight lines, radii, length of curves,
central angles of curves, and tangent bearings shall be given for each
street. All dimensions and angles of the lines of each lot shall also be
given. All dimensions shall be shown in feet and decimals of a foot. The
plat shall show the boundaries of the property, location, graphic scale
and true North arrow.
e) The plat shall also show by proper designation thereon all public open
spaces for which deeds are included and those spaces whose title is
reserved by the developer. For any of the latter there shall be
submitted with the final subdivision plat copies of agreements or other
documents showing the manner in which such areas are to be
maintained and the provisions made therefore.
f) All offers of cession and covenants governing the maintenance of
unceded open space shall bear the certificate of approval of the Town
Attorney as to their legal sufficiency.
g) Lots and blocks within a subdivision shall be numbered or lettered in
alphabetical order in accordance with the prevailing Town practice.
h) Permanent reference monuments shall be shown and shall be
constructed in accordance with specifications of a licensed engineer or
surveyor. When referred to the state plane coordinate system they shall
also conform to the requirements of the State Department of
Transportation. They shall be placed as required by the Town and their
location noted and referred to upon the final plat.
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i) All lot corner markers shall be permanently located in a way satisfactory
to a licensed engineer or surveyor.
j) Pins, pipes or monuments of a type approved by the Town Board shall
be set at all corners and angle points of the boundaries of the original
tract to be subdivided, and at all street intersections, angle points in
street lines, points of curve, and such intermediate points as shall be
required by a licensed engineer or surveyor.
k) Construction drawings, including plans, profiles and typical cross-
sections as required, showing the proposed location, size and type of
streets, sidewalks, streetlighting standards, street trees, curbs, water
mains, sanitary sewers and storm drains, pavements and subbase,
manholes, catch basins and other facilities.
C. Endorsement of state and county agencies. Water and sewer facility proposals
contained in the final subdivision plat shall be properly endorsed and approved by
the Tompkins County Department of Health. Applications for approval on plans for
sewer or water facilities shall be filed by the subdivider with all necessary Town,
county, and state agencies. Endorsement and approval by the Tompkins County
Department of Health shall be secured by the subdivider prior to official
submission of the final subdivision plat for approval by the Planning Board.
D. Cluster Subdivisions.
1. Purpose
a) To permanently protect open space and recreational opportunities,
agricultural land, forestry land, wildlife habitat, other natural resources
including aquifers, waterbodies and wetlands, in a manner that is
consistent with the Town of Ulysses Comprehensive Plan;
b) To encourage a less sprawling and more efficient form of development
that consumes less open land and conforms to existing topography and
natural features better than a conventional or grid subdivision;
c) To minimize the total amount of disturbance on the site;
d) To further the goals and policies of the Town of Ulysses Comprehensive
Plan;
e) To facilitate the construction and maintenance of housing, streets,
utilities, and public service in a more economical and efficient manner;
f) To achieve a balance between well-designed residential development,
meaningful open space conservation, and natural resource protection
in the countryside by requiring cluster subdivisions instead of
traditional major subdivisions.
2. Authority. The Planning Board is authorized to approve average density
subdivision for parcels in all zones. In addition, the Planning Board, at its
discretion, may recommend said average density subdivisions to be clustered
on a particular lot as described herein. The Planning Board is authorized to
approve a cluster development simultaneously with the approval of a
subdivision plat or plats pursuant to Town Law §278. Approval of a cluster
development is subject to the provisions set forth in Town Law §278 and these
Land Subdivision Regulations. This section supersedes § 278 of the Town Law
pursuant to the Town's authority in § 10 of the Municipal Home Rule Law.
3. Applicability
a) These regulations apply to all properties within the Town. The use of
cluster subdivisions is intended to protect tracts of environmentally and
scenically significant undeveloped land in the Town, including road
corridors and buffer areas, and implement the Town of Ulysses
Comprehensive Plan.
b) Cluster subdivisions result in the preservation of contiguous open space
and important scenic and environmental resources, while allowing
compact development and more design flexibility than traditional
subdivisions. Cluster subdivisions must satisfy the standards in this
chapter. The procedure for approving cluster subdivisions is described
in this Section. Subject to the criteria of these regulations, the
implementation of conservation subdivision is the primary method of
subdivision unless the findings set forth in this chapter allow for
subdivision.
4. Request by subdivider. A subdivider may request the use of Cluster Subdivision
under Town Law § 278 with respect to presentation of a Minor Subdivision
Sketch Plat as described in Article XXI, § 212-142.1A hereof.
5. Sketch plat. A subdivider must present, along with a proposal in accordance
with the provisions of Town Law § 278, a Cluster Sketch Plat which is consistent
with all the criteria established by these Land Subdivision Regulations, including
roads being consistent with the road specifications and lots being consistent
with Zoning Regulations.
6. Design Process and Standards
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a) At the time of the application for a subdivision approval subject to
Cluster Subdivision, applicants are required to demonstrate to the
Planning Board that the following Design Process was performed by a
certified Landscape Architect, Engineer, or Surveyor licensed in NY
State, and considered in determining the layout of proposed streets,
house lots, and open space.
b) The landscape shall be preserved in its 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.
c) 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.
d) Mixed-use 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.
e) 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.
f) 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.
g) The Planning Board shall make a final determination as to which land
has the most conservation value and should be protected from
development based on the Resource Analysis as articulated in Section
7. This determination shall be based upon an analysis that weighs the
relative importance of the environmental resources on the site and
shall be expressed in a written report supporting its decision (the
Conservation Findings).
h) The Planning Board may incorporate information provided by, but not
limited to, its own research, site visits, consultants, other qualified
experts or agencies or from public comments. If, as a result of the
SEQRA review, information arises to cause the Resource Analysis to
change, such change will be made at that time, by the Planning Board,
in its sole discretion.
7. Resource Analysis
The Planning Board shall use the Resource Analysis required in this Section to
determine the amount of constrained land and other unique features with
conservation value. The Planning Board shall review the Resource Analysis and
make its Conservation Findings. The Resource Analysis and Conservation
Findings shall be used as the basis for Sketch Plan Review.
a) The Resource Analysis shall show lands with conservation value on the
parcel and within 200 feet of the boundaries of the parcel, including but
not limited to the following:
i. Wetlands, watercourses, streams, slopes 15% to 30% and
slopes over 30%.
ii. Prime and statewide important farmland soils, land in active
agricultural use, trail corridors, scenic viewsheds, public
water supply wellheads, park and recreation land,
unfragmented forestland, wildlife corridors and habitats,
vernal pools, and historic and archaeological sites, if such
areas are specifically identified in the Comprehensive Plan, in
the Town of Ulysses Natural Resources Inventory, the New
York Natural Heritage Program, in biodiversity maps prepared
for the Town by an environmental consulting organization, or
in any the Town of Ulysses Agriculture and Farmland
protection plan.
iii. Designated overlay zones for stream corridors, aquifers,
scenic protection, and floodplains.
iv. Buffer areas necessary for screening new development from
adjoining parcels.
v. Stone walls and individual trees or forested areas containing
trees that are 18 inches in diameter at breast height (DBH) or
larger.
vi. Land that has been disturbed or altered in the past and
therefore may be more suitable for development. (This does
not include land disturbed by an Applicant prior to applying
for a development approval.)
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vii. If identified by the Planning Board or the Town's planning
consultant in the course of Sketch Plan discussions, other
land exhibiting present or potential future recreational,
historic, ecological, agricultural, water resource, scenic or
other natural resource value.
b) The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated into the sketch plan showing land
recommended to be permanently preserved by a conservation
easement, as well as recommended conservation uses, ownership, and
management guidelines for such land. The sketch plan shall also show
preferred locations for intensive development as well as acceptable
locations for less-dense development.
c) The determination as to which land has the most conservation value
and should be protected from development by conservation easement
shall be made by the Planning Board, which shall make written findings
supporting its decision (the "conservation findings"). The Planning
Board shall not endorse any application that does not include a
complete conservation analysis sufficient for the Board to make its
conservation findings. The Planning Board's conservation findings shall
be subject to revision based upon field analysis of the site and
information developed in the course of the SEQRA process.
d) The applicant shall prepare the Resource Analysis and submit it to the
Planning Board as part of the Sketch Plan. The Resource Analysis shall
contain the following information and be subject to the following order:
i. Step One: Identifying Conservation Areas. Identify
preservation land by two steps. First, Primary Conservation
Areas such as wetlands, riverfront areas, and floodplains
regulated by local, state, or federal law and Secondary
Conservation Areas (including unprotected elements of the
natural landscape such as steep slopes, mature woodlands,
prime farmland, meadows, wildlife habitats and cultural
features such as historic and archeological sites and scenic
views) must be identified and delineated. Second, the
Potentially Developable Area will be identified and
delineated. To the maximum extent feasible, the Potentially
Developable Area shall consist of land outside identified
Primary and Secondary Conservation Areas. Applicants shall
consult the Town of Ulysses Natural Resources Inventory in
preparing the conservation analysis.
ii. Step Two: Locating House Sites. Locate the approximate sites
of individual houses within the Potentially Developable Area
and include the delineation of private yards and shared
amenities, so as to reflect an integrated community, with
emphasis on consistency in development patterns. The
number of homes enjoying the amenities of the development
shall be maximized.
iii. Step Three: Aligning the Road and Trails. Align roads in order
to access the house lots. Additionally, new trails should be
laid out to create internal and external connections to
existing and/or potential future streets, sidewalks, and trails.
iv. Step Four: Lot Lines. Draw in the lot lines. Cluster subdivisions
are intended to allow flexibility while preserving important
natural attributes of the land. Density is calculated following
a formula based upon the net acreage of the property. In
order to determine the net acreage of a given area of land, it
is necessary to subtract land that is unbuildable or that
presents other development constraints.
e) Lots shall be arranged in a manner that protects land of conservation
value and protects the scenic resources of the Town. Compact
development is encouraged if it advances the protection of significant
resources.
f) The minimum lot width and other dimensional standards of § 212-29
Lot Area and Yard Requirements may be waived at the discretion of the
Planning Board for any subdivision that meets the policy standards of
subsections 4 and 5 below and provided that there is adequate lot area
for the siting of on-site wells and on-site wastewater treatment systems
where planned. The limiting factor on lot size in cluster subdivisions is
the availability of water and sewer infrastructure.
g) The Planning Board shall determine appropriate lot sizes in the course
of its review of a Cluster Subdivision based upon the criteria established
in this section and the requirements of the Tompkins County
Department of Health. Town services, if available, and/or private
water/sewage systems may be used to meet these requirements. In
order to permit a clustered lot configuration, wells and on-site
wastewater treatment systems may also be located in areas of
protected open space, provided that necessary easements are provided
for maintenance of these facilities.
h) The applicant shall specify dimensional requirements for a proposed
Cluster Subdivision by identifying setbacks and other lot dimensions to
be incorporated into the Final Plat. The Planning Board may vary bulk
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requirements to accommodate a Cluster Subdivision. The Planning
Board may consider an application to develop a portion of a parcel if a
Resource Analysis is provided for the entire parcel.
i) There shall be no required area, bulk, or dimensional standards in a
Cluster Subdivision with the exception of building height for the zone
where the Cluster Subdivision is located.
j) Where lot width requirements have been waived, the minimum road
frontage for each lot shall not be less than 50 feet.
k) Side lot lines shall be substantially at right angles or radial to street
lines.
l) Through lots or reverse-frontage lots shall be avoided except where
essential to overcome specific disadvantages of topography and
orientation. An easement of suitable width, across which there shall be
no right of access, may be required along the line of lots abutting such
road or other disadvantageous use. As an alternate, where driveway
access from a major street may be necessary for several adjoining lots,
the Planning Board may require that such lots be served by a combined
access driveway in order to limit possible traffic hazard on such street.
m) The plat shall provide each lot with satisfactory access to an existing
public street or to a subdivision street that will be ceded to public use
at the time of final plat approval. Private roads may be permitted only
by resolution of the Town Board.
n) Radius corners shall be provided on the property line substantially
concentric with the curb radius corners.
E. Density Bonuses
The Planning Board may, in its discretion, grant a density bonus for Cluster
Subdivisions advancing specific policy goals enumerated below. The density bonus
allows additional lots. Notwithstanding the minimum lot sizes set forth above, the
following additional requirements shall apply to Major Subdivisions within the
Rural/Agricultural Zone:
1. The maximum density permitted in § 212-29 Lot Area and Yard Requirements
may be increased through density bonuses designed to advance important
goals of the Comprehensive Plan and Agricultural and Farmland Protection
Plan. In accordance with § 261-b of the Town Law of the State of New York, the
Town Board of the Town of Ulysses is empowered to provide for a system of
zoning incentives or bonuses in exchange for specific environmental, social,
economic, or cultural benefits or amenities as the Town Board deems
necessary and appropriate and which are consistent with the intent and
purpose set forth in the Comprehensive Plan.
2. These density bonuses may be combined to result in a total density bonus not
exceeding 100%. The density permitted by this section shall not be reduced as
a result of the Resource Analysis required in § 212-142.4(D)(7) or as a result of
the reservation of parkland during the subdivision process. Density bonuses are
given at the discretion of the Planning Board based upon written findings by
the Planning Board documenting the expected public benefit. Density bonuses
are calculated by first determining the allowable base density under § 212-29
Lot Area and Yard Requirements and then multiplying that number by the
percentages that follow:
i. If the applicant allows public access to protected open space on the
property and the Planning Board finds that such public access
provides a significant recreational benefit to the Town (such as a
trail connector or access to an important natural area): a maximum
of 30% density bonus.
ii. If the applicant design and orients 75% or more of the project’s total
building floor area (excluding existing buildings) for solar orientation
such that one axis of each qualifying building is at least 1.5 times
longer than the other, and the longer axis is within 15 degrees of
geographical east-west: a maximum 30% density bonus. The length-
to-width ratio applies only to walls enclosing conditioned spaces;
walls enclosing unconditioned spaces, such as garages, arcades, or
porches, cannot contribute to credit achievement. The surface area
of equator-facing vertical surfaces and slopes of roofs of buildings
counting toward the bonus must not be more than 25% shaded at
the time of initial occupancy, measured at noon on the winter
solstice.
iii. If the applicant provides twice the required buffering as 212-124
Standards for vegetated buffer areas, B. Stream protection setback:
a maximum 30% density bonus.
F. Public hearing and review of the final plat. Within 62 days of the date of
submission of a major subdivision final plat in final form for approval, a public
hearing shall be held by the Planning Board. This hearing shall be advertised.
Advertising shall be at least once in the official newspaper of the Town and at least
five days before the hearing. If, however, the Planning Board deems the final plat
to be in substantial agreement with a preliminary plat approved under Article XXI,
§ § 212-142.3(C) hereof, and modified in accordance with requirements of such
approval if such preliminary plat had been approved with modification, the
Planning Board may waive the requirement for such a public hearing.
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§ 212-142.5 Planning Board action on proposed final subdivision plat.
A. Prescribed time for action. The Planning Board action shall be by resolution to
conditionally approve with or without modification; disapprove; or grant final
approval to and authorize the signing of the plat by the Chair of the Planning
Board. The action is to be taken within 62 days of the public hearing, if one was
held, and if no public hearing was held, within 62 days of the date of submission.
This time may be extended by written mutual consent of the subdivider and the
Planning Board. Failure to take action on a final plat within the time prescribed
therefor shall be deemed approval of the plat.
B. Conditional approval. Upon resolution of conditional approval of a final plat, the
Planning Board shall empower the Chair of the Planning Board to sign the plat
upon completion of such requirements as may be stated in the resolution. Within
five days of such resolution, the plat shall be certified by the Chair of the Planning
Board as conditionally approved, and a copy filed in the Town Clerk's office, and a
certified copy mailed to the subdivider. The copy mailed to the subdivider shall
include a certified statement of such requirements as, when completed, will
authorize the signing of the conditionally approved final plat.
C. Certification by Chair of Planning Board. Upon completion of such requirements,
the plat shall be signed by the Chair or designee of the Planning Board.
D. Expiration of approval. Conditional approval of a final plat shall expire 180 days
after the date of the resolution granting such approval unless the requirements
have been certified as completed within that time. The Planning Board may,
however, extend the time within which a conditionally approved plat may be
submitted for signature, if in its opinion such extension is warranted by the
circumstances; extensions shall be for additional periods of 90 days each.
§ 212-142.6 Required improvements.
A. Final approval of major subdivision final plat. Before the Planning Board grants
final approval of a major subdivision final plat, the subdivider shall follow the
procedure set forth in either § 212-142.6J(B) or (C) below.
B. Full-cost check or bond. In an amount set by the Planning Board, the subdivider
shall either file with the Town Clerk a certified check to cover the full cost of the
required improvements, or the subdivider shall file with the Town Clerk a
performance bond to cover the full cost of the required improvements. Any such
bond shall comply with the requirements of § 277 of Town Law, and further shall
be satisfactory to the Town Board and Town Attorney as to form, sufficiency,
manner of execution and surety. A period of one year, or such other period as the
Planning Board may determine appropriate, not to exceed three years, shall be set
forth in the bond as the time within which required improvements must be
completed.
C. Check or bond for completion. The subdivider shall complete all required
improvements to the satisfaction of the Zoning Officer, who shall file with the
Planning Board a letter signifying the satisfactory completion of all improvements
required by the Planning Board. For any required improvements not so completed,
the subdivider shall file with the Town Clerk a bond or certified check covering the
costs of such improvements. Any such bond shall be satisfactory to the Town
Board and Town Attorney as to form, sufficiency, manner of execution and surety.
D. Underground utilities map. The required improvements shall not be considered to
be completed until the installation of the improvements has been approved by a
licensed engineer or surveyor and a map satisfactory to the Zoning Officer has
been submitted indicating the location of monuments marking all underground
utilities as actually installed. If the subdivider completes all required improvements
according to § 212-142.6(C) hereof, then the map shall be submitted prior to
endorsement of the plat by the Planning Board Chair. However, if the subdivider
elects to provide a bond or certified check for all required improvements as
specified in § 212-142.6(B) hereof, such bond shall not be released until such a
map is submitted.
E. Public streets and recreation areas.
1. Public acceptance of roads. The approval by the Planning Board of a
subdivision plat shall not be deemed to constitute or be evidence of any
acceptance by the Town of any road, easement or other open space shown
on the subdivision plat.
2. Ownership and maintenance of recreation areas. When a park, playground,
or other recreation area has been shown on a subdivision plat, approval of
the plat shall not constitute an acceptance by the Town of the recreation
area. The Planning Board shall require the plat or licensed survey map to be
endorsed with approved and appropriate restrictions and disclaimers to this
effect. The Planning Board may also require the filing of a written agreement
between the applicant and the Town Board covering future deed and title,
dedication, and provision for the cost of grading, development, equipment
and maintenance of any such recreation area.
§ 212-142.7 Modification of design of improvements.
If, at any time during the construction of required improvements, it is demonstrated to the
satisfaction of the Zoning Officer that unforeseen conditions make it necessary to modify the
location or design of the required improvements, the Zoning Officer may, upon approval by
the Chair of the Planning Board or designee, authorize modifications, provided that these
modifications are within the spirit and intent of the Planning Board's approval and do not
extend to the waiver or substantial alteration of the function of any improvements required
by the Board. The Zoning Officer shall issue any authorization under this subsection in writing
and shall transmit a copy of such authorization to the Planning Board at its next regular
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meeting.
§ 212-142.8 Inspection of improvements.
A. Inspection fee. At least five days prior to commencing construction of required
improvements, a subdivider shall pay to the Town Clerk the inspection fee
required by the Town Board and shall notify the Town Board, in writing, of the
time when the subdivider proposes to commence construction of the
improvements, so that the Town Board may cause inspection to be made to assure
that all Town specifications and requirements shall be met during the construction
of required improvements, and to assure the satisfactory completion of
improvements and utilities required by the Planning Board.
B. Proper installation of improvements. If the Town's Engineer finds, upon inspection
of the improvements performed before the expiration date of a performance
bond, that any of the required improvements have not been constructed in
accordance with plans and specifications filed by the subdivider, the Engineer shall
so report to the Town Board, Zoning Officer and Planning Board. The Town Board
then shall notify the subdivider and, if necessary, the bonding company, and take
all necessary steps to preserve the Town's rights under the bond. No additional
subdivision plat shall be approved by the Planning Board as long as the subdivider
is in default on a previously approved subdivision plat.
§ 212-142.9 Final approval of subdivision plat.
A. Signature of Planning Board Chair. Upon completion of the requirements in § 212-
142.5 through § 212-142.8 hereof and notation to that effect upon the
subdivision plat, it shall be deemed to have final approval and shall be properly
signed by the Chair or designee of the Planning Board and may be filed by the
applicant in the office of the County Clerk.
B. Prompt filing. Any subdivision plat not so filed or recorded within 62 days of the
date upon which the plat is approved or considered approved by reason of the
failure of the Planning Board to act shall become null and void.
Plat void if revised after approval. No changes, erasures, modifications or revisions shall
be made in any subdivision plat after approval has been given by the Planning Board and
endorsed, in writing, on the plat, unless the plat is first resubmitted to the Planning
Board and the Board approves any modifications. In the event that any such subdivision
plat is recorded without complying with this requirement, it shall be considered null and
void, and the Board shall institute proceedings to have the plat stricken from the
records of the County Clerk.
§ 212-142.10 General requirements and road design standards
In considering applications for subdivision of land, the Planning Board shall be guided by the
following principles and the standards set forth in § 212-140(2) and 212-142.10 hereof. The
standards shall be considered minimum requirements and shall be waived by the Planning
Board only under circumstances set forth in Article XXI, § 212-142.10(H) hereof.
A. Preservation of Open Space.
1. If the arrangement of lots results in large expanses of preserved open space,
the preserved open space may be included as a portion of one or more large
lots, or may be contained in a separate open space lot. Such open space may
be owned by a homeowner’s association, private landowner(s), a utility
company, a non-profit organization, or the Town or other governmental
entity, as long as it is permanently protected from development by a
conservation easement held by a unit of government or qualified
conservation organization
2. Permanent Preservation by Conservation Easement
a) A perpetual conservation easement restricting development of
the open space land and allowing use only for agriculture, forestry
and silviculture, passive recreation, protection of natural
resources, or similar conservation purposes, pursuant to Section
247 of the New York State General Municipal Law and/or Sections
49-0301 through 49-0311 of the Environmental Conservation Law,
may be granted to the Town, with the approval of the Town
Board, or to a qualified not-for-profit conservation organization
acceptable to the Planning Board. Such conservation easement
shall be approved by the Planning Board and shall be required as a
condition of Final Plat approval. The conservation easement shall
be recorded in the Tompkins County Clerk’s Office prior to or
simultaneously with the filing of the final subdivision plat in the
County Clerk’s Office. The Town shall maintain a current map
which displays all lands subject to conservation easements or
deed restrictions
b) The conservation easement shall limit residential, industrial, or
commercial use of open space land (except in connection with
agriculture, forestry, and passive recreation). Access roads,
driveways, wells, local utility distribution lines, underground
sewage disposal facilities, stormwater management facilities,
trails, temporary structures for passive outdoor recreation, and
agricultural structures may be permitted on preserved open space
land with Planning Board approval, provided that they do not
impair the conservation value of the land. Forestry and silviculture
shall be conducted in conformity with applicable New York State
Department of Environmental Conservation best management
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practices. 3. Ownership of Open Space Land
a) Open space land shall under all circumstances be protected by a perpetual
conservation easement, but may be held in private ownership, offered for
dedication to Town, County, or State governments, transferred to a
qualified not-for-profit conservation organization acceptable to the
Planning Board, owned in common by a homeowner’s association (HOA),
or held in such other form of ownership as the Planning Board finds
appropriate to properly manage the open space land and to protect its
conservation value.
b) If the land is owned in common by an HOA, such HOA shall be established
in accordance with the following:
i. The HOA must be established before the approved subdivision Final Plat
is signed, and must comply with all applicable provisions of the
General Business Law.
ii. Membership must be mandatory for each lot owner, who must be
required by recorded covenants and restrictions to pay fees to the
HOA for taxes, insurance, and maintenance of common open space,
private roads, and other common facilities.
iii. The open space restrictions must be in perpetuity.
iv. The HOA must be responsible for liability insurance, property taxes, and
the maintenance of recreational and other facilities and private
roads.
v. Property owners must pay their pro rata share of the costs and the
assessment levied by the HOA must be able to become a lien on the
property.
vi. The HOA must be able to adjust the assessment to meet changed
needs.
vii. The applicant shall make a conditional offer of dedication to the Town,
binding upon the HOA, for all open space to be conveyed to the
Town. Such offer may be accepted by the Town, at the discretion of
the Town Board, upon the failure of the HOA to take title to the
open space from the applicant or other current owner, upon
dissolution of the association at any future time, or upon failure of
the HOA to fulfill its maintenance obligations hereunder, or to pay
its real property taxes.
viii. Ownership shall be structured in such a manner that real property
taxing authorities can satisfy property tax claims against the open
space lands by proceeding against individual owners in the HOA and
the dwelling units they each own.
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ix. The attorney for the board reviewing the application shall find that the
HOA documents presented satisfy the conditions in Subsections (i)
through (viii) above and such other conditions as the Planning Board
shall deem necessary.
B. Road considerations.
1. Statement of acceptance. All roads that are to be dedicated as public roads
must comply with the standards set forth in this document. All access roads
that are not to be dedicated as public roads must comply with § 280-a of Town
Law. Roads will be accepted only if they are free and clear of all liens,
encumbrances, easements and rights-of-way. A written statement of
acceptance must be filed by the Highway Superintendent and the Town
Attorney before any road shall be accepted by the Town Board.
2. Width, location, and construction. Roads shall be sufficiently wide, suitably
located, and adequately constructed to conform to the Ulysses Comprehensive
Plan and to accommodate the prospective traffic and afford access for
firefighting, snow removal and other road-maintenance equipment. The
arrangement of roads shall be such as to cause no undue hardship to adjoining
properties and shall be coordinated so as to compose a convenient system.
Refer to Article XXI, § 212-142.10(C) hereof for roads that are to be turned over
to and maintained by the Town.
3. Arrangement of roads.
a) The arrangement of roads in a subdivision shall provide for the
continuation of principal streets of adjoining subdivisions, and for proper
projection of principal streets into adjoining properties which are not yet
subdivided, in order to make possible necessary fire protection, movement
of traffic, and the construction or extension, presently or when later
required, of needed utilities and public services such as sewers, water lines
and drainage facilities. Subdivisions containing 20 lots or more shall have
at least two street connections with existing public streets, or streets
shown on the Official Map, if such exist, or streets on an approved
subdivision plat for which a bond has been filed.
b) Where, in the determination of the Planning Board, topographic or other
conditions make such continuance undesirable or impracticable, the above
conditions may be modified.
4. Minor roads. Minor roads shall be so laid out that their use by through traffic
will be discouraged.
5. Special treatment along major arterial roads. When a subdivision abuts or
contains an existing or proposed major arterial road, the Planning Board may
require marginal access roads, reverse frontage with screen planting contained
in a nonaccess reservation along the rear property line, deep lots with rear
service alleys, or such other treatment as may be necessary to afford adequate
protection of residential properties and to afford separation of through and
local traffic.
6. Loop roads and circle drives. The creation of loop residential roads will be
encouraged wherever the Planning Board finds that such roads are needed or
desirable. Circle drives create problems for snow plowing and are discouraged.
The Planning Board may require the reservation of a twenty-foot-wide
easement to provide for continuation of pedestrian traffic and utilities to the
next street.
7. Dimensions of blocks. Blocks generally shall not be less than 400 feet nor more
than 1,200 feet in length. In general, no block width shall be less than twice the
normal lot depth. In blocks exceeding 800 feet in length, the Planning Board
may require the reservation of a twenty-foot-wide easement through the block
to provide for the crossing of underground utilities and pedestrian traffic where
needed or desirable and may further specify, at its discretion, that a four-foot-
wide paved foot path be included.
8. Openings for minor roads. Minor or secondary road openings into such roads
shall, in general, be at least 500 feet apart.
9. Road jogs. Road jogs with center-line offsets of less than 125 feet shall not
normally be permitted.
10. Angles of intersection. The angle of intersection for all roads shall be such that
for a distance of at least 100 feet a road is within 10° of a right angle to the
road it joins.
11. Roads' relation to topography. The road plan of a proposed subdivision shall
bear a logical relationship to the topography of the property, and all streets
shall be arranged so as to obtain as many of the building sites as possible at or
above the grade of the streets. Grades of roads shall conform as closely as
possible to the original topography.
12. Borders with railroad or limited-access highway rights-of-way. Where a
subdivision borders on or contains a railroad right-of-way or a limited-access
highway right-of-way, the Planning Board may require a road approximately
parallel to and on each side of such right-of-way, at a distance suitable for the
appropriate use of the intervening land (as for park purposes in residential
zones or for commercial or industrial purposes in appropriate zones). Such
distances shall also be determined with due regard for the requirements of
approach grades and future grade separations.
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C. Road design.
1. Guidelines.
a) Rights-of-way:
i. Major roads: sixty-six-foot right-of-way, forty-foot minimum
pavement width (four travel lanes).
ii. Local roads: sixty-foot right-of-way, twenty-foot minimum
pavement width (two travel lanes).
iii. Additional rights-of-way may be required where deep cuts or
fills are needed.
b) Width of road: twenty-foot minimum pavement width, lanes ten-foot
minimum width.
c) Shoulder width: six-foot minimum width.
d) Sight distance: Sight distance shall be at least 300 feet for intersections,
horizontal curves and vertical curves.
e) In all cases where lots of less than two-hundred-foot frontage are
shown on the highway, alignment shall accommodate a potential future
five-foot-wide sidewalk on the side along the highway right-of-way.
2. Construction specifications (Refer to Figure 2).
a) Before any gravel is placed, the subgrade shall be crowned to a five-
percent grade and shall be well compacted.
b) Adequate ditches shall be provided by the builder. The minimum ditch
grade shall be 0.5%. The Town will maintain ditches after acceptance of
road.
c) Culverts shall be placed in natural waterways, at low spots in grade, and
in other spots where required. Builder will furnish culverts and install
head walls if requested by the Highway Superintendent. All culvert sizes
and lengths shall be determined and culvert designs approved by the
Highway Superintendent before installation.
d) Under drains shall be placed in low, wet areas where side hill seepage is
encountered or in other areas where required.
e) Approved gravel base shall be placed six inches to 18 inches deep from
ditch to ditch and well compacted. All depth measurements refer to
compacted depths. The top lift shall be crushed gravel or crusher-run
stone, 20 feet wide and six inches deep centered on base and
compacted. The total compacted depth of gravel shall be 12 inches to
24 inches. Gravel base will be compacted at six- to eight-inch lifts, top
grade compacted at the six-inch lift.
f) All roads must be paved with either a liquid bituminous material or a
plant-mixed bituminous concrete material. Base course three inches
minimum, top course two inches minimum.
g) Crown on road: two-percent grade.
h) If considered necessary for road maintenance purposes, the Highway
Superintendent may require greater road curve radii than the standards
in the following sections.
3. Further road improvements, including fire hydrants and lighting. Roads
shall be graded and improved with pavement. In addition, roads may
require curbs and gutters, sidewalks, storm drainage facilities, water mains,
sewers, streetlights and signs, street trees and fire hydrants, except where
waivers may be requested, and the Planning Board may waive, subject to
appropriate conditions, such improvements as it considers may be omitted
without jeopardy to the public health, safety and general welfare.
Pedestrian easements shall be improved as required by the Town's
Engineer. Such grading and improvements shall be approved as to design
and specifications by the Town's Engineer.
a) Fire hydrants shall conform to all requirements of standard thread
and nut as specified by the New York Fire Insurance Rating
Organization and the Division of Fire Safety of the State of New York
and the Town of Ulysses specifications or laws for public water
service.
b) Lighting facilities shall be in conformance with the lighting system of
the Town. Such lighting standards and fixtures shall be installed
after approval by the appropriate power company and the
authorized Town Electrical Inspector.
4. Underground utilities. The Planning Board shall require that underground
utilities be placed in the road right-of-way between the paved roadway and
road line to simplify location and repair of lines when they require
attention. The subdivider shall install underground service connections to
the property line of each lot within the subdivision for such required
utilities before the road is paved. Where topography is such as to make
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impractical the inclusion of utilities within the road rights-of-way, perpetual
unobstructed easements at least 20 feet in width shall be otherwise
provided with satisfactory access to the road. Wherever possible,
easements shall be continuous from block to block and shall present as few
irregularities as possible. Such easements shall be cleared and graded
where required.
5. Grades. Grades of all roads shall conform in general to the terrain, and shall
not be less than 0.5% nor more than 6% for major or collector roads, or
10% for minor roads in residential zones, but in no case more than 3%
within 50 feet of any intersection. All changes in grade shall be connected
by vertical curves of such length and radius as meet with the approval of
the Town's Engineer so that clear visibility shall be provided for a safe
distance.
6. Curves at intersections. All road right-of-way lines at intersections shall be
rounded by curves of at least a twenty-foot radius, and curbs shall be
adjusted accordingly. (Refer to Figure 3.)
7. Visibility. Visibility at intersections shall be maintained. A combination of
steep grades and curves shall be avoided. In order to provide visibility for
traffic safety, that portion of any corner lot (whether at an intersection
entirely within the subdivision or of a new road with an existing road)
which is shown shaded on the figure below shall be cleared of all growth
(except isolated trees) and obstructions above a level three feet higher
than the center line of the road. If such is directed, ground shall be
excavated to achieve visibility. (Refer to Figure 4.)
8. Circle drive requirements. Circle drive roads shall terminate in a circular
turnaround having a minimum outside right-of-way diameter of 220 feet
and a minimum right-of-way width of 60 feet. Circle drive roads are to be
discouraged and a loop road used instead. At the end of a temporary dead-
end road, the developer should put in a temporary hammerhead
turnaround. (Refer to Figure 5.)
9. Loop roads. The two intersections of a loop road with the main road must
be a minimum of two lot depths apart. (Refer to Figure 6.)
10. Watercourses. Where a watercourse separates a proposed road from
abutting property, provision shall be made for access to all lots by means of
culverts or other structures of design approved by the Highway
Superintendent or the Town's Engineer. Where a subdivision is traversed
by a watercourse, drainageway, channel or stream, there shall be provided
a stormwater easement or drainage right-of-way as required by the
Highway Superintendent or the Town's Engineer, which in no case shall be
less than 20 feet in width.
11. Curves at deflecting roads. In general, road lines within a block deflecting
from each other at any one point by more than 10° shall be connected with
a curve, the radius of which from the center line of the street shall not be
less than 400 feet on major roads, 200 feet on local roads, and 100 feet on
minor roads. (Refer to Figure 7.)
12. Service roads. Paved rear service roads of not less than 20 feet in width, or
in lieu thereof, adequate off-road loading space, surfaced with a suitable,
dust-free material, shall be provided in connection with lots designed for
commercial use.
13. Commercial zones. In front of areas zoned and designed for commercial
use, or where a change of zoning to a zone which permits commercial use
is contemplated, the road width shall be increased by such an amount on
each side as may be deemed necessary by the Planning Board to assure the
free flow of through traffic without interference by parked or parking
vehicles, and to provide adequate and safe parking space for such a
commercial or business zone.
D. Road names.
1. All road names shown on a preliminary plat or subdivision plat shall be
approved by the Planning Board. In general, roads shall have names and
not numbers or letters.
2. Proposed road names shall be substantially different so as not to be
confused in sound or spelling with present names in this or nearby
municipalities, except that roads that join or are in alignment with roads of
an abutting or neighboring property shall bear the same name. Generally,
no road should change direction sharply or at a corner without a change in
name.
E. Lots.
1. Lots shall be buildable. The lot arrangement shall be such that in
constructing a building in compliance with the zoning regulations, there will
be no foreseeable difficulties for reasons of topography or other natural
conditions. Lots approved in a subdivision cannot be further divided.
2. Side lines. All side lines of lots shall be at right angles to straight road lines
and radial to curved road lines, unless a variance from this rule will give a
better road or lot plan.
3. Corner lots. In general, corner lots should be larger than interior lots to
provide for proper building setback from each street and provide a
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desirable building site, and to avoid obstruction of free visibility at the
roadway intersection. See Article XXI, § 212-142C(7).
4. Driveway access. Driveway access and grades shall conform to
specifications of the Town Law. Driveway grades between the street and
the setback line shall not exceed 10%. Property owners are encouraged,
but not required, to minimize driveway impacts by creating shared
driveway easements.
5. Access from private roads. Access from private roads shall be deemed
acceptable only if such roads are designed and improved in accordance
with these regulations.
6. Monuments and lot corner markers. Monuments and lot corner markers
shall be permanent monuments meeting specifications approved by the
Town Board as to size, type and installation; they shall be set at such block
corners, angle points, points of curves in streets and other points as the
Town's Engineer may require; and their location shall be shown on the
subdivision plat.
F. Drainage improvements.
1. Stormwater runoff. All subdivisions are subject to all New York State and
local laws governing stormwater runoff.
2. Removal of spring and surface water. The subdivider may be required by
the Planning Board to carry away by pipe or watercourse any spring or
surface water that may exist either previous to, or as a result of, a
subdivision. Such drainage facilities shall be located in the road right-of-
way where feasible, or in perpetual unobstructed easements of
appropriate width.
3. Drainage structure to accommodate potential development upstream. Any
culvert or other drainage facility shall be large enough to accommodate
potential runoff from the entire upstream drainage area, whether inside or
outside the subdivision. The Town's Engineer shall approve the design and
size of the facility on the basis of anticipated runoff from a ten-year storm
under conditions of total potential development permitted by the zoning
regulations in the watershed.
4. Downstream drainage. The subdivider's engineer shall also study the effect
of each subdivision on the existing downstream drainage facilities outside
the area of the subdivision; this study shall be reviewed by the Town's
Engineer. Where it is anticipated that the additional runoff incident to the
development of the subdivision will overload an existing downstream
drainage facility during a five-year storm, the Planning Board shall notify
the Town Board of such potential condition. In such case, the Planning
Board shall not approve the subdivision until provision has been made for
the improvement of such condition.
5. Land subject to flooding. Land subject to flooding shall not be platted for
residential occupancy, nor for such other uses as may increase danger to
health, life or property, or aggravate the flood hazard, but such land within
the plat shall be set aside for such uses as shall not be endangered by
periodic or occasional inundation, or improved in a manner satisfactory to
the Planning Board to remedy the hazardous conditions.
G. Parks, open spaces, and natural features.
1. Open space to be shown on plat. Where a proposed park, playground, or
open space shown on the Town Plan is located in whole or in part in a
subdivision, the Board shall require that such area or areas be shown on
the plat in accordance with the requirements specified in § 212-142G(2)
hereof. Such area or areas may be dedicated to the Town by the subdivider
if the Town Board approves such dedication.
2. Parks and playgrounds not shown on Town Plan.
a) The Planning Board shall require that a plat show sites of a character,
extent and location suitable for the development of a park, playground
or other recreation purpose. The Planning Board may require that the
developer satisfactorily grade any such recreation areas shown on the
plat.
b) The Board shall require that not less than three acres of recreation
space be provided for 100 dwelling units shown on the plat. However,
in no case shall the Board require more than 10% of the total area to be
set aside in the subdivision. Such area or areas may be dedicated to the
Town by the subdivider if the Town Board approves such dedication.
3. Information to be submitted. In the event that an area to be used for a
park or playground is required to be so shown, the subdivider shall, prior to
final approval, submit to the Board 7 prints (one on Mylar if requested)
drawn in ink showing, at a scale not smaller than 1:300, such area and the
following features thereof:
a) The boundaries of the area, giving metes and bounds of all straight
lines, radii, lengths, central angles and tangent distances of all curves.
b) Existing features, such as brooks, ponds, clusters of trees, rock outcrops
and structures.
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c) Existing, and, if applicable, proposed changes in grade and contours of
the area and of areas immediately adjacent.
4. Waiver of plat designation of area for parks and playgrounds. In cases
where the Planning Board finds that due to the size, topography or location
of the subdivision, land for a park, playground or other recreation purpose
cannot be properly located therein, or, if in the opinion of the Board it is
not desirable, the Board may waive the requirement that the plat show
land for such purposes. The Board shall then require as a condition to
approval of the plat a payment to the Town of Ulysses in an amount
established by the Town Board. Payment shall be per gross acre of land
which otherwise would have been acceptable as a recreation site. The
amount of land which otherwise would have been acceptable as a
recreation site shall be determined in accordance with the standards set
forth in § 212-142F. Such amount shall be paid to the Town at the time of
final plat approval, and no plat shall be signed by the authorized officer of
the Planning Board until such payment is made. All such payments shall be
held by the Town in a special Town Recreation Site Acquisition and
Improvement Fund to be used for the acquisition of land that:
a) Is suitable for public park, playground or other recreational
purposes.
b) Is so located that it will serve primarily the general neighborhood in
which the land covered by the plat lies.
c) Shall be used only for park, playground or other recreational land
acquisition or improvements. 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 Town Board finds there is a need for such
improvements.
5. Reserve strips. Reserve strips of land which might be used to control access
from a proposed subdivision to any neighboring property, or to any land
within the subdivision itself, shall be prohibited.
6. Preservation of natural features. The Planning Board shall, wherever
possible, seek to preserve all natural features which add value to
residential developments and to the community, such as large trees or
groves, watercourses, streams and falls, beaches, historic spots, vistas and
similar irreplaceable assets. No tree with a diameter of 20 inches or more
at breast height shall be removed unless the tree is within the right-of-way
of a street as shown on the final subdivision plat or the tree is damaged or
diseased. Removal of additional trees shall be subject to the approval of
the Planning Board. In no case, however, shall a tree with a diameter of 20
inches or more as measured at breast height above the base of the trunk
be indicated to be removed without prior approval by the Planning Board.
All trees 20 inches in diameter or greater at breast height shall be shown
on the plat or survey map.
H. Waivers of certain required improvements.
1. Where the Planning Board finds that, due to special circumstances of a
particular plat, the provision of certain required improvements is not
requisite to the interest of the public health, safety and general welfare or
is inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the proposed subdivision, the Board may waive
such requirements subject to appropriate conditions, provided that such
waiver will not have the effect of nullifying the intent and purpose of the
Official Map, the Ulysses Comprehensive Plan or this chapter.
2. In granting waivers, the Planning Board shall require such conditions as will,
in its judgment, secure substantially the objectives of the standards or
requirements so waived.
Article XXII
Communication Transmission Towers and Telecommunications Facilities
§ 212-143 Purpose.
The purpose of this article is to recognize the increased demand for wireless communications
transmission facilities and for the services they provide. Often these facilities require the
construction of a communications tower. The intent of this article is to protect the Town's
interest in siting towers in ways consistent with sound land use planning by minimizing visual
and environmental effects of towers through careful design, siting, and vegetative screening;
avoiding potential damage to adjacent properties from tower failure or falling debris through
engineering and careful siting of tower structures and facilities; and maximizing use of any
new or existing tower and encouraging the use of existing buildings and/or structures in order
to reduce the number of towers needed while also allowing wireless service providers to
meet their technological and service objectives for the benefit of the public.
§ 212-144 Exemptions.
For the purpose of this article, any telecommunications facility that: 1) is less than 75 feet in
height and is set back from any lot line a distance equal to its height plus 10 feet; and 2) does
not require use of guy wires to stabilize the antenna structure; and 3) does not have an
antennae or dish that extends more than 10 feet horizontally from the tower structure nor
have more than seven square feet of surface area is exempt from the requirements of this
article.
§ 212-145 Definitions.
For the purpose of this article the following definitions shall apply:
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ACCESSORY STRUCTURE, TELECOMMUNICATION
An accessory facility or structure greater than 120 square feet serving or being used in
conjunction with a telecommunications facility or tower and located on the same lot
as the telecommunications facility or tower. Examples of such structures include utility
or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive radio frequency signals.
Such signals shall include, but not be limited to, radio, television, cellular, paging,
personal communications services and microwave communications.
CO-LOCATED ANTENNAS
Telecommunications facilities which utilize existing towers, buildings or other
structures for placement of antenna(s) and which do not require construction of a
new tower.
HEIGHT
Height includes height of structure and any attachments on the principal structure.
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and telecommunication accessory structures used in
connection with the provision of cellular telephone service, personal communications
services, radio and television broadcast services and similar broadcast services.
TOWER
A structure designed to support antennas. Towers may include freestanding towers,
guyed towers, monopoles and similar structures that employ camouflage technology.
§ 212-146 Standards.
The following requirements related to project and site dimensions shall be adhered to:
A. Height. The tower shall be less than 100 feet in height unless a different height above
that limit is demonstrated by the applicant as being necessary, and proof as to
coverage needs is fully proven for additional height.
B. Lot. A fall zone around any tower constructed as part of a telecommunications facility
must have a radius at least equal to the height of the tower and any attached
antennas. The entire fall zone may not include public roads and must be located on
property either owned or leased by the applicant or for which the applicant has
obtained an easement, and may not, except as set forth below, contain any structure
other than those associated with the telecommunications facility. If the facility is
attached to an existing structure, relief may be granted by specific permission of the
Planning Board, on a case-by-case basis, if it is determined by such Board after
submission of competent evidence that the waiver of this requirement will not
endanger the life, health, welfare or property of any person. In granting any such
waiver, the Board may impose any conditions reasonably necessary to protect the
public or adjacent property from potential injury.
C. Aesthetics and environmental considerations. Telecommunications facilities shall be
located and buffered to the maximum extent that is practical and technologically
feasible to help ensure compatibility with surrounding land uses. In order to minimize
adverse aesthetic effects on neighboring residences, the Planning Board may impose
reasonable conditions on the applicant, including the following:
(1) The Planning Board may require reasonable landscaping consisting of trees or
shrubs to screen the base of the tower and telecommunication accessory
structures to the maximum extent possible from adjacent residential property.
Existing on-site trees and vegetation shall be preserved to the maximum extent
possible.
(2) The Planning Board may require that the tower be designed and sited so as to
avoid, if possible, application of Federal Aviation Administration (FAA) lighting
and painting requirements, it being generally understood that towers should
not be artificially lighted except as required by the FAA.
(3) The tower shall be of galvanized finish or painted matte gray, unless otherwise
required by the FAA, and accessory facilities should maximize use of building
materials, colors and textures designed to blend with the natural surroundings.
(4) No tower, accessory facility, or fencing shall contain any signs not mandated by
the Federal Communications Commission (FCC).
(5) Towers shall be designed to minimize the impact on migratory birds and other
wildlife.
D. Access and parking. A road turnaround and two parking spaces shall be provided to
assure adequate emergency and public access. Maximum use of existing roads, public
or private, shall be made. Road construction and public utility services at the site shall
at all times minimize ground disturbance and vegetation cutting, and road grades shall
closely follow natural contours to assure minimal visual disturbance and reduce the
potential for soil erosion.
E. Safety and security.
(1) All towers and guy anchors, if applicable, shall be enclosed by a fence not less
than six feet in height or otherwise sufficiently secured to protect them from
trespassing or vandalism. The applicant must comply with all applicable state
and federal regulations including, but not limited to, FAA and FCC regulations.
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(2) Every five years the owner shall provide a certification from a qualified,
licensed engineer certifying that the tower or telecommunications facility
meets applicable structural safety standards.
F. Shared use of towers. In the interest of minimizing the number of towers, the Planning
Board may require, as a condition of either site plan or tower permit approval, that
the applicant indicate, in writing, a commitment to co-location of telecommunications
facilities and to provide to the Planning Board's satisfaction the same.
§ 212-147 Filing application.
The applicant will submit a written application for such a permit with the Zoning Officer. The
applicant will submit such information and documents as the Zoning Officer or any other
officer or Town agency having jurisdiction may require. Included in these documents must be
a development plan and copies of all documents submitted by the applicant to the Federal
Communications Commission or any other governmental agency having jurisdiction.
Furthermore, the applicant shall submit an environmental assessment form (long form) with
visual addendum and an analysis demonstrating that the location of the telecommunications
facility as proposed is necessary to meet the frequency, reuse and spacing needs of the
applicant's telecommunications system and to provide adequate service and coverage to the
intended area. In addition, each applicant shall submit to the Planning Board a site plan,
prepared to scale and in sufficient detail and accuracy and including at the minimum the
following materials:
A. Site plan.
(1) The applicant shall submit to the Planning Board the following materials:
(a) Exact location of the proposed telecommunications facility and/or
tower, including geographic coordinates, together with any guy wires
and guy anchors, if applicable;
(b) The maximum height of the proposed telecommunications facility
and/or tower, to include all appurtenances;
(c) The details of tower type, to include engineering drawings from tower
manufacturer (monopole, guyed, freestanding or other);
(d) Location, type and intensity of any lighting on the tower;
(e) Property boundaries and names of adjacent landowners;
(f) Proof of the landowner's consent to abide by this article if the applicant
does not own the property;
(g) Location of all other structures on the property and all structures on any
adjacent property within 100 feet of the property lines, together with the
distance of those structures from any proposed tower;
(h) Location, nature and extent of any proposed fencing, landscaping and/or
screening; and
(i) Location and nature of proposed utility easements and access road, if
applicable.
(2) For the area within construction area, the applicant shall show:
(a) Topographical layout in ten-foot increments;
(b) All bodies of water and streams;
(c) Existing and proposed drainage;
(d) Proposed grading plans;
(e) Location of all trees over eight inches in diameter at breast height; and
(f) Construction plans and elevation drawings of the proposed project.
(3) At the time the applicant is notified of the public hearing date, he or she will be
required to obtain signage provided by the Planning Board by way of the
Zoning Officer to be posted at the site by the applicant in such a manner as to
be readily visible to the public from the nearest adjacent public road at least 10
days prior to the public hearing.
B. Application.
(1) The applicant shall submit to the Planning Board the following materials:
(a) A report from a professional engineer, which shall:
[1] Describe the tower and the technical, economic and other reasons for the
tower design;
[2] Demonstrate that the tower is structurally sound;
[3] Describe how many and what kind of antennas are proposed;
[4] Describe how many and what kind of antennas are possible on the tower;
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[5] Demonstrate that the site can contain on site substantially all ice fall or
debris from tower failure;
[6] Demonstrate that the proposed electromagnetic radiation will not exceed
the levels for the environment recommended by the Federal
Communications Commission in FCC 96-326, Table 1, "Limits for Maximum
Permissible Exposure," and including current limits set by the FCC at time
of application, at the following locations:
[a] Base of the tower or point near the tower with the highest
radiation levels;
[b] The nearest point on the property line; and
[c] The nearest habitable space regularly occupied by people.
(b) A copy of the applicant's FCC license, including any requirements from the FAA.
(c) A copy of the certificate of need issued by the Public Service Commission.
(d) A letter of intent committing the tower owner applicant and/or landowner to
negotiate in good faith for shared use by third parties. This letter, which shall be filed
with the Building Inspector prior to the issuance of a building permit (assuming the
telecommunications tower is approved), shall commit the tower owner and his or her
successors in interest to:
[1] Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant;
[2] Negotiate in good faith for shared use by third parties;
[3] Allow shared use if an applicant agrees, in writing, to pay charges; and
[4] Make no more than a reasonable charge for shared use, based on generally
accepted accounting principles. The charge may include, but is not limited to,
a pro rata share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance, financing, return on
equity and depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic
interference or causing uses on the site to emit electromagnetic radiation in
excess of levels described above.
(e) Evidence that existing facilities or structures, within the technically feasible area, do
not have space on which planned equipment can be placed so as to function
effectively. This shall include the following:
[1] The applicant shall contact the owners of all existing or approved towers
within a ten-mile radius of a proposed site;
[2] The applicant shall provide each contacted owner with the engineer's report
required above; and
[3] The applicant shall request each contacted owner to assess the following:
[a] Whether the existing tower could accommodate the antenna to be
attached to the proposed tower without causing structural instability or
electromagnetic interference;
[b] If the antenna cannot be accommodated, assess whether the existing
tower could be structurally strengthened or whether the antennas and
related equipment could be protected from interference;
[c] Whether the owner is willing to make space available; and
[d] The projected cost of shared use.
(f) Visual environmental assessment form (EAF) addendum to the full EAF.
[1] The applicant shall indicate how the structure can be blended with
the viewshed, including any attempts at camouflage;
[2] The Planning Board may require submittal of a more detailed
analysis based on the results of the visual environmental assessment
form addendum.
(g) Application fee as established by Town Board resolution.
(h) Application shall provide a five-year plan for build-out with propagation studies.
(i) Analysis of alternative sites that includes a preliminary viewshed analysis.
(j) Names, addresses, and phone numbers of the applicant, landowner, engineering
consultant, and service provider.
(2) The Building Inspector will not be required to proceed under this chapter until an
application is complete and application fee is paid as set by the Town Board.
§ 212-148 Planning Board procedure.
A. Procedures.
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(1) After the applicant has filed all documents and supplied all the information
required by the Building Inspector, but not later than 30 days from the date a
completed application is filed, the Building Inspector shall file such application
and all other documents with the Chair of the Planning Board, who shall place
the application on the agenda of the next meeting of the Planning Board.
(2) The application shall be reviewed at such meeting and the Chair shall set a
date for a public hearing, notice of which shall be posted and published at least
once in the official newspaper, the first publication of which shall be at least 10
days prior to the date set for the public hearing, and mailed to owners of
property lying within 1,000 feet of the proposed site and to such other owners
of property in the vicinity of the proposed site as the Chair of the Planning
Board shall determine, at the applicant's cost. It shall be sufficient if the
determination of the ownership is based on the current assessment roll and
the assessment map, but the failure to notify all such owners shall not render
defective any action of the Planning Board.
(3) The date of said public hearing shall be within the requirements set forth in
Town Law and the State Environmental Quality Review Act from the date on
which the completed application was filed with the Chair of the Planning
Board.
(4) The Planning Board may at any stage of the proceedings require additional
information, documents or testimony, and may adjourn final consideration of
its recommendation for a reasonable period for the foregoing purpose and for
further study and review, but no more than 60 days after the first date set for
the public hearing.
(5) If the Planning Board requires the assistance of a consultant to evaluate the
application, the reasonable fees for consultation required by the Planning
Board to evaluate the application shall be borne by the applicant.
(6) The special permit may be granted, denied, or granted with conditions by the
Planning Board.
B. Planning Board criteria. The Planning Board, before rendering its decision, shall
consider the following standards and matters:
(1) The proposed structure is necessary to meet current or reasonably expected
demands for services in the community.
(2) The application significantly demonstrates that alternative sites were
evaluated.
(3) The application conforms to all federal and state laws and all applicable rules
or regulations promulgated by the FCC, the FAA and other federal agencies
having jurisdiction.
(4) The proposed structure is considered a public utility in the State of New York.
(5) The proposed structure is sited, designed and constructed in a manner which
minimizes:
(a) Visual impact to the extent practical; and
(b) Adverse impact upon migratory birds and other birds and wildlife.
(6) The application complies with all other requirements of this chapter, unless
expressly superseded herein.
(7) The site is the most appropriate choice among the sites available within the
technically feasible area for the location of a telecommunications facility.
(8) In considering construction of a new tower, such tower is designed to
accommodate future shared use by at least two other telecommunication
service providers. Any subsequent location of telecommunication equipment
by other service providers on existing towers specifically designed for shared
use shall not require a new or modified special permit if there would be no
increase in the height of the tower and if the tower's original design was
adequate to accommodate the proposed additional equipment. However, the
proposed structure will require a site plan review and issuance of a building
permit before construction occurs. At the discretion of the Zoning Officer there
may be required, before issuance of a building permit, an engineer's certificate
or report to the effect that with the proposed additional equipment the
existing tower continues to be safe and meets all then currently applicable
design and construction criteria in accordance with generally accepted good
engineering practices and generally accepted industry standards.
(9) The size of the site chosen for the proposed use. The tower must be located on
an unoccupied parcel having an area of sufficient size that no part of the tower
will fall on a neighboring property should the structure collapse.
§ 212-149 Building permits.
No building permit shall be issued until final approval has been granted to the applicant by
any county, state and federal agency having jurisdiction in the matter and any and all other
permits which may be required have been issued to the applicant.
§ 212-150 Limited permit.
Any permit granted under this article shall be valid only for the dimensions and number of
antennas or towers in the original application. A new application must be submitted to the
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Planning Board for any changes.
§ 212-151 Removal provisions.
A. At the time of submittal of the application for a special permit for a
telecommunications facility, the applicant shall submit an agreement to remove all
antennas, driveways, structures, buildings, equipment sheds, lighting utilities, fencing,
gates, accessory equipment or structures, as well as any tower(s) designated solely for
use within a telecommunications facility if such facility becomes technologically
obsolete or ceases to perform its original intended function for more than 12
consecutive months. Upon removal of said facility, the land shall be restored to its
previous condition, including, but not limited to, the seeding of exposed soils.
B. At the time of obtaining a building permit, the applicant must provide a financial
security bond for removal of the telecommunications facility and restoration of the
property, with the municipality as the assignee, in an amount approved by the
Planning Board, but not less than $50,000.
C. In instances of modification of the special permit, the Planning Board may adjust the
required amount of the financial security bond to adequately cover increases in the
cost of the removal of the telecommunications facility and the restoration of the
property.
Article XXIII
Nonconformance
§ 212-152 Nonconforming buildings/structures.
Where at the effective date of adoption or amendment of any provision of the Town of
Ulysses Zoning Law (hereinafter referred to as "the effective date"), a lawful structure exists
that could not be built under the terms of the Town of Ulysses Zoning Law (hereinafter
referred to as "this chapter") by reason of restrictions on area (except as otherwise provided
in § 212-154 below), lot coverage, height, yards, or other characteristics of the
building/structure or its location on the lot, current and future owners may retain such
building/structure, so long as it remains otherwise lawful, subject to the following provisions:
A. No such building/structure may be enlarged in a way which increases its
nonconformity;
B. On any nonconforming building/structure, ordinary maintenance may be performed
to repair, replace, strengthen or restore any walls, fixtures, windows, wiring,
plumbing, or roofing. Nothing in this chapter prevents the strengthening or restoring
to a safe condition of any building/structure or part thereof declared to be unsafe by
any official charged with protecting the public safety, upon order of such official;
C. Should such building/structure be destroyed by casualty, in whole or in part, it may be
reconstructed in accordance with the provisions of § 212-156 below;
D. Should such building/structure be moved for any reason for any distance whatever, it
must thereafter conform to the regulations for the zone in which it is located after it is
moved;
E. Should such building/structure be demolished voluntarily, in whole or in part, it may
be reconstructed in accordance with the provisions of § 212-156 below.
§ 212-153 Nonconforming uses of land and buildings/structures.
If a lawful use of land, of a building/structure, or of building/structure and land in
combination, exists at the effective date, that would not be allowed in the zone under the
terms of this chapter as amended, the lawful use may be continued as long as it remains
otherwise lawful, subject to the following provisions:
A. Such nonconforming use shall not be enlarged or increased, nor extended to occupy a
greater area of land than was occupied at the effective date;
B. No existing building/structure devoted to a use not permitted by this chapter in the
zone in which it is located may be enlarged, extended, constructed, moved, or
structurally altered except in changing the use of the structure to a use permitted in
the zone in which it is located;
C. Ordinary repairs may be made, and any nonbearing walls, fixtures, wiring or plumbing
may be repaired or replaced. Nothing in this chapter prevents the strengthening or
restoring to a safe condition of any building/structure or part thereof declared to be
unsafe by any official charged with protecting the public safety, upon order of such
official;
D. Should such building/structure be destroyed by casualty, in whole or in part, it may be
reconstructed in accordance with the provisions of § 212-156 below;
E. Any nonconforming use may be extended throughout any parts of a building/structure
which were manifestly arranged or designed for such use at the effective date, but
such use must not be extended to occupy any land outside such building/structure;
F. Any building/structure, or building/structure and land in combination, in or on which a
nonconforming use is superseded by a permitted use must thereafter conform to the
regulations for the zone in which such structure is located, and the nonconforming use
may not thereafter be resumed;
G. When a nonconforming use of a structure, or structure and land in combination,
ceases for a period of one year, the structure or structure and land in combination
must not thereafter be used except in conformance with the regulations of the zone in
which it is located. For purposes of determining whether a nonconforming use has
ceased for a period of one year, there shall be excluded from the calculation of the
year period any period of time during which a nonconforming use was suspended
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solely because of a national emergency or temporary government restrictions (other
than zoning restrictions). Upon termination of the national emergency or the
temporary government restriction, the calculation of the year period shall resume.
The time limit may be extended by the Board of Zoning Appeals in case of practical
difficulty or unnecessary hardship;
H. Where nonconforming use status applies to a building/structure and land in
combination, removal or destruction of the building/structure eliminates the
nonconforming status of the land;
I. Where a nonconforming use exists in an area that has been or now requires site plan
approval for any change of use, the nonconforming use may not be changed to any
other use permitted in the zone until site plan approval has been obtained pursuant to
the terms of this chapter.
§ 212-154 Dwellings on nonconforming lots.
Notwithstanding the provisions above prohibiting enlargement of nonconforming uses, if only
a one-family dwelling or a legally existing two-family dwelling and related accessory buildings
are present on a lot that is of a size or area less than that otherwise permitted in the zone in
which the lot is located, and such lot is a valid nonconforming lot, such dwelling may be
enlarged or altered provided:
A. The existing dwelling is in conformance with all requirements of this chapter except
for the fact that it is located on a lot of record that is less than the required size or
area at the effective date creating the nonconformity;
B. Such alteration or enlargement does not violate any other provisions of this chapter
(e.g., yard, height, or other restrictions).
§ 212-155 Continuation of construction.
Nothing in this chapter is deemed to require a change in the plans, construction, or
designated use of any building/structure on which actual construction was lawfully begun
prior to the effective date and upon which actual building/structure construction has been
completed within two years after the effective date making the use or building/structure
location nonconforming.
§ 212-156 Restoration.
A. Nothing herein shall prevent the continued use and substantial restoration and
continued use of a nonconforming building/structure damaged by fire, flood,
earthquake, act of nature, or act of the public enemy, or by voluntary demolition,
provided that:
(1) Such restoration is located on, and no larger than, the footprint of the
building/structure prior to its destruction and its height does not exceed the
height of such prior structure; and
(2) Such restoration is completed within two years of the damage; and
(3) The use of the building/structure and the manner in which it was used prior to
the loss is recommenced within two years of the damage.
B. The time limits set forth above may be extended by the Board of Zoning Appeals in
cases of practical difficulty or unnecessary hardship using the same criteria as are
applied in determining applications for an area variance. An application for an
extension shall be brought no later than 60 days before the expiration of the two-year
period or 60 days before the expiration of any previously granted extension.
§ 212-157 Board of Zoning Appeals determination.
The Board of Zoning Appeals shall have the jurisdiction to hear and determine any claims as
to whether a particular use is a valid nonconforming use, or whether a nonconforming use
has been improperly extended or enlarged, or any other matter relating to the
nonconforming uses. Such jurisdiction may be exercised by an appeal of a decision of the
Zoning/Code Enforcement Officer, or by direct application to the Board of Zoning Appeals in
those instances where there is no application for a permit or certificate before the
Zoning/Code Enforcement Officer. Any such direct application to the Board of Zoning Appeals
shall be made on such forms and contain such information as the Board and/or the
Zoning/Code Enforcement Officer may determine and shall be delivered to the Zoning/Code
Enforcement Officer for submission to the Board.
§ 212-158 Variance criteria.
In the event an application is made to the Board of Zoning Appeals for a variance to enlarge
or alter a nonconforming use, the Board of Zoning Appeals shall apply the same criteria in
determining the matter as would be applicable if the application had been made for property
that was otherwise conforming. For example, if the application is to enlarge a building that
already encroaches on a required side yard, the Board of Zoning Appeals shall use the criteria
applicable to considering an area variance. If the application is to change the use to another
nonconforming use, the Board of Zoning Appeals shall use the criteria applicable to
considering a use variance.
Article XXIV
General Provisions
§ 212-159 Temporary accessory residence.
A. Trailers or campers with less than 500 square feet of floor area may be used as a
temporary accessory residence, adjoining a permanent residence or private
recreational area, for periods not exceeding six weeks in any three-month period, or in
any duly authorized campground.
B. Trailers or campers may be used as a temporary residence or office on a construction
site for a period not to exceed one year.
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§ 212-160 Existing lots.
A. Other provisions of this chapter notwithstanding, nothing shall prohibit the use of a lot
of less than the required area for a single-family dwelling in any zone, when said lot at
the enactment of this chapter was owned or leased by persons other than those
owning or leasing any adjoining lot, provided that all other provisions of this chapter
are complied with.
B. The above notwithstanding, any lot that is deemed conforming to the prior Town of
Ulysses Zoning Ordinance, or was created prior to any local zoning law but now is
deemed nonconforming, shall not require the approval for an area variance by the
BZA should said lot meet all setback, front and rear yard requirements of this chapter.
§ 212-161 Open porches.
In determining the size of yards for the purpose of this chapter, porches or carports, open at
the sides but roofed shall be considered a building or part of a building.
§ 212-162 Fences and walls.
The provisions of this chapter shall not apply to fences or walls built or maintained in support
of agricultural operations, or not over six feet above the natural grade, nor to terraces, steps,
patios, unroofed porches or decks, or other similar features not over three feet above the
level of the natural grade, except for the restrictions set forth in § 212-163 below.
§ 212-163 Corner visibility.
In any zone, no structure, fence, sign or planting over three feet in height, measured from the
center of the adjacent road or highway, shall be maintained in any corner lot within a
triangular area formed by the lot lines along the street to a point on such lines a distance of
30 feet from their intersection, and a line connecting such points. Any fence or planting that
does not conform to the requirements of this section shall be made to conform within one
year from the date this chapter becomes effective.
§ 212-164 Projections in yards.
A. Every part of a required yard shall be open from its lowest point to the sky, except for
the ordinary projection of sills, belt courses, pilasters, leaders, chimneys, cornices,
eaves and ornamental features, provided that no such projection extends more than
two feet into any required yard.
B. Bays, including their cornices and eaves, may not extend more than two feet into any
required yard provided that the sum of such projections on any wall shall not exceed
1/3 the length of such wall.
C. An open fire balcony or fire escape may extend not more than four feet into any
required yard.
§ 212-165 Reduction of lot area.
Whenever a lot upon which stands a building is changed in size or shape so that the area and
yard requirements of this chapter are no longer complied with, such building shall not
thereafter be used until it is altered, reconstructed or relocated so as to comply with these
requirements. The provisions of this section do not apply when a portion of a lot is acquired
for public purpose.
§ 212-166 More than one building on lot.
A. When there is more than one principal building on a lot in any zone, the space
between such buildings shall be at least equal to the sum of the side yards required by
such buildings if built in the respective side yard of each other; or the sum of the rear
and front yards if built in the respective front or rear yard of each other.
B. In no case, however, shall either building encroach upon any required front, side or
rear yard setback areas of the lot.
§ 212-167 Accessory buildings and Accessory Dwelling Units
A. Except in the HC—Hamlet Center Zone, no accessory building or Accessory Dwelling Unit
may occupy more than 20% of any required yard setback and in no case shall exceed the
maximum height permitted in the zone. For lots abutting Cayuga Lake, a boathouse in
the front yard shall be a permitted accessory use.
B. For the purposes of this chapter, tractor trailers, shipping containers, PODS®, and similar
structures are not considered to be accessory buildings.
C. Accessory buildings 120 square feet or smaller may be located as close as 10 feet from
side and rear property lines, but may not occupy the required front yard space or
setback area.
D. Lots two acres in size and under shall be limited to two accessory buildings.
E. On lots two acres in size or less, no accessory building whether attached or detached
from the principal building shall occupy required front yard space or setback area.
§ 212-168 Abandoned cellar holes and destroyed or derelict buildings.
A. If excavation for a building has begun, but no structure built by the time one year has
elapsed, any such excavation shall be covered over or refilled to the normal grade by
the owner.
B. Any building substantially destroyed by any cause shall be rebuilt or demolished
within one year. For the purpose of this chapter, "substantially destroyed" shall mean
damage in excess of 50% of the replacement cost of the building in its entirety.
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C. Any excavation or cellar hole remaining after the demolition or destruction of a
building from any cause shall be covered over or filled by the owner within one year.
D. Fencing or similar safety measures shall be provided around excavations, derelict
buildings, damaged structures, construction sites and other hazardous sites,
immediately upon the determination by the Zoning Officer that such action is
necessary in the interest of public safety.
E. If a property owner fails to comply with any of the provisions of this section he or she
shall be subject to the penalties provided for in Article II, § 212-4.
§ 212-169 Abandoned wells.
Any abandoned well, cesspool, septic tank or other underground tank or chamber shall be
backfilled, covered or otherwise secured in a manner that precludes unauthorized or
accidental entry or entrapment.
§ 212-170 Discontinuance of junkyards, open storage, automobile sales lots.
A. Notwithstanding any of the provisions of this chapter, any motor vehicle or other
junkyard, including an open area for the outdoor storage of motor vehicles, used
building materials, scrap metal, plastic, paper, rags, glass, broken appliances such as
stoves, etc., refuse and other debris for any purpose in existence in any zone shall be
discontinued. The Board of Zoning Appeals, however, may grant a special permit for
the continuation of such use, pursuant to the provisions of Article III, § 212-18. Farm
operations within a county-adopted, state-certified agricultural district where such
materials are generated by or used in an ongoing agricultural operation are exempt
from this provision.
B. Any automobile sales lot or any billboard or nonconforming sign or advertising device
in existence in any A/R—Agricultural/Rural, R—Residential, RM—Multiple Residence,
or HC—Hamlet Center, or Hamlet Neighborhood at the enactment of this chapter shall
be discontinued within one year of enactment of this chapter, and shall not be
considered a legal nonconforming use.
C. No lot may contain one or more abandoned, partially dismantled or non-operative
motor vehicles in any open area. Farm operations within a county-adopted, state-
certified agricultural district where such materials are generated by or used in an
ongoing agricultural operation are exempt from this provision.
D. No lot may contain in any open area more than one unregistered automobile, truck or
other motor vehicle subject to registration with the New York State Department of
Motor Vehicles. Farm operations within a county-adopted, state-certified agricultural
district where such materials are generated by or used in an ongoing agricultural
operation are exempt from this provision.
§ 212-171 Power generation facilities or structures.
Requires a special permit from the Planning Board.
§ 212-172 Singlewide manufactured homes.
Singlewide manufactured homes are permitted only in the MHP Zone.
§ 212-173 Natural gas and/or petroleum exploration, extraction, support activities and
production wastes.
A. The provisions of this section are in further clarification of § 212-2, of this chapter,
which provides in part: "Any use not specifically set forth as a permitted use in any
zone shall be expressly prohibited in that zone. A use specifically set forth as a
permitted use in one zone shall not be permitted in another zone unless it is
specifically set forth as a permitted use in said zone."
B. The following uses are not permitted in any zone:
(1) Natural gas and/or petroleum exploration.
(2) Natural gas and/or petroleum extraction.
(3) Natural gas and/or petroleum support activities.
(4) The transfer, storage, treatment, or disposal of natural gas and/or petroleum
exploration or production wastes, or the application of such wastes to land or
roadways;
(5) Erection of any derrick, building or other structure or placement of any
machinery or equipment for the purposes outlined in § 212-173B (1), (2), (3) or
(4) above;
C. No permit issued by any state or federal agency, commission or board to any person,
firm or corporation, which would violate the prohibitions of this section, shall be
deemed valid within the Town of Ulysses.
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SECTION 4. SEVERABILITY. If any part or provision of this Local Law or the application thereof
to any person or circumstance be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part or provision or application
directly involved in the controversy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this Local Law or the application
thereof to other persons or circumstances.
SECTION 5. EFFECTIVE DATE. This Local Law shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with section 27 of the Municipal
Home Rule Law.