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Home My WebLink AboutLL #1 2016 (Subdivision/Land Division)Town of Danby   Local Law No. 1 of 2016  A Local Law Amending the Subdivision and Land Division Regulations of the Town of Danby Related to the Classification of Land Divisions  Adopted by Danby Town Board on 18-July-2016 Be it enacted by the Town Board of the Town of Danby as follows: Section 1. The “Subdivision and Land Division Regulations of the Town of Danby, New York”, as amended through February 8, 2010, are hereby further amended as described in this local law. Section 2. Article I, Section 100 -- Authorization  Amend second paragraph: The power to approve, approve with conditions, or deny subdivision plat applications is vested in the Planning Board as provided by these regulations. Land Annexations are not subject to Subdivision Review, as deﬁned herein, but rather are subject to a more limited land division review process, as set forth in these regulations. The Code Enforcement Offi- cer shall be responsible for enforcement of the regulations related to Land Annexations. Article II, Section 201 -- Classiﬁcation of Land Divisions  Amend A, B, and C: A.LAND ANNEXATION – The transfer of title of land from its owner to an abutting owner, for consolidation with an abutting lot (sometimes referred to as a “lot line ad- justment”), provided that in such transfer: 1.The remainder of the parcel from which the transfer is made meets appropriate zoning requirements; and 2.No extension or improvement of an existing, or creation of a new public road or public water or sewer utility is involved; and 3.If a land annexation purports to transfer more than ½ acre, it may be referred to the Planning Board for subdivision classification; and 4.If any discretionary review is required, including environmental quality review, the matter shall be referred to the Planning Board for subdivision classification and review. B.MINOR SUBDIVISION – A division of land in which all criteria are met for one of the following options: 1.Option #1 – A large-lot minor subdivision is permitted, provided the following criteria are met: a.Both lots resulting from the minor subdivision are (8) acres or more, each with frontage on a public road maintained year-round; b.Both lots resulting from the minor subdivision meet all other pertinent zon- ing requirements; and c.No extension or improvement of an existing, or creation of a new public road, significant public utility infrastructure, significant stormwater im- provements, or extension of public benefit districts is involved. d.Compliance with the Stormwater Local Law, if applicable, has been demonstrated, including, but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the design, planning, installation, construction, maintenance, and improvement of temporary and permanent Stormwater Management Practices, as each and all of such capitalized terms are defined within such Stormwater Local Law; and e.The subdivision results in no more than two lots, including the parcel being divided. 2.Option #2 – A small-lot minor subdivision is permitted, where the division results in a lot or lots of less than 8 acres, provided that the following criteria are met: a.No other division(s) or subdivision(s) involving the parcel being divided ex- cept for Land Annexation have taken place within the previous three (3) consecutive years; b.The subdivision results in no more than two lots, including the parcel being divided; c.Both lots resulting from the subdivision have frontage on a public road maintained year-round; TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 1 6 d.Both lots resulting from the subdivision meet all other pertinent zoning re- quirements; and e.No extension or improvement of an existing, or creation of a new public road, significant public utility infrastructure, or significant stormwater im- provements, or extension of public benefit districts is involved. f.Compliance with the Stormwater Local Law, if applicable, has been demonstrated, including, but not limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the design, planning, installation, construction, maintenance, and improvement of temporary and permanent Stormwater Management Practices, as each and all of such capitalized terms are used within such Stormwater Local Law. g.The subdivision results in no more than two lots, including the parcel being divided. C.STANDARD SUBDIVISION 1.Any division of land resulting in three or more lots, of any size, at one time, which such division of land is and remains at all times subject to the require- ments and terms of the Stormwater Local Law, if and as applicable. 2.Any Minor Subdivision that does not meet the standards of Article II, Section 201 (B). Section 202 -- Applicability of Subdivision Review  Amend I and II; rescind II, Part C. I.Subdivision Review, as the term is used herein, is intended to refer to the review process set forth in Sections 206 through 211 of these regulations, the basis and legislative au- thority for which are found in Town Law Sections 276 through 279. II.The following general provisions apply to various classes of land division: A.Land Annexations are exempt from Subdivision Review by the Town. However, prior to finalizing any such Land Annexation, the land owner(s) wishing to undertake a Land Annexation must receive written confirmation from the Planning Administrator that the proposed Land Annexation complies with the requirements of these regula- tions. In issuing this written confirmation the Planning Administrator may request such documentation, including a plat map prepared by a licensed engineer or licensed land surveyor, as is necessary to confirm compliance with these regulations. B.Minor Subdivisions require application to and approval by the Planning Board pur- suant to the Subdivision Review process set forth in New York State Town Law 276 through 279. 1.The Planning Board may determine that a Minor Subdivision, due to particular environmental, topographic, engineering, or other unique circumstances should be reviewed by the criteria of a Standard Subdivision. In that event, the pro- posed subdivision shall be subject to the requirements and standards of a Standard Subdivision as detailed in Sections 207-211, but shall remain a Minor Subdivision for the determination of subdivision fees. 2.The Planning Board reserves the right to amend its classification if planning, environmental, engineering or other new data warrants the re-review of the project. C.Standard Subdivisions require application to and approval by the Planning Board pursuant to the Subdivision Review process set forth in New York State Town Law 276 through 279. The extension or improvement of an existing, or the creation of a new public road, public utility or other public facility or area requires approval by the Town Board. ! Section 206 -- Minor Subdivisions – Overview of Minor Subdivision Review  Rescind sections II – V I.Minor Subdivisions shall be processed in the following steps: A.Meeting with the Planning Administrator. B.Public Notification. Sign(s) shall be posted in accordance with Section 211 of these regulations. C.Application for Final Plat approval. D.Planning Board review of Final Plat. E.Notice of Public Hearing on Final Plat and Notification of Neighboring Property Own- ers. F.Public Hearing for consideration of action on Final Plat. G.Planning Board action on Final Plat. ! TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 2 6 Section 211 -- Public Notice Requirements  for Minor and Standard Subdivisions Add new section 214:  Section 214 -- Land Annexation – Procedure I.Application. The application for a Land Annexation shall be submitted to the Planning Administrator for review. The application shall include a Sketch Plan conforming to the requirements of Article VI, and a Development Review application on form(s) available from the Town Clerk. II.The Land Annexation Final Plat shall be submitted to the Planning Administrator, who, upon finding the Land Annexation Final Plat to be in conformance with these regulations and the applicable zoning requirements as set forth in the Town of Danby Zoning Ordi- nance, shall so certify the Land Division Final Plat. The certified Land Division Final Plat shall be filed by the applicant in the offices of the Town of Danby Clerk with proof of filing of same with the Tompkins County Clerk within six (6) months after the date certified. If the Land Division Final Plat is not filed within the six-month period, the Land Division shall expire. III.If the land division does not meet the requirements of a Land Annexation, then the Plan- ning Administrator shall classify the division as a Subdivision and shall direct the appli- cant to file an application for consideration by the Planning Board. ! ARTICLE VI,  Submission Requirements for Minor Subdivisions Section 600 -- Overview I.This Article describes the applicability, purpose, elements, and specifications of Final Plats for all Minor Subdivisions. Section 601 -- Final Plat Review for Minor Subdivisions  Rescind and replace: ! I.APPLICABILITY AND PURPOSE Final Plat Review requirements set forth in this Section shall apply to all Minor Subdivisions. The Final Plat shall supply the detailed documentation on which final permitting decisions are based. The Final Plat shall, upon final approval, be filed with the Tompkins County Clerk and with the Town Clerk. II.SUBMISSION REQUIREMENTS A. The subdivider shall submit to the Planning Administrator: 1.Ten copies of a Final Plat of the proposed subdivision, as detailed in Subsection B. 2.A completed SEQR short or long Environmental Assessment Form, as directed by the Planning Administrator or Planning Board in accordance with Part 617 of the Environmental Conservation Law. 3.Two true copies of all required deeds and easements, if applicable. 4.A completed Development Review application. 5.Initial Application Fee as set by resolution of the Town Board from time to time, payable to the Town of Danby. 6.Final Plat Fee per lot as set by resolution of the Town Board from time to time, payable to the Town of Danby. 7.Any other supporting information requested by the Planning Board. B. The Final Plat is made up of the following: 1.Site Map. a.SPECIFIC PURPOSE: To show the location of the proposed land division within its neighborhood context. b.SPECIFIC ELEMENTS: The location map scale shall not be less than 1”= 2,000 feet and include all streets and lands within at least 5,000 feet of the proposed subdivision. 2.Final Plat. The final plat shall be prepared by a licensed engineer or licensed land surveyor and contain the following information: a.The boundary lines of the proposed lots, giving complete descriptive data by bearings and distances, made, certified, and marked with monuments by a licensed land surveyor. Acreage shall be shown for each lot. TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 3 6 b.Title of the subdivision, including the name and address of the subdivider, the owner of the parcel to be divided, and engineer or licensed land sur- veyor, including license number, seal and signature. c.Location and boundaries of the affected tax parcel showing roads, zoning classification, and tax map numbers of the parcels to be divided, N.Y. State Agricultural Districts, adjacent property boundaries and the owners of all contiguous properties, twenty-foot (20’) contours, surface waters such as streams and ponds, and other appropriate orientation information on the parcel and within 1,000 feet of its boundaries. d.Locations and dimensions of proposed lot lines; total acreage of the subdi- vision, including number of lots; yard widths, depths, setback lines, and acreage or square footage of every lot; and, Construction Envelopes, which are the general sites for buildings, wastewater treatment systems, and re- lated land disturbance. e.All existing restrictions on the use of land, including easements and covenants. f.North arrow, scale (which shall be no less than 1”=100 feet), date of revi- sion. g.Dimensions, bearings and angles of all property lines and boundaries. h.The owners of all contiguous property and the names of adjoining devel- opments, if applicable. i.The zoning classification and tax map number of the property to be subdi- vided. j.The location of all existing and proposed wells and on-site wastewater treatment systems. k.All motorized and non-motorized thoroughfares, planned, mapped, or built, adjacent to the tract and the right(s)-of-way width thereof. l.If applicable, the location and required setbacks from waterbodies, Aquifer High Vulnerability (AHV) Overlay Zones, and the 100-year floodplain, sur- veyed and delineated by a licensed engineer or land surveyor. m.Wetlands including those shown on the New York State Freshwater Wet- lands Maps, and those shown on the National Wetlands Inventory. All fed- eral wetlands delineations must be approved by the Army Corps of Engi- neers, and all New York State wetland delineations must be approved by the New York State Department of Environmental Conservation. n.Locations, sizes, dimension, capacities, and functions of all temporary or permanent Stormwater Management Practices as required by and under the Stormwater Local Law. o.All existing wooded areas, watercourses, slopes of 15% or greater, critical environmental areas, and other signiﬁcant physical features within the area to be subdivided and within 200 feet of the proposed subdivision’s bound- aries. p.All existing restrictions on the use of land, including easements and covenants. q.Reference on the plat to any separate instruments, including restrictive covenants, which directly affect the tract. r.Minimum yard depths or setback lines, dimensioned. s.The location of all existing or proposed public facilities or areas. t.The location or description of all rights of way, municipal boundaries, spe- cial district boundaries, N.Y. State Agricultural Districts, zoning districts, and similar features. u.Any other information as required by the Planning Board. C.Review by the Planning Administrator The Planning Administrator will review the Final Plat and assure that all submissions re- quirements have been met. After this review, the Planning Administrator will place the Final Plat review on the next available Planning Board and Conservation Advisory Council agen- das. D.Review by Town staff. The Planning Administrator and interested representatives will review the Final Plat for compliance with Town regulations, and adherence to sound planning, building, and engi- neering practices. They shall forward their comments to the Planning Board prior to review. E.Planning Board review and recommendation. 1.If the proposed subdivision does not meet the minimum standards and re- quirements of the Town of Danby Zoning Ordinance, the subdivider must either revise the proposal to bring it into compliance, or make application to the Board of Zoning Appeals for a variance in accordance with the provisions of §1104 of the Zoning Ordinance. In reviewing such application, the Board of Zoning Ap- TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 4 6 peals shall request the Planning Board to provide a written recommendation concerning the proposed variance. The proposed subdivision must be in com- pliance with all requirements of the Town of Danby Zoning Ordinance before the Final Plat may receive approval. 2.The Planning Board may, because of unique environmental or topographic conditions, appoint a Town-designated engineer to review and inspect any mi- nor subdivision. F.Waiver of submission requirements. The Planning Board may waive, upon the request of the applicant, any of the above submission requirements if the Planning Board determines that such requirement is not necessary or appropriate for review of the subdivision. G.Referrals. 1.Review by Tompkins County Planning Department. a.In accordance with § 239-n of the General Municipal Law, if any subdivision is within 500 feet of a Town boundary; the boundary of any existing or pro- posed county or state park or other recreation area; the right-of-way of any existing or proposed county or state parkway, street or highway; the exist- ing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; the exist- ing or proposed boundary of any county- or state-owned land on which a public building or institution is situated; or a county adopted Agricultural District, the Planning Administrator shall refer such application to the Tompkins County Planning Department for review and report. b.Within 30 days of receipt of such notification, the Tompkins County Plan- ning Department shall report to the Town on its approval or disapproval, or on its approval subject to stated conditions, of the proposed subdivision plat. If the county planning agency disapproves, or recommends modifica- tion of such a proposed subdivision plat, the Planning Board shall not in approving the final plat, act contrary to such disapproval or recommenda- tion or modification except by a vote of a majority plus one of all the mem- bers thereof and after the adoption of a resolution fully setting forth the rea- sons for such contrary action. 2.Access to county highways. The subdivider shall obtain written permission from the Director of the Tompkins County Highway Division when new ingress or egress onto a county highway is necessary. 3.Access to state highways. The subdivider shall obtain written permission from the New York State Department of Transportation when a new ingress or egress onto a state highway is necessary prior to issuance of a building permit. H.Hearing and notices. 1.The Planning Administrator will review the final plat to determine if it meets the submission requirements as set forth in these regulations. Once all the submis- sion requirements are met, the Planning Administrator shall schedule a public hearing on the final plat before the Planning Board. 2.The Planning Board shall hold a public hearing on the final plat within 62 days from the date a complete application is received by the Planning Administrator. Notice of such hearing shall be published in the official newspaper of the Town of Danby at least 10 days prior to the date of the hearing. 3.All plans and supporting documentation shall be on file with the Planning Ad- ministrator a minimum of 15 days prior to an advertised public hearing before the Planning Board. 4.The publication and mailing of such notice of public hearing shall be the re- sponsibility of the Planning Administrator. I.Planning Board review and decision. 1.Once the Planning Board has granted final approval the subdivider shall file the plat with the Tompkins County Clerk within six (6) months. If the signed Final Plat is not filed with the County Clerk within six months, approval will expire. a.Every copy of the final plat submitted for signature shall carry the following endorsement: “Approved by Resolution of the Planning Board of the Town of Danby, New York, on the ______ day of ____________, 20____, subject to all requirements and conditions of said Resolution. Any change, erasure, modiﬁcation or revision of this plat, as ap- proved, shall void this approval. Signed this __________ day of ____________, 20____ by Chairperson ________________.” ! TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 5 6 !!! APPENDIX A – DEFINITIONS EITHER NOT PREVIOUSLY DEFINED, OR NEW DEFINITIONS: LAND ANNEXATION – The transfer of title of land from its owner to an abutting owner, for consolidation with an abutting lot. LAND DIVISION – The division of any parcel of land into two or more lots, plots, parcels, sites or other divisions of land for immediate or future use, sale, or transfer, including the creation of, and all changes in, highway and lot lines, whether or not new building or devel- opment is to occur. This term includes the following classiﬁcations: Land Annexation, Mi- nor Subdivision, and Standard Subdivision. Each of these land division classiﬁcations is deﬁned in greater detail in Article II of these regulations. LOT LINE ADJUSTMENT – See ‘Land Annexation.’ MINOR SUBDIVISION – Any division of land of any size at one time, resulting in a maxi- mum of two lots. PLANNING ADMINISTRATOR – The Planning Administrator performs professional, admin- istrative, management, and technical work, in support of the Planning Board. This includes all aspects of land use planning including zoning, site plan, subdivision, and growth man- agement as delineated by state statutes, local bylaws, and rules and regulations. SKETCH PLAN – A sketch of the proposed Subdivision showing the proposed general lay- out of streets, lots, or other features that may be submitted to the appropriate Board or Planning Administrator by the Subdivider for informal discussion and review, and on which the Preliminary and Final Plats will be based. STANDARD SUBDIVISION – Any division of land resulting in three or more lots, of any size, at one time. Also referred to herein as simply a “Subdivision.” This term includes re- subdivision and, when appropriate to the context, shall relate either to the process of sub- dividing or to the land subdivided. Section 3. Partial Invalidity. If any provision of this local law is found to be invalid by a court of compe- tent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 4: Effective Date This local law shall take effect on the date it is filed in the Office of the Secretary of State of the State of New York. TownBoard_LL #1 of 2016; Subdivision and Land Division Amendments • Monday, July 25, 2016 Page ! of ! 6 6