The intent of this Article V is to protect the public health, safety and general welfare in the Town of Lansing, promote the other purposes of this chapter as set forth in § 270-2, and promote the goals and objectives of the Comprehensive Plan. Items already covered by existing federal, state and local laws are not included below. This article intends to:
A.
Establish general standards designed to regulate performance and
operation of land use activities and minimize potentially negative
impacts of such activities.
B.
Set forth specific regulations and procedures for certain special
land uses and activities that could have potentially large impacts
on their surroundings, and on the value of adjacent property, and
that require review and the application of standards to minimize adverse
impacts.
C.
Establish specific design and development guidelines that can be
applied to development in the B1 Commercial Mixed-Use and B2 General
Commercial District as a means of accomplishing objectives of the
Comprehensive Plan for these districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 4-19-2023 by L.L. No. 3-2023]
A.
Authority. The Planning Board is hereby empowered to grant site plan
approval in accordance with the provisions of § 274-a of
the New York State Town Law. The Town Board hereby further empowers
the Planning Board to, when reasonable, waive any requirement for
the approval, approval with modifications or disapproval of site plans
submitted for approval. Those identified applications requiring site
plan approval as a prerequisite and all special use permits (which
require site plan approval) shall be regulated as set forth in this
article.
B.
BOARD
DEVELOPMENT
(1)
(a)
(b)
(c)
(2)
DIRECTOR
MODIFICATION
PERFORMANCE GUARANTEE
RECONSTRUCTION
REPLACEMENT IN KIND
SITE IMPROVEMENT
STORMWATER POLLLUTION PREVENTION PLAN (SWPPP)
Definitions. Definitions of specific terms or words as used in this chapter shall conform to the definitions of the same terms in the Zoning Ordinance, Chapter 270. In addition to the definitions in Chapter 270, the following terms shall be used in this chapter as they are defined in this section:
The Planning Board, unless otherwise specified.
Any land use activity or project which requires a permit
from the Planning and Code Enforcement Department or will result in
changes to the physical condition, appearance or type of use, or intensity
of use, of property.
Development projects include but are not limited to:
New construction, reconstruction, modification or expansion
of existing structures or site improvements.
Landfilling, excavation, grading, parking lot construction or
any other disturbances to the natural or existing topography or vegetation
of the site.
Demolition of structures or site improvements.
The Director of Planning for the Town of Lansing, New York,
or his/her designee.
Rearrangement of site layout or an exterior alteration to
an existing structure (including any changes to a building facade,
except replacement in kind).
A form of security approved by the Town that has the effect
of providing assurance or a guarantee that all improvements will be
made and constructed in accord with the requirements of this chapter,
applicable codes and requirements, the requirements of the Town, and
the terms and requirements of any approved site plan. A performance
guarantee may include performance bonds, escrow agreements, letters
of credit, cash, and other or similar collateral or surety agreements.
No such performance guarantee shall be deemed acceptable or in compliance
with the requirements of this chapter if the person posting the bond
or other undertaking is a guarantor or surety to any underwriter of
such bond or undertaking, or if such person provides for indemnity
to any underwriter or issuer with respect to such bond or undertaking.
Bonds shall comply with the requirements of Town Law § 274-a
and shall be acceptable to the Town Board and Town Attorney as to
form, sufficiency, manner of execution, and surety. A period of one
year (or such other periods as the Director of Planning may determine
appropriate, not to exceed three years) shall be set forth in the
bond within which required improvements must be completed.
Construction of buildings or site plan improvements following
total demolition of a previous development.
Replacement of materials (for maintenance purposes) which
does not have an effect on the appearance of the existing building
and site.
Features including but not limited to planting, paving, retaining
walls, drainage culverts and swales, fences and gates, lighting, site
furniture, fountains, pools, bridges, dams, decks, boardwalks, pergolas,
signs and any other accessory structures, devices, or landscape materials
on the site.
A plan to identify and mitigate stormwater impacts as defined in Chapter 225.
C.
Applicability.
(1)
The provisions of this § 270-27 shall apply to any land use activity that is indicated in Schedule I of this chapter as requiring site plan review and approval, to any similar use, and whenever otherwise requires by this chapter or by any local law or other ordinance of the Town of Lansing.
(2)
In addition, and supplementing such provisions, the requirements
of this article shall also apply to the following actions except as
to those actions specifically exempted, or for which alternative specific
site plan review and approval requirements are established, elsewhere
in this chapter:
(a)
All new commercial, industrial, or institutional development.
(b)
All new multiple-unit dwellings.
(c)
Any modification of existing commercial, industrial, institutional,
or multiple-unit dwelling buildings, for which no previous site plan
exists.
(d)
Any conversion of an existing residential structure to a nonresidential
use (except as may have occurred in connection with a home occupation
established in conformity with the provisions of this chapter).
(e)
Any conversion of an existing nonresidential structure into
a residential structure containing three or more dwelling units.
(f)
Any modification to an existing residential structure which
increases the number of dwelling units in the building to three or
more dwelling units.
(g)
Any other modification to any facility or structure not set
forth in the preceding subsections, for which final site plan approval
was or is presently required by the terms of this chapter or any modification
to any previously approved site plan, except as otherwise authorized
below.
D.
Land use activities exempt from site plan review. Land uses allowed by zoning permit and the following land uses and activities are exempt from site plan review provisions of this § 270-27 unless such review is specifically required in Schedule I of this chapter:
E.
F.
Site plan review submittals.
(1)
Submission of application materials.
(a)
Applicants must submit a complete site plan review application,
including all applicable materials as described in the site plan review
checklist, which may be obtained from the Department of Planning and
Code Enforcement, as well as the following:
[1]
Evidence of site control or owner's authorization.
[2]
Statement of intent that describes the project. If the development
is to be staged, a general indication of how the staging is to proceed;
any project that requires more than 36 months to construct shall be
staged. Whether or not the development is to be staged, the preliminary
plan shall show the intended total project.
[3]
A statement as to proposed sources of water supply and method
of sewage disposal to include a statement as to who will own the water
and sewer systems, a conceptual layout of each system, whether necessary
districts are formed or are in process, the receiving sewage treatment
plant, the lines, dimensions, and purpose of all utility easements,
including properly placed fire hydrants and preliminary design of
bridges and culverts.
[4]
A site plan, drawn to a scale no smaller than one inch equals
30 feet, on one or more sheets, stamped by a New York State licensed
architect, landscape architect, engineer, or surveyor.
(b)
An environmental assessment form as required by SEQRA.
(c)
Additional application materials may be required by the Board.
Depending on the scope and complexity of the project, the Board has
the discretion to require applicants to engage the services of licensed
design professionals and other experts such as architects, landscape
architects, engineers, ecologists, or surveyors.
G.
Application procedure for site plan review for certain farm operations.
The applicant for site plan review and approval shall submit the following:
(1)
Application form and fee.
(2)
Name and address of the applicant and any professional advisors.
(3)
Evidence of site control or owner's authorization.
(4)
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 depicting:
(a)
Existing features of the site including land and water areas,
water or sewer systems and the approximate location of all existing
structures on or immediately adjacent to the site.
(b)
The proposed location and arrangement of buildings and uses
on the site, including means of ingress and egress, parking and circulation
of traffic.
(c)
The proposed location and arrangement of specific land uses,
such as pasture, crop fields, woodland, livestock containment areas,
or manure storage/manure composting sites.
(d)
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.
(5)
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, and/or signs, including any anticipated changes in the
existing topography and natural features of the parcel to accommodate
the changes.
(6)
If any new structures are going to be located within 100 feet of
a stream or wetland provide a copy of the floodplain map and wetland
map that corresponds with the boundaries of the property.
H.
Project review criteria. In reviewing an application for approval of a site plan, the Planning Board will be guided by the existing characteristics and conditions of the site and its surroundings, by particular design objectives of the applicant, by the quality and distinctiveness of the proposal, by avoidance or mitigation of any negative impacts, in accordance with Article VIII: Site Development Standards. Unless waived or otherwise modified by Planning Board resolution as specified below, each site plan for a proposed land use activity shall conform to the general standards listed in this Subsection H, as applicable, and to any other requirements specifically related to a particular site as may be identified and described in writing by the Planning Board.
(1)
Stormwater drainage. Adequacy of stormwater and drainage facilities,
and a stormwater drainage plan shall be provided. Natural drainageways
shall be used to the fullest practicable extent. The amount of stormwater
draining onto or across adjacent properties shall not be increased.
Any activity disturbing more than one acre of land shall be required
to obtain an SPDES Stormwater Phase II Construction Permit from the
New York State Department of Environmental Conservation.
(2)
Erosion control. Developments on soils which may erode, or on slopes
greater than 10%, shall include a sediment and erosion control plan
designed to minimize erosion during construction and after construction
has been completed and consideration, where feasible, of:
(a)
Avoiding construction upon or disturbances of hydric soils;
(b)
Avoiding impervious surfaces in favor of pervious surfaces;
(c)
Using bioengineering techniques rather than traditional construction
methods to manage water and stormwater on site;
(d)
Avoiding the crossing of streams and ditches with roads and
driveways; and
(e)
Establishing buffers along streams and other watercourses.
(3)
Off-street parking. Location (reverse frontage preferred), arrangement,
appearance and sufficiency of off-street parking and loading. Parking
areas, if any, shall be adequate in terms of area, safe access thereto
and surface water drainage.
(4)
Water and sewer facilities. Adequacy of water supply and sewage and
waste disposal facilities, and the type and design of any water supply
and sewage disposal system, shall be approved by appropriate jurisdictions.
Calculations of the existing and estimated increased loads on the
system may be required. When the proposed source of water is groundwater,
consideration of well and pump tests, the amount of any water proposed
to be used, the proposed sequestration of any amount of water, and
water or hydro-geological studies to determine the impact of the proposed
withdrawal of groundwater on surface waters, surface water flows,
aquifers, aquifer capacity and recharge rates, and existing users
of the same supply of water, are appropriate matters for review in
the discretion of the Planning Board where issues concerning groundwater
quality and quantity have been documented.
(5)
Driveways, pedestrians, and traffic. Safe and convenient pedestrian
and bicycle access and circulation, including provision for bicycle
parking facilities and sidewalks along public thoroughfares, unless
applicant demonstrates that a sidewalk is not feasible due to site
constraints. Adequacy and arrangement with vehicular and nonvehicular
traffic access and circulation, walkway structures, control of intersections
with vehicular traffic, and overall pedestrian safety and convenience,
including the adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, pavement surfaces,
dividers and traffic controls, as well as adequacy of fire lanes and
other emergency zones. Access and egress driveways shall be clearly
defined and no more than 35 feet wide unless otherwise permitted by
the NYSDOT, Tompkins County, or the Town of Lansing. Analysis of the
project's impact on parking and traffic may be required, including
sight lines at curb cuts.
(6)
Site lighting. All lighting to be used on a building or site shall
be installed in accord with any Town lighting requirements and in
a manner as will prevent glare on adjacent properties and roads. Wherever
practical, luminaires shall provide for glare-free, downward directed,
and shielded lighting as promotes the dark-sky standards of the International
Dark-Sky Association ("IDA"), Tucson, Arizona, including, for example,
meeting the goals and standards expressed in the "Outdoor Lighting
Ordinance and Community Standards" Information Sheet No. 172 and the
IDA "Outdoor Lighting Code Handbook." Excessive lighting for promotional
or commercial visibility purposes shall be discouraged.
(7)
Off-site impacts. Potential off-site impacts such as noise, odor,
excess or heavy vehicle traffic, and vibration shall be identified
and proposed measures to mitigate adverse impacts on adjacent property
and the surrounding neighborhood shall be submitted.
(8)
General improvement plan. Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs. Sign size and location shall comply with Chapter 210, Signs, of the Code of the Town of Lansing.
(9)
Trees and shrubs. Adequacy, type and arrangement of trees, shrubs
and other landscaping, including, where practical, a focus upon the
maximum retention of existing vegetation and considerations of visual
and noise-deterring buffers between the proposed use and adjoining
uses or properties.
(10)
Roads and walks. Roads, pedestrian walks, and open space for
play areas and informal recreation shall be designed as integral parts
of an overall site design, be properly related to existing and proposed
buildings, roads and pedestrian ways, and be appropriately landscaped.
(11)
Other regulations. All other applicable state, county and local
laws, ordinances and regulations shall be complied with. These include,
but are not limited to, Zoning, Signs, Subdivision Regulations, Stormwater
Management, Code Enforcement Local Law, and the State Environmental
Quality Review Act.
(12)
Impacts on unique or critical resources. Impacts upon agricultural
resources, unique natural areas, critical environmental areas, wetlands,
flood hazard zones, other unique topological, cultural, historical,
and archeological areas, including scenic resources identified in
the Lansing Natural Resources Inventory and Scenic Resources Inventory,
and general consistency with the Town's Comprehensive Plan.
(13)
Public services. Consideration of any needed or desirable public
services and public service impacts, including upon the availability
of fire hydrants, and emergency medical services, streetlighting,
schools and educational services, and public transportation services
and plans.
(14)
Handicap accessibility of buildings, pathways, and parking in
accordance with ADA standards.
(15)
For new construction of multiple-unit dwellings, commercial, industrial, and retail and service uses, adequate and appropriately located facilities for the storage and collection of solid waste and recyclable materials shall be required. Developers of new commercial and mixed-occupancy buildings must design a waste management system that can support the needs of any allowable use in the building, including those uses that could result in maximum garbage generation. Screening of these facilities, as well as other actions relating to the appearance of the facilities, may be required in accordance with Article VIII: Site Development Standards.
(16)
Shielding or reduction of noise from mechanical equipment and
other sources to the extent reasonably practicable.
(17)
Screening or architectural integration of a building's
or structure's exterior mechanical equipment.
(18)
Additional information. The Planning Board may consult with
any other Town board, commission, department, agency and/or official
it deems advisable. It may also engage the services of engineers,
planners, or other professionals to aid in the review process. All
costs incurred by the Board for such professional services shall be
reimbursed to the Town by the applicant.
I.
Approval procedure. The following procedures are required for site
plan review and not required for site plan review for certain farm
operations:
(1)
Public notice by posting. At least 20 days before the first meeting
at which the Planning Board considers site plan approval, the Planning
Board may require the applicant to post a sign at the center of each
property line of the project site which fronts on a public or private
roadway or public right-of-way. Such signs shall be continuously maintained
and displayed facing the roadway until final action has been taken
by the Board to approve or deny the site plan. At the time such signs
are emplaced, the applicant or the applicant's representative
shall indicate, in writing, the date on which the signs are to be
erected. Signs shall be removed within 15 days of the final action
or withdrawal of the application.
(2)
Planning Board meeting. Following timely receipt of a complete application
for site plan approval, the Board shall schedule consideration of
the application at its earliest possible scheduled meeting. The Board
may establish its procedures and requirements, within the framework
provided by this chapter, for conducting site plan review.
(3)
Public hearing. Prior to rendering any decision on a site plan review
application, the Board may hold a public hearing on the proposed development.
The hearing on the site plan shall be advertised in the Town newspaper
of record at least five days before the hearing. This may begin concurrently
with any required public hearing for the purpose of environmental
review of the same project and may continue after any such environmental
review public hearing is closed. Public hearings are not required
for site plan review for certain farm operations.
(4)
Action on application for site plan approval.
(b)
Such sixty-two-day period will be extended if the environmental
review process has not been completed and/or may also be extended
by mutual consent of the applicant and the Planning Board.
(c)
If the site plan is disapproved, the Planning Boards' statement
shall contain the reasons for such findings. In such a case, the Planning
Board may recommend further study of the site plan and resubmission.
(5)
Changes. Any current or future change to an approved site plan must
be reviewed and approved by the Planning Board. Failure to comply
will result in loss of permitted use.
J.
Modifications of site plans. A site plan that has received final
site plan approval may be modified upon the application of the owner
for such modification. Such application shall be in accordance with
the provisions of this article and the procedures applicable to such
application shall be the same as are applicable to an initial application
for site plan approval. Notwithstanding the foregoing, Planning Board
approval of a modification shall not be required if the modification
does not involve:
(1)
Construction of an addition of more than 1,000 square feet of enclosed
space whether on one or more stories. The numerical criteria for the
exception from the requirement of obtaining Planning Board approval
are an aggregate maximum (i.e., if a 700 square foot addition is constructed
without obtaining Planning Board approval and construction of a second
addition larger than 300 square feet would require Planning Board
approval of a modified site plan).
(2)
Construction or relocation of more than five parking spaces nor construction
or relocation of any parking spaces to an area that is not adjacent
to the original planned parking area; nor
(3)
Enlargement of an existing or previously approved building that involves
an increase of square footage of more than 15% of the existing square
footage of the existing or previously approved building; nor
(4)
Alteration of traffic flows and access nor a significant increase
in the volume of traffic; nor
(5)
A significant (in the judgment of the Zoning Officer) change in the
aesthetic appearance of any structure or site plan element, including
landscape and lighting details, from that presented at the time of
the last approved site plan; nor
(6)
A change in the impacts of the project on surrounding properties,
such as an increase in noise, water runoff, light illumination, or
obstructions to views; nor
(7)
Violations of any express conditions (including, without limitation,
buffer zones, setbacks, and similar restrictions) imposed by the Planning
Board in granting prior site plan approval; or
(8)
If the modification does not involve a movement or shift of a location
of one or more buildings laterally or vertically from the location
or elevation shown on the final site plan;
(9)
A determination by the Zoning Officer that such shift does not materially
affect the overall site layout or specific elements of the site, including
roads, traffic movements, sidewalks, parking areas, viewshed, drainage,
and buffer areas; and
(10)
Such shift does not directly violate any express conditions
(including, without limitation on, buffer zones, setbacks, etc.) imposed
by the Planning Board in granting prior site plan approval.
(11)
A demolition or proposed demolition of an existing building,
or of a previously approved building on a previously approved site
plan, is a modification of a site plan subject to the terms of this
section.
(12)
Notwithstanding the other sections of this article, Planning Board approval of a modification of a site plan shall not be required if the modification only involves the construction, alteration, or renovation of the interior of a building, regardless of whether a change of occupancy or use is involved, and none of the limitations of this § 270-27 are exceeded.
K.
Building permit. Before a building permit or certificate of occupancy
or certificate of compliance can be issued for any of the activities
for which site plan approval is required, a site plan must be approved
by the Planning Board in accordance with these and other applicable
provisions.
L.
Other permits. An approved site plan shall be binding on all further
permits and approvals needed for the project. Compliance with other
applicable state, county and local agencies is required.
(1)
All required modifications or conditions established as a result
of the site plan review process shall be and be deemed conditions
of the building permit (regardless of whether expressly so stated
upon any such building permit). For projects subject to site plan
review, a building permit shall be issued only after approval has
been granted. In a case where a conditional site plan review approval
has been granted, no certificate of occupancy or completion shall
be issued until final site plan review approval has been granted and
all conditions of such final approval have been met. See also § 279-27L.
M.
Expiration of site plan approvals. Once any site plan approval is
issued, whether with or without conditions, the applicant or other
person or entity claiming the benefit of such approval shall commence
and substantially complete the construction or other activities for
which the site plan is applicable within three years of the date of
the resolution of the Planning Board so issuing such approval or such
site plan approval shall expire, lapse, and be of no further validity,
force or effect, unless an extension has been granted by the Board
following a written request by the applicant. If no extension is granted,
the landowner or other applicant may then reapply for site plan review,
the same shall be and be deemed a new application, and nothing in
any prior site plan review process or approval shall be binding or
of precedential value with respect to such new application or review,
or as to any terms or conditions applied in relation to the review
or potential approval of such application or site plan. The Planning
Board may list such three-year commencement and substantial completion
requirement upon the face of any site plan drawing or related plat
or map, and the Planning Board may list such three-year requirements
within its approval(s) as a condition or otherwise.
(1)
For the purposes of this section, work is not "substantially complete"
unless, at a minimum:
(a)
A building permit, if required, has been obtained;
(b)
Construction equipment and tools consistent with the size of
the proposed work have been brought to and been used on the site;
and
(c)
Substantial excavation (where excavation is required) or significant
framing, erection, or construction (where excavation is not required)
has been started and is being diligently pursued.
N.
Performance guarantee.
(1)
No certificate of occupancy or certificate of completion shall be
issued until all improvements required by site plan approval are installed,
and including any conditions placed on such approval are fulfilled,
or until a sufficient guarantee, in the form of a performance bond,
letter of credit or other security, is in place.
(2)
Upon satisfactory completion of all required improvements shown on
the approved site plan, an as-built plan shall be submitted for the
review and approval of the Code Enforcement Officer at least one week
prior to the occupancy of the building. Such plan shall include the
record of all progress and final inspections for the installation
of all on-site and off-site improvements as approved by the Code Enforcement
Officer or certified by a licensed engineer. The completion of as-built
plans and the successful inspection reports shall be the basis for
release of any performance guarantee or portion thereof.
O.
Development projects may be periodically inspected for conformance
to the approved site plan, including the maintenance of the viability
of the planting required as part of the site plan approval. If there
is nonconformance, or if any conditions of SPR approval are not fulfilled,
no certificate of occupancy or certificate of completion shall be
issued. Where a development reverts to nonconformance after the issuance
of a certificate of occupancy or certificate of completion, current
owners of the development shall be notified, in writing, and given
the opportunity to correct the situation. If the Director determines
that the corrective measures are inadequate, the Town shall implement
any necessary changes to the site to bring it into conformance, the
cost of which shall be charged to the property owner. All construction
and site operations shall be in compliance with the site plan.
A.
Application requirements. A written application shall be submitted,
on forms provided therefor by the Building Department, signed by the
applicant. The following requirements shall apply to all applications:
(1)
All applications shall require evidence that the applicant has legal
authority to make an application with respect to the land and title
that are the subject of such application.
(2)
The applicant shall provide building plans for any structures and
mappings of the proposed locations and improvements relating to the
proposed use. All building plans shall meet the requirements of the
New York State Uniform Fire Prevention and Building Code and applicable
codes of the Town of Lansing.
(3)
The application shall at a minimum: i) state the applicant's name
and address; ii) identify the lot and Tax Map parcel numbers affected
by the application; iii) identify the location and size of all existing
structures on the lot(s), including primary use buildings, accessory
buildings and structures, driveways, parking areas, and existing or
proposed easements; iv) identify the proposed point of access or entry
to any structure or improvements; and v) identify the distance from
the building or improvement area lines to all lot lines, road right-of-way
lines, waterfront lines, stream edges, and any other features of the
lot or parcel. When establishing measurements to meet the required
setbacks and yard sizes, the measurements shall be taken from the
lot line, road right-of-way line, or nearest mean high-water line
to the furthermost protruding part of the use or structure.
(4)
Two copies of a layout or plan showing the actual dimensions of any improvement and a description of the proposed use sufficient to determine compliance with the requirements of this chapter shall be supplied. The layout or plans required by this Subsection A(4), and the immediately preceding Subsection A(3), may be informal, but should be reasonably to scale so as to allow verification of dimensional and other requirements.
(5)
Payment of a zoning permit application fee as set from time to time
by the Town Board, or in the absence of a fee schedule for zoning
permits or any resolution setting such amount, $50.
(6)
Any application, permit, review, or other fees referenced in this
chapter may be determined, amended, and periodically updated by the
Town Board by resolution. In addition, fee schedules may be developed
and approved by resolution to reimburse the Town for the reasonable
and anticipated costs incurred in any review, including for public
hearings, publication, mailings, title reviews, inspections, dedications,
SEQRA reviews, stormwater reviews, legal and engineering (and other
professional) consulting, and other incurred expenses of the Town.
All such fees and fee schedules shall be reasonable and properly chargeable
to the applicant or other person required to pay the same, and all
such fees and fee schedules shall be periodically reviewed by the
Town Board to ensure reasonableness and legality.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
B.
One copy of such layout or plot plan shall be returned to the applicant
when the application is approved by the Code Enforcement Officer (or
other official charged with the review and issuance of zoning permits),
together with a signed copy of any issued zoning permit.
C.
A zoning permit will be valid for one year from the date of issuance,
will expire at the expiration of one year if construction has not
commenced, and will further expire two years from the date of issuance
if the project is not substantially completed at that time. Once expired,
the use or structure may only be allowed by recommencing the zoning
permit process outlined in this chapter.
D.
A zoning permit shall be prominently displayed so as to be visible
from the outside of any applicable building, structure, or improvement
altered, constructed, or emplaced, until such time as a certificate
of compliance has been issued or the Code Enforcement Officer closes
the permit.
E.
Zoning permits may only be issued for specific purposes outlined
in Schedule I,[1] and upon verification of compliance by the applicant with
the requirements of each zoning permit standards outlined below.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
General rules and requirements.
(1)
No zoning permit may be issued or approved where the Town Board,
the Planning Board, or the Board of Zoning Appeals has previously
issued or denied a ruling, permit, appeal, or approval concerning
the emplacement or allowance of any structure or use to which a zoning
permit may apply. Similarly, a zoning permit may not be issued in
relation to any modification of a site plan, a special permit, a subdivision,
a PDA, or other prior or current similar review.
(2)
No zoning permit may be issued unless the application meets all general
standards and the specific standards listed for each proposed use
or structure to which zoning permits apply (see below), the applicant
verifies future compliance, in writing, with all applicable standards,
and the Code Officer or other official empowered under this chapter
to issue zoning permits finds and determines that all requirements
and standards have been met for the application under review.
G.
General standards. All zoning permit applications and approvals shall
demonstrate compliance with all yardage and setback requirements applicable
to the zone in which the proposed use or structure is to be located.
Likewise, all dimensional requirements, parking requirements, and
access requirements shall also apply to all zoning permit applications
and zoning permits.
H.
Specific standards — roadside stands. Roadside stands are permitted
by zoning permit where:
(1)
They do not exceed 750 square feet; and
(2)
They are located substantially adjacent to a public highway and sited
upon land owned by the applicant or upon which the applicant has a
right to operate; and
(3)
Such stand or structure is temporary and not permanently affixed
to the ground, or if so affixed, a removal and restoration plan has
been submitted to remove the stand or structure seasonally or when
the use is discontinued.
I.
Specific standards — mother-in-law/accessory apartment. Mother-in-law
and accessory apartments are permitted by zoning permit where the
following standards are each and all met:
(1)
Maximum size of 750 square feet;
(2)
The accessory apartment shall be limited to two bedrooms, but only
one bedroom if within a residential structure;
(3)
The house or residence must be owner-occupied if the apartment is
located within a residential structure;
(4)
The appearance of a single-family home must be maintained if within
a residential structure; otherwise, the existing appearance and character
of a building may not significantly change if not within a residential
structure;
(5)
Health Department approval must be obtained if required;
(6)
Adequate off-street parking shall be provided;
(7)
The conversion shall meet or exceed all building codes, including
required fire separations; and
(8)
Barrier-free design for persons with handicaps or limited mobility
shall be considered where feasible or required.
J.
Specific standards — storage units/containers. Storage units/containers
are permitted by zoning permit where the following standards are each
and all met:
(1)
There shall be no more than one storage unit as a matter of right
per lot, except in the RA zone;
(2)
Storage units may not be placed in any front yard and must be appropriately
screened to a height of six feet by either an evergreen hedge, earthen
berm, or fence made of materials in a way to block view;
(3)
Each unit must be maintained in a neat and orderly fashion with screening
intact and well maintained;
(4)
If within an R3 zone, the unit or container must be installed and
maintained in such a fashion as to appear similar to a traditional
shed; and
(5)
If in a RA zone, more than one unit is allowed but:
K.
Specific standards — keeping of chickens. The keeping of chickens
is permitted by zoning permit where the following standards are each
and all met:
(1)
No person shall have, own, permit or otherwise possess a rooster;
(2)
Keeping of chickens shall be considered an accessory use and is permitted
only as incidental to lots on which the principal use is residential;
(3)
The number of chickens on any lot shall not exceed five unless a
variance is granted by the Zoning Board of Appeals;
(4)
All chickens shall be provided with a covered, predator-proof coop,
pen, cage or other shelter that is thoroughly ventilated, designed
to be easily accessed and cleaned, and sufficient size to permit free
movement of the chickens, exclusive of areas used for storage of materials
or vehicles. Chickens shall not be allowed to roam the premises outside
of such shelters;
(5)
Any coop, pen, fence or other shelter used for keeping of chickens
shall be located in such a manner as to observe the applicable required
yard setbacks for the zone in which it is located and shall be prohibited
in a front yard; and
(6)
The coop, pen, cage or other shelter must be placed on a location
on the lot so as not to harm adjoining properties or environmentally
sensitive areas.
L.
Specific standards — keeping or raising of horses or ponies.
The keeping or raising of horses or ponies is permitted by zoning
permit where the following standards are each and all met:
(1)
At least two acres of fenced pasture is provided for each horse,
one acre of fenced pasture is provided for each pony, and one-half
acre of fenced pasture for each miniature pony; and
M.
Small-scale
solar energy system zoning permit requirements.
[Added 7-15-2020 by L.L.
No. 3-2020]
(1)
Building permits are required for all solar energy system installations
except solar energy systems under 1,000 watts not grid-tied or connected
to a building or accessory structure.
(2)
Small-scale solar energy systems that are building-integrated solar
energy systems are allowed in all zoning districts. Such systems:
(a)
Must be mounted or integral to a lawfully permitted building
or structure;
(b)
To the maximum extent practicable, solar energy systems must
not obscure architectural details or features; and
(c)
May not be installed in required open space or buffer areas,
park or playground/recreational set-aside areas, in required front
yards, or within any required side or rear yard setbacks, or in a
manner that violates any bulk, density, coverage or yardage rules
for the zone in which situated.
(3)
Small-scale solar energy systems that are small-scale ground-mounted
solar energy systems are allowed in all zoning districts and must
meet the following requirements:
(a)
No components of ground-mounted solar energy systems shall exceed
18 feet above finished grade when the system is oriented at maximum
tilt from horizontal.
(b)
All such systems must meet all setback and yardage requirements
as are required of principal buildings or structures in the applicable
zoning district.
(c)
The horizontal surface area covered by ground-mounted solar
energy systems must be included in total lot coverage calculations
and, when combined with the coverage of other structures, the total
area must not violate any minimum open space required in the underlying
zoning district. In Planned Development Areas that do not reference
underlying bulk or area requirements for solar energy systems, the
addition of a ground-mounted system shall not create or extend any
lot coverage beyond 25%.
(d)
Ground-mounted solar energy systems are not permitted in any
front yard and must be sited entirely behind the front yard line as
depicted in Schedule II, Drawing 1.[2]
[2]
Editor's Note: Schedule II is included as an attachment to this chapter.
N.
Non-tower-based
wind energy conversion system zoning permit requirements.
(1)
Building-integrated or -mounted unit systems must be mounted or integral
to a lawfully permitted building or structure. However, no existing
building can be repurposed or modified to serve as a wind energy conversion
system as a principal use, and no existing structure may be retrofitted
to support a new wind energy conversion system without certification
by a licensed New York State Engineer confirming the inspection of
and the structural integrity of the building or structure.
(2)
Rooftop installations must be set back from roof edges a minimum
of 18 inches and must meet the height requirements for the zoning
district where installed, when measured from the average grade to
the highest point of the system.
(3)
Rooftop installations may extend a maximum of six feet above the
roofline or to the height limit allowed by the requirements of the
Code, whichever is lower.
(4)
No components shall exceed 18 inches above average original ground
elevation levels if not building-mounted.
(5)
All setback and yardage requirements as are required of principal
buildings or structures in the applicable zoning district, and any
non-building-mounted system must be calculated in determining minimum
open space requirements. In Planned Development Areas that do not
reference underlying bulk or area requirements for wind energy conversion
systems, the addition of a ground-mounted system shall not create
or extend any lot coverage beyond 25%.
(6)
Non-building-mounted systems are not permitted in any front yard
and must be sited entirely behind the front yard line as depicted
in Schedule II, Drawing 1.[3]
[3]
Editor's Note: Schedule II is included as an attachment to this chapter.
(7)
Noise attributable to a non-tower-based wind energy conversion system
cannot exceed 42 dBA during daytime hours (6:00 a.m. to 10:00 p.m.)
and 35 dBA during nighttime hours (10:00 p.m. to 6:00 a.m.) as measured
from the property lines of the lot upon which the same is/are to be
installed.
(8)
All systems and components shall be camouflaged and designed to be
architecturally consistent with buildings and yards on the lot.
O.
(Reserved)
P.
Issuance of zoning permits.
[Amended 7-15-2020 by L.L. No. 3-2020]
(1)
The review and issuance of zoning permits shall be considered a ministerial
action; if an applicant, through its application, demonstrates compliance
with the requirements of this chapter, a zoning permit shall be issued.
(2)
The Code Enforcement Officer (or other authorized official) shall
take action to approve or disapprove the application within 15 days
of the receipt of a completed application, including the payment of
all application fees. If an application is submitted that is incomplete
or in error, the Code Enforcement Officer (or other authorized official)
will advise the applicant as to such fact(s) within 15 days of the
receipt of the application. Notwithstanding the foregoing, the failure
of the Code Enforcement Officer (or other authorized official) to
issue any notice or determination within the time herein required,
or as otherwise required by law, shall not result in any presumption
of approval, completeness, or of any right to obtain a permit (or
a denial thereof), whether in relation to any application, submission,
or any related communications or materials.
(3)
All standards and requirements of proof expressly or impliedly stated
herein as applicable to zoning permits shall be strictly but reasonably
construed and applied. Any determination made upon any application,
whether to issue a zoning permit, deny such permit or application,
approve the same with required modifications, etc., shall be appealable
to the Board of Zoning Appeals per the provisions of §§ 267-a
and 267-b and related provisions of the Town Law.
A.
Floodplain location. Floodplain areas are so designated on National
Flood Insurance maps.
B.
Floodplain conditions. No structure, facility or landfill shall be
erected or placed that would impede or change the direction of the
flow of water in the floodplain area, or that could collect or catch
floating debris, or be placed in such a way that the natural force
of floodwater could carry dislodged material downstream to damage
public and private property.
C.
Wetlands. Notwithstanding any other provisions of this chapter, and
particularly Schedule I,[1] to the contrary, construction or any other development
on any land in the Town of Lansing designated as a wetland pursuant
to Article 24 of the State Environmental Conservation Law, shall be
in accordance with the provisions of the said Article 24. In addition,
construction or any other development shall be in compliance with
wetland requirements in the Clean Water Act and all requirements of
the U.S. Army Corps of Engineers and the U.S. Environmental Protection
Agency.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
A.
The location of, and specifications for, any roads or public highways
or other structures or ways proposed to be managed, maintained, or
dedicated to the Town have each been approved by the Town Board either
as part of the subdivision approval process or as part of the site
plan review process.
B.
Specifications for roadways shall be determined by current Town Law,
then current ordinances, local laws, rules, and related requirements
of the Town of Lansing, including the review and approval thereof
by the Town Highway Superintendent.
Notwithstanding other provisions of this chapter to the contrary,
particularly including Schedule II,[1] no lot shall be less than one acre in area, with a minimum
of 200 feet of frontage, and no dwelling, school, nursing home, or
place of public assembly shall be permitted within the "Land Use Restriction
Area" as this may be shown on the Land Use Control Map and/or as designated
by Tompkins County or the Federal Aviation Commission in relation
to the Ithaca-Tompkins Regional Airport. In addition, before a building
permit is issued for any construction in the said Land Use Restriction
Area, the Code Enforcement Officer shall inform the applicant, in
writing, of noise and hazard conditions that are possible in the flight
path of the Ithaca-Tompkins Regional Airport.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
A.
Intent.
(1)
The intent of this § 270-32 is to introduce flexibility in conventional land use and design regulations by applying performance criteria established to encourage development in an imaginative and innovative manner while, through the process of review, discussion and ordinance amendment, ensuring efficient investment in public improvements, a more suitable environment, and protection of community interest.
(2)
This section is aimed primarily at achieving innovation in residential
development so that the demand for housing at all economic levels
can be met by greater variety in type, design and sitting of dwelling
units, and so the conservation and more effective use of limited land
can be achieved. It is also recognized that certain types of nonresidential
development are beneficial to the Town and would not contravene the
objectives of the Comprehensive Plan if they adhere to certain predetermined
performance and design conditions. The planned development technique
is to be used to enable this nonresidential development to occur even
though such development may not be specifically listed in Schedule
I[1] of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
This section further recognizes that, while the standard land use
control function (land use and density) and the subdivision function
(platting and design) are generally appropriate for the regulation
of the use of land in the Town, these controls represent a type of
preregulation, regulatory rigidity and uniformity that may be adverse
to the objectives of the planned development concept. Further, this
section recognizes that a rigid set of space requirements along with
area and use specifications would frustrate the application of this
concept. Therefore, where the planned development concept is deemed
appropriate through the rezoning of land by the Town Board to a Planned
Development Area, the set of conventional land use activities and
area specifications set forth in Schedules I and II of this chapter
are hereby replaced by an approval process in which an approved development
plan becomes the basis for continuing land use controls.
B.
Objectives of a Planned Development Area. To carry out the purpose of this § 270-32, a Planned Development Area shall achieve the following objectives:
(1)
A maximum choice in the types of environment, types of housing, lot
size and community facilities available to existing and potential
Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience and flexibility in the location of any nonresidential
land use activities.
(4)
The preservation of trees, natural drainageways, geologic features
and the prevention of soil erosion.
(5)
An efficient use of land resulting in smaller networks of utilities
and roads and thereby lower housing and community costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive
Plan and complementary to the character of the surrounding area.
C.
Preliminary proposal/feasibility conference.
(1)
Location. PDAs are permitted in every land use classification within
the Town.
(2)
Permitted land use activities. All residential land uses are permitted
in a PDA and any nonresidential land uses, or a mix of residential
and nonresidential land uses, will be permitted if the developer can
demonstrate that such uses will promote the objectives of the Comprehensive
Plan, will contribute to the quality of the proposed development for
the area, and will lead to the direct or indirect enhancement of the
surrounding neighborhood in terms of open space, safe vehicular and
pedestrian traffic movement, parking, maintenance costs, landscaping,
preservation of natural features and an improved living environment.
(3)
An applicant wishing approval for a Planned Development Area shall
submit a request to the Planning Board, with a copy to the Town Board,
in the form of a preliminary proposal which shall include:
(4)
A sketch plan showing items specified in § 270-27E(2).
(5)
A narrative explanation of the character and purpose of the planned development, including the type and density of any development proposed, the water supply and sewage disposal systems proposed, a general statement of proposed financing and an indication of the expected timetable for development, and a statement responding to § 270-32B of this chapter.
(6)
A completed full environmental assessment form, Part 1 (6 NYCRR 617.20, Appendix A).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
After such conference, if the applicant wishes to proceed with planned
development, a written statement of intent to comply with the conditions
and specifications, as established, shall be submitted to the Planning
Board. Within five business days of the submission of such written
statement the applicant shall notify landowners within 600 feet of
the boundaries of the property that a PDA has been submitted for consideration
and that the PDA documents are available for review in the Planning
and Code Enforcement Office. Such applicant shall provide proof of
delivery of such notification to the Planning Board.
D.
Public comment period.
(1)
Within 45 days after receipt of the preliminary proposal, the Planning Board shall schedule a conference with the applicant to review the proposed planned development and environmental assessment. If the Planning Board determines that said proposal is in accordance with the general planning objectives for the area and the objectives of this § 270-32, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal may be approved.
(2)
If agreement on preliminary conditions cannot be reached, the Planning
Board may, at that time, recommend to the Town Board that the proposal
not be approved. Such recommendation shall include a detailed explanation
of the basis for the Planning Board's decision.
E.
Approval of statement of intent to comply. Upon receipt of the applicant's statement of intent to comply with the established conditions, the Planning Board shall, within 120 days, forward to the Town Board its recommendation to conditionally approve or disapprove the development subject to such conditions and to completion of the required environmental review. During this 120-day period the Planning Board shall review details regarding compliance with § 270-32, Planned Development Area (PDA), and § 270-27, Site plan review, and, within the first 30 days of the review period, a public comment period will be established to consider § 270-27, Site plan review, and § 270-32, Planned Development Area (PDA), issues. A PDA site plan review shall require, in addition to the other requirements of this chapter:
(1)
A statement as to the effect of the proposed PDA on the objectives
of the Comprehensive Plan and the character of the neighborhood.
(2)
A statement identifying potential significant adverse impacts that
should be included in an environmental review.
(3)
A statement of the conditions and covenants that shall be followed
by the applicant in developing the proposed planned development.
(4)
The applicant's statement of intent to comply with the required conditions.
(5)
A recommendation on the amount and type of performance guarantee
which the developer should provide.
F.
Conditional approval of the Planned Development Area.
(1)
Within 45 days after receipt of the Planning Board's recommendation
to conditionally approve or disapprove the proposed PDA, the Town
Board shall hold a public hearing on the proposal. Within 30 days
after such public hearing, the Town Board shall approve conditionally
or disapprove the proposed PDA.
(2)
Notwithstanding the time periods stated above, the Town Board shall
not act on the proposed PDA until all applicable provisions of 6 NYCRR
Part 617 (SEQRA) have been complied with.
(3)
Conditional approval shall remain valid for a period of one year,
unless extended by the Town Board, and shall be subject to acceptance
of a final development plan by the Town.
G.
Final development plan.
(1)
Public hearing. Upon receiving conditional approval by the Town Board,
the applicant shall prepare a final development plan for submission
to the Planning Board. After a review of the final development plan
has been completed by the Planning Board and other Town and County
technical personnel, as appropriate, a written recommendation shall
be filed by the Planning Board with the Town Board and the Code Enforcement
Officer. The final development plan submitted to the Planning Board
shall include:
(a)
Drawings showing proposed land use activities, the location
of all buildings and on-site parking, the location, with dimension,
orientation and bearings of lot lines, roads and any areas to be conveyed,
dedicated or reserved for parks or open space, a landscaping and tree
planting plan and a clear indication of the appearance of proposed
structures and materials to be used.
(b)
Written statements, including any staging of construction being
considered, a timetable for beginning and completing construction
of each stage, and a copy of any deed restrictions or covenants to
be incorporated in the development.
(c)
Any additional drawings, surveys or statements that may be requested
by the Planning Board in making its review. The need for, and purpose
of, any such request shall be explained, in writing.
H.
Town Board action on a final development plan. Within 45 days of
receipt of a complete proposed final development plan from the applicant,
the Town Board shall hold a duly advertised public hearing on the
final development plan. Within 30 days after such hearing, the Town
Board shall act to approve, with or without conditions, or disapprove
the final development plan. Notwithstanding the above, the Town Board
shall not act on the proposed PDA until all applicable provisions
of 6 NYCRR Part 617 (SEQRA) have been complied with, and the above
time limit may be extended to permit the conclusion of all SEQRA proceedings.
I.
Review.
(1)
One year from the date of conditional approval by the Town Board (§ 270-32F above) the proposed planned development shall be subject to review by the Planning Board. If a final development plan has not been submitted, or if a final development plan has been approved but reasonable progress has not been made toward eventual completion of the project, the Planning Board may recommend to the Town Board that conditional approval be withdrawn or, with good cause, extended for an additional year.
(2)
The planned development shall be subject to annual review by the
Planning Board, and action by the Town Board, until it is completed
in accordance with the final development plan. If the proposed development
is discontinued or withdrawn at any time, the conventional land use
regulations applicable to the area prior to approval of said planned
development shall again be in effect and the performance bond used
to restore the land to acceptable condition, including, but not limited
to, demolition and removal of incomplete or damaged structures and
the restoration of preexisting land features.
J.
Control of planned development.
(1)
After Town Board conditional approval of a final development plan
for a PDA, changes, extensions or modifications of said development
may be made only after they have been reviewed by the Planning Board
and approved by the Town Board.
(2)
Changes that affect significant elements of the PDA, such as land
use, size, orientation, occupancy, or density of buildings shall require
a new PDA submission and approval.
K.
Certificate of occupancy. Upon completion of the planned development,
or any stage of it, the Code Enforcement Officer shall issue a certificate
of occupancy in accordance with building code, this chapter, and/or
the Town's Code Enforcement Local Law.
L.
Subdivision of a Planned Development Area. The provisions of § 270-32J above, governing changes in the final development plan, will apply even if subdivision into independent lots has occurred. Subsequent owners or lessees of a subdivided PDA may jointly or separately make application under this § 270-32 for an amendment to the final development plan.
M.
Site plan review in subdivision control. If part of a planned development involves the subdivision of land into smaller parcels for sale to individual owners, the site plan review required by this § 270-32 shall suffice for final plat review required by Town subdivision rules and regulations. In such cases, the developer shall prepare a subdivision plat suitable for filing with the Tompkins County Clerk in addition to the required PDA drawings. Final site plan approval by the Town Board under this § 270-32 shall constitute final approval under Town subdivision rules and regulations and the final plat shall be filed with the County Clerk in the manner prescribed in such rules and regulations.
