HomeMy WebLinkAboutLocal Law 1 of 2019 to Amend Local Law 3 of 2007 - Planned Development Zone 19 White Hawk Ecovillage 1
LOCAL LAW NO. 1 OF 2019. A LOCAL LAW AMENDING THE ZONING ORDINANCE OF
THE TOWN OF DANBY AMENDING LOCAL LAW NO. 3 OF 2007, PLANNED
DEVELOPMENT ZONE 19, FOR ''WHITE HAWK ECOVILLAGE"
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. Findings.
1. The Town Board finds that the White Hawk Ecovillage is in accordance with the Comprehensive
Plan objectives of encouraging development in and near the Central Danby Hamlet.
Section 2. Repealer.
1. Town of Danby Local Law No. 3 of 2007 (“A Local Law Amending the Zoning Ordinance of
the Town of Danby to Establish Planned Development Zone 19, for “White Hawk Ecovillage”)
is hereby replaced, repealed, superseded and of no further force and effect.
Section 3. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Danby as re-
enacted and re-adopted by the Town Board on December 11, 1991, and subsequently amended, is further
amended as follows:
A. Town of Danby Planned Development Zone 19 shall be comprised of all of those lands known as
Schedule A, located on 120.21 acres on the west side of Danby Road between Gunderman and
West Miller Roads, along with the lands that adjoin the frontage of these parcels extending to the
centerline of New York State Route 96B.
B. The White Hawk Ecovillage Planned Development Zone enables and guides development of a
clustered mixed-use community which allows construction of 30 dwelling units and accessory
uses along with a maximum of 15,000 gross square feet of non-residential uses and a maximum
5,000 square foot community center.
C. Principal Uses Permitted in Planned Development Zone 19. No building shall be erected or
extended and no land or building shall be used for other than any of the following purposes:
1. Single-family or two-family dwelling provided that each dwelling unit is occupied in
accordance with New York Codes, Rules and Regulations, Section 1727-2.8..
2. Family day care home.
3. Community center, also known as 'common house', which may house recreation,
meeting, and dining space, guest rooms, children's playrooms, kitchen facilities, common
laundry facilities, and other permitted accessory uses; and other community space
compatible with the purpose of being an extension of the dwellings provided, however,
that the community center shall be used primarily by the residents within the Planned
Development Zone.
4. The keeping of domestic animals or fowl in accessory buildings, provided that no such
building shall be located within 50 feet of any dwelling; and provided that there shall be
no raising of fur-bearing animals, or kennels for more than three dogs over six months
old.
5. Any municipal, public, or private utility purpose necessary to the maintenance of utility
services.
D. Permitted Accessory Uses.
1. Garage or carport.
2. Off-street vehicle parking, including electric vehicle charging stations.
2
3. Professional office, subject to the following provisions:
a. It shall have no external evidence on the site except a sign denominating the
occupation not over ten square feet in area. Any such sign shall be nonflashing
and if illuminated, shall be shielded as much as practicable from adjoining
residences;
b. It shall not employ more than two additional people who are non-residents;
c. It may not entail the outdoor storage or display of materials, equipment, or other
items of commerce; nor the uncovered parking of more than one commercial
vehicle;
d. It shall produce no offensive noise, vibration, smoke, dust, odor, heat, glare or
electronic disturbance beyond the property it occupies;
e. It shall not generate traffic in any greater volume than would normally be
expected in a residential neighborhood.
4. Private swimming pool, tennis courts, and other similar recreational facilities for the
principal private use of the residents of the Planned Development Zone.
5. Accessory structures such as dog houses, storage, tool, garden, or utility sheds, and other
structures demonstrably ancillary and related to the residential uses of the Planned
Development Zone.
6. Customary agricultural uses and structures, including barns, silos, livestock enclosures,
and storage buildings, provided, however, that no storage of manure or any permanent
use of land or buildings producing offensive odor or dust shall be located within 100 feet
of any property line, dwelling, or community center.
7. A roadside stand or other structure for the display and sale of farm or nursery products
incidental to farming, not exceeding 200 square feet in area. Any such structure shall be
located a minimum of 15 feet from any street right-of-way boundary if located adjacent
to Danby Road or if located adjacent to a private road within the Planned Development
Zone. Any such structure shall also be located in a manner as to permit safe access by
vehicles.
8. Small Wind Energy Conversion Device.
E. Uses Permitted by Site Plan approval.
1. Neighborhood Retail, limited to 5,000 square feet per establishment.
2. Public or private schools, libraries, parks, and playgrounds.
3. Nursery schools, group family day care homes, and day care centers.
4. Tourist homes, bed and breakfast facilities.
5. Restaurant or tavern, which must conform to the following standards, which are
minimum requirements for approval:
a. Restaurants and taverns are limited to 3,000 square feet per establishment.
b. Bakery floor area used for production is limited to 1,000 square feet per
establishment.
c. Outdoor dining must not interfere with ingress and egress points, including
building entrances, parking spaces, and drive aisles.
d. Ventilation systems may not be installed on any front facade unless the Applicant
can prove that no other feasible alternative is available. To the maximum extent
practicable, ventilation systems must be directed away from adjacent residential
properties.
3
e. Drive-through facilities are not permitted.
f. Formula fast food facilities are not permitted.
g. Ancillary live entertainment is not permitted.
6. A roadside stand or other structure for the display and sale of farm or nursery products
incidental to farming, not exceeding 400 square feet in area. Any such structure shall be
located a minimum of 15 feet from any street right-of-way boundary if located adjacent
to Danby Road or if located adjacent to a private road within the Planned Development
Zone. Any such structure shall also be located in a manner as to permit safe access by
vehicles.
F. Yards. The minimum distance between buildings shall be in compliance with the New York
State Uniform Fire Prevention and Building Code.
G. Height. No building shall exceed thirty-six feet in height from lowest exterior grade or 40 feet
in height from lowest interior grade. No structure shall exceed thirty-six feet in height. This
height limitation shall not apply to silos, barns, or other structures used in connection with
generally recognized agricultural operations. No such structures, however, shall exceed one
hundred feet in height, or be located less than one hundred feet from any property line.
H. Signs. Signs are as permitted and as regulated in the Zoning Ordinance for High Density
Residential Zones.
I. Parking.
1. No loading berth may be located on a front facade.
2. Any parking lot larger than 9 (nine) spaces the parking lot must be screened by a
vegetated buffer.
J. Site Plan Approval.
1. No building permit shall be issued for a building or structure within Planned
Development Zone 19 unless the proposed building is in accordance with a site plan
approved pursuant to the provisions of the Town of Danby Zoning Ordinance.
2. Modification of Final Site Plan. Any change in the Site Plan as finally approved by the
Planning Board shall not be made until an application for a revised Site Plan is provided
to and approved by the Planning Board, unless the modifications are exempted from this
requirement pursuant to the provisions for Modifications to Site Plans as provided in the
Zoning Ordinance of the Town of Danby, with the exception that within Planned
Development Zone 19, if the modification involves:
a. a movement or shift of a location of one or more buildings not more than 2 feet
in any direction from the location shown on the final site plan; and
b. such shift does not alter proposed traffic flows or access; and
c. such shift does not directly violate any express conditions (including, without
limitation, buffer zones, setbacks, etc.) imposed by the Planning Board in
granting prior Site Plan approval.
K. Ingress and Egress.
1. No building permits shall be issued for construction of any structures within the Planned
Development Zone unless the following exist at the time of the issuance of such permit to
assure adequate ingress and egress to the property:
a. An access road from Danby Road is legally available to all current and potential
4
future residents, constructed, and maintained to the extent of providing, in the
opinion of the Town's Consulting Engineer and the Town Highway
Superintendent, a usable, serviceable roadway for ingress and egress of
residential, emergency, and service vehicles, to all dwellings and community
buildings in the Planned Development Zone as shown on the final site plan.
b. Suitable provisions to assure continuing legal access and continuing maintenance
of the road to a standard which will allow unimpeded passage of such vehicles at
all times and in all seasons.
c. A sign posted at the intersection of the access road and Danby Road indicating
that the road is not a Town road.
L. Infrastructure.
1. No building permits shall be issued for construction of any structures accessed by a
private road within Planned Development Zone 19 unless the following exist at the time
of the issuance of such permit:
a. The private roads have been constructed and are maintained so as to provide, in
the opinions of both the Town Engineer and Town Highway Superintendent, a
usable, serviceable roadway for unimpeded ingress and egress of residential,
emergency and service vehicles. The final paving of said roads will not be a
requirement of this Subsection O(1)(a).
b. Suitable provisions, as determined by the Town Engineer and Town Highway
Superintendent, exist to assure continuing access and continuing maintenance of
said private roads to a standard that will allow unimpeded passage of emergency
vehicles at all times and in all seasons.
c. Signs are posted at the intersections of the private roads with public roads
indicating that the private roads are not Town roads.
d. All stormwater management facilities that serve the overall development or the
section of the development within which a permit is being requested are
constructed pursuant to the approved stormwater management plan, except any
facility that is an integral part of a building lot (including, but not limited to,
swales or other facilities to be built within building lots) will be constructed after
issuance of a building permit for said building and must be functional prior to
issuance of a certificate of occupancy for the building.
2. Dedication of Road to the Town of Danby. The road or roads may be offered for
dedication to the Town of Danby provided that the road or roads are constructed or
reconstructed to Town specifications as in effect at the time of said proposed dedication
except that, at the option of the Town, the Town may waive certain requirements related
to paving, surface treatment, or roadway and shoulder dimension improvements provided
that if the Town decides that such improvements are necessary, then the cost of such
improvements shall be recouped within a reasonable period of time, satisfactory to the
Town, from the owners or lessees of land in the Planned Development Zone and any
other users of the land. Said arrangements may, at the option of the Town, include letters
of credit, bonds, deposits of funds, and/or personal guarantees of the owner and/or
residents of the Planned Development Zone, or may include the establishment of a
Special Benefit District. Nothing in this provision is intended to compel the Town to
accept such dedication.
5
Section 4. Definitions.
DRIVE-THROUGH FACILITY – A facility that dispenses goods through an attendant window or
automated machine to persons remaining in vehicles in a designated drive aisle.
NEIGHBORHOOD RETAIL – A business that provides goods or services directly to the consumer, and
where such goods or services are available for immediate purchase on the premises by the purchaser.
PROFESSIONAL OFFICE – Establishment for the processing, manipulation, or application of business
information or professional expertise, and which may or may not offer services to the public. An 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 do not
include government offices providing professional, administrative, clerical, or information processing
services.
RESTAURANT – Any premises where food and/or beverages are commercially sold for on-premises
consumption to patrons seated at tables or counters and where table service is provided. Any facility
without table service or providing parking lot service to cars where the food is to be eaten outside of the
structure and/or off the premises shall not be considered a "restaurant" for the purposes of this chapter and
shall be deemed to be a "drive-through facility."
SMALL WIND ENERGY CONVERSION DEVICE – A WECD which has a rated capacity of not
more than 10 kW, is not more than 65 feet in total height from the ground surface to the maximum height
of any component of the system, and is intended to primarily reduce on-site consumption of utility power.
Section 5. Invalidity. If any provision of this local law is found invalid by any court of competent
jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in
full force and effect.
Section 6. Effective Date. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of the State of New
York, whichever is later.
SCHEDULE A
Metes and Bounds
ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Danby, County of Tompkins and
State of New York, bounded and described as follows:
BEGINNING at a point marked by an iron pin in the west line of Danby Road (New York State Route
96B), which point is located North 79 degrees 41 minutes 43 seconds West a distance of 35.20 feet from a
point in the centerline of Danby Road, which centerline point is located northerly along the centerline of
Danby Road a distance of 1,345.5 feet, more or less, from the intersection of the centerline of Danby
Road with the (extended) centerline of Gunderman Road;
thence North 79 degrees 41 minutes 43 seconds West a distance of 190.00 feet to a point marked by an
iron pin;
6
thence South 08 degrees 00 minutes 04 seconds East a distance of 300.01 feet to a point marked by an
iron pipe;
thence North 79 degrees 30 minutes 11 seconds West a distance of 3,966.70 feet to a point marked by an
iron pin;
thence North 10 degrees 32 minutes 27 seconds East a distance of 673.95 feet to a point marked by an
iron pin;
thence North 09 degrees 21 minutes 43 seconds East a distance of 221.33 feet to a point;
thence South 79 degrees 46 minutes 40 seconds East, passing through a point marked by an axle at 7.3
feet, a total distance of 534.48 feet to a point marked by an iron pin;
thence North 03 degrees 47 minutes 22 seconds East a distance of 393.73 feet to a point marked by an
iron pipe;
thence North 76 degrees 17 minutes 44 seconds East, and passing through an iron pin at 259.47 feet, a
total distance of 415.28 feet to a point marked by an iron pin;
thence South 80 degrees 18 minutes 45 seconds East, and passing through an iron pipe at 61.00 feet, and
an iron pin at 1,007.54 feet, a total distance of 2,147.33 feet to a point marked by an iron pin;
thence North 88 degrees 27 minutes 43 seconds East a distance of 617.80 feet to a point marked by an
iron pin in the west line of Danby Road;
thence South 08 degrees 01 minutes 51 seconds East along the west line of Danby Road a distance of
329.87 feet to a point;
thence North 81 degrees 28 minutes 36 seconds West, passing through a point marked by the remains of a
concrete monument at 10.0 feet, a total distance of 242.71 feet to a point located 0.4 feet northerly of an
old fence post;
thence North 78 degrees 01 minutes 34 seconds West a distance of 186.00 feet to a point marked by an
iron pin;
thence South 09 degrees 31 minutes 12 seconds East a distance of 413.18 feet to a point marked by an
iron pin;
thence South 79 degrees 15 minutes 34 seconds East, passing through a point marked by an iron pin at
417.68 feet, a total distance of 418.98 feet to a point in the west line of Danby Road;
thence South 08 degrees 01 minutes 51 seconds East along the west line of Danby Road a distance of
316.55 feet to a point marked by an iron pin;
thence South 84 degrees 55 minutes 14 seconds West a distance of 134.79 feet to a point marked by an
iron pin;
thence South 03 degrees 34 minutes 48 seconds East, passing through a point marked by an iron pin at
5.00 feet, a total distance of 165.00 feet to a point marked by an iron pin;
thence North 84 degrees 55 minutes 14 seconds East a distance of 147.61 feet to a point marked by an
iron pin in the west line Danby Road;
7
thence South 08 degrees 01 minutes 51 seconds East along the west line of Danby Road a distance of
184.32 feet to the point or place of beginning, containing 120.476 acres of land to the highway line.
The above-described premises are improved by one or two-family residential dwellings commonly known
as 2, 5, 6, 7, 8, 9, 10, 11, 12 & 13 White Hawk Lane, Ithaca, New York 14850 and on 2018 tax rolls are
designated as Town of Danby tax parcel numbers 7-1-68 and 7.1-1-1 through-32.