The URL can be used to link to this page

Home My WebLink AboutI - 10 PB Review, Recommendation & Resolution 1 Cortland County Planning Department ROBERT CORPORA 60 Central Ave  Cortland, New York 13045-2838 County Administrator Telephone: (607) 753-5043 email:rcorpora@cortland-co.org General Municipal Law (GML) Report ______________________________________________________________________________________ TO: Cortland County Planning Board January 25, 2023 FROM: Cortland County Planning Department RE: Town of Cortlandville Zoning Text Amendment – Chapter 178-76 Zoning Conditional Additional Specific Requirements ______________________________________________________________________________________ Applicant: Town of Cortlandville 3577 Terrace Road Cortland, NY 13045 ______________________________________________________________________________________ SYNOPSIS - Zoning Text Amendment review for the purpose of updating the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads. This zoning text amendment is being referred to the Cortland County Planning Board because the amendment impacts property throughout the Town of Cortlandville. ______________________________________________________________________________________ ANALYSIS - The Town of Cortlandville is amending the Code of the Town of Cortlandville Article XIV Conditional Permit, Section 178-76 “Additional specific requirements”. Section 178 of the Code of the Town of Cortlandville, hereby the Code, covers Conditional Permit regulations. Subsection 76 outlines “Additional specific requirements”. The Code currently reads: § 178-76 Additional specific requirements. A. Residential. (1) Multifamily dwellings with over four dwelling units must have two means of egress and ingress. One may be for emergency use only. The text amendment would alter this section to read: § 178-76 Additional specific requirements. A. Residential. (2) Multifamily dwellings with over four dwelling units must have two means of egress and ingress, unless, at the approval of the Cortlandville Code Officer and Cortlandville Board of Fire Commissioners, the building is equipped with the proper fire prevention equipment pursuant to the New York State Fire Code Appendix D Fire Apparatus Access Roads D105.1. 2 Section D105.1 of New York State Fire Code Appendix D Fire Apparatus Access Roads states that “Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet, approved aerial fire access roads shall be provided… Exception: Where approved by the fire code official, buildings of Type IA, Type IB, or Type IIA Construction, equipped throughout with an automatic sprinkler system in accordance to Section 903.3.1.1; and have fire fighter access through an enclosed stairway with a Class I Standpipe, in conformance with NFPA 14, from the lowest level of fire department vehicle access to all roof surfaces.” Finally, the proposed zoning text amendment is considered a Type I Action under SEQR as it would change the allowable uses in zoning districts affecting more than 25 acres. The Town should therefore complete a Full Environmental Assessment Form to determine if this proposal would result in any significant adverse environmental impacts ______________________________________________________________________________________ RECOMMENDATION - The staff recommends denial of this application for zoning text amendment to update the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads as the staff recommends that the Town of Cortlandville consider how this specific text amendment relating specifically to fire code will affect with the Town of Cortlandville Zoning Code. Prepared by: _______________ Cortland County Planning Staff ON THE MOTION OF Chuck Feiszli RESOLUTION NO. 23-05 Laurie Comfort GML : Town of Cortlandville Zoning Text Amendment – Chapter Section 178-76 Zoning Conditional Additional Specific Requirements WHEREAS, on January 25, 2023 the Code Enforcement Officer, Town of Cortlandville pursuant to General Municipal Law 239 M submitted an application for the purpose of updating the Town of Cortlandville’s zoning code Conditional Permit requirements in conformity with Appendix D Fire Apparatus Access Roads as it pertains to the Town of Cortlandville. WHEREAS, the Cortland County Planning Department has reviewed this request and submitted a written report dated January 25, 2023, which is on file, AND WHEREAS, the Cortland County Planning Board, on February 15, 2023, held a regular meeting with a quorum and did consider this request, AND WHEREAS, the Cortland County Planning Board did thoroughly consider the material submitted by the petitioner, Department comments, and all other relevant reports on file, NOW THEREFORE BE IT RESOLVED, the staff recommends denial of this application for zoning text amendment to update the Town of Cortlandville’s zoning code conditional permit requirements in conformity with Appendix D Fire Apparatus Access Roads as the staff recommends that the Town of Cortlandville consider how this specific text amendment relating specifically to fire code will affect with the Town of Cortlandville Zoning Code. BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that a supermajority vote is to be attained by the Town in order to approve this application unless every contingency documented in this resolution is followed, AND BE IT FURTHER RESOLVED, that the Board reminds the Town of Cortlandville the requirements of General Municipal Law Section 239 M that the Town is to file a report of final action with the Planning Department within thirty days after final action, AND BE IT FURTHER RESOLVED, that the Planning Department is hereby authorized to convey this action to the Code Enforcement Officer, Town of Cortlandville _______________________________ Laurie Comfort, Secretary Cortland County Planning Board February 15, 2023 Ayes: Nays: