Town of Lansing, NY Article XIV Planned Development Areas

[Added 4-17-2013 by L.L. No. 1-2013]

§ 270-64 Approval of Planned Development Areas.

Planned Development Areas ("PDAs") are permitted in the Town of Lansing when approved pursuant to the procedures and requirements of the Town of Lansing Land Use Ordinance, including § 270-32 (and all its subsections), therein. No PDA approval shall hereafter become valid until a local law is adopted implementing and approving such PDA, each of which such local laws shall adopt and implement such regulations as the Town Board shall deem advisable, as based in whole or in part upon the recommendations of the Planning Board in relation to such PDA, and which local law shall define such PDA and place it numerically within the body of Article XIV of this chapter.

§ 270-65 Required descriptions.

Every PDA that is included within this chapter and which is thus then authorized and allowed shall contain, at a minimum, a description of each of the following in relation to the allowed land uses and regulations:

A. Any special definitions for land uses, particularly including any definitions as vary from the general definitions already set forth in this chapter;

B. The allowed principal and supplementary or accessory land uses;

C. Any yardage, setback requirements, or density regulations or requirements;

D. Maximum building coverage, height, or size, or the maximum number of dwelling units within each such building;

E. The principal requirements for traffic management, including roadways, parking areas, public highways, pedestrian and other ways, including the potential construction, development, maintenance, and/or dedication of the same;

F. Landscaping plans and buffering requirements;

G. Allowed building materials and architectural details, including coloration and visibility of project elements, including buildings and structures;

H. Any lighting or signage plans or constructs;

I. Provisions addressing the adequacy and provision of water and sewer services, stormwater, and other required services and infrastructure;

J. Any rules relative to mixed uses within any one building or structure and within the PDA itself;

K. The preservation, conservation, or use of wetlands or other significant natural areas or features;

L. Any phasing plan or developmental timetable and the issuance of future approvals or permits relating to the same, including a definition or designation of such uses or changes in use that may require special permits, site plan review, or amendments to this chapter; and

M. Any other matter relevant to such PDA or necessary to give effect to such local law.

§ 270-66 Construction and interpretation.

The provisions of this article shall not diminish or impair the right of any other governmental agency or body to require that any act be taken or avoided. No permit, grandfather right, resolution, procedure, or rule pertaining to zoning or land use shall supersede the requirements of this article. This article is intended to supplement and augment the requirements of zoning and land use regulations and rules of the Town of Lansing and thus shall be read in harmony therewith. In the event of a conflict as to applicable zoning rules, the requirements of this article shall apply to land uses and related rights and activities with respect to any PDA listed within this article.

§ 270-67 Planned Development Area No. 1 - The Village Circle-Village Solars PDA.

[Amended 4-15-2015 by L.L. No. 4-2015; 11-16-2016 by L.L. No. 10-2016; 6-21-2017 by L.L. No. 6-2017]

A. PDA No. 1 shall use all definitions as are applicable to this chapter generally.

B. The allowed principal and supplementary or accessory land uses permitted within the PDA are as follows:

(1) Uses permitted as of right include:

(a) Single-family residential dwellings and multifamily dwellings not to exceed 24 units in any one structure or connected but independent structures.

(b) One or more leasing and rental offices.

(c) Indoor and outdoor recreational facilities, whether for public use or for profit (and specifically including within the Community Center).

(d) Traditional home occupations shall be allowed only where, in the determination of the Town Code Enforcement Officer, the following standards are met. All home occupations that exceed any one or more of these standards or requirements shall be permitted only after an approved site plan review is completed by the Town Planning Board:

[1] Such operation, business, or trade is operated solely or principally by a full-time resident of the dwelling.

[2] No more than one additional person not residing at the premises is employed therein.

[3] No goods or products are publicly displayed or advertised for sale on the premises.

[4] There is no outside storage of goods, parts, or inventory.

[5] No noise, dust, or objectionable odor is experienced beyond the dwelling where such use is conducted.

[6] The home occupation may not exceed the lesser of 300 feet² or 20% of the floor space of such dwelling.

[7] No signage for such home occupation may be displayed other than upon the residence structure, and only one such sign shall be permitted. The coloration of the sign must match that of the residence in question, the sign may only be two-dimensional in its geometrical aspects, and such sign may not exceed 12 feet² in total surface area.

(e) Accessory buildings, such as dog houses, storage sheds, patio covers, garages, gazebos, or other small structures clearly ancillary and related to dwelling uses are permitted when they meet the other requirements of these PDA regulations and this chapter.

(f) Self-service laundry facilities, but only:

[1] Within the Community Center building; or

[2] When located within a dwelling and the location and design make such facility nonobservable from the building exterior.

(g) Utility and utility-related infrastructure relating to the provision of utilities and services to the PDA and general distribution needs in the Lansing area, including specifically the utility structures proposed (and as requested by NYSEG) near the north end of Village Place, as shown on the updated site drawings entitled "Revised Village Solars PDA, May 22, 2017" (the "Updated PDA Site Drawing"). Any other or future siting of utility facilities, as well as the approval of any other utility buildings or infrastructure, shall be approved by the Planning Board by site plan review as provided in § 270-67B(2)(j) hereof.

(2) The following uses are permitted, but only upon the receipt of site plan approval by the Town Planning Board:

(a) Small retail convenience stores and coffee/sandwich shops, including similar small-scale retail services.

(b) Churches or other places of worship, convents, and parish houses.

(c) Public or private libraries, museums, private and public schools and instructional centers, nursery schools, kindergartens, and day-care centers.

(d) Nursing, retirement and congregate housing or convalescent homes and medical clinics or professional offices located outside of a residential dwelling.

(e) Youth centers.

(f) Theaters and facilities for live indoor performing arts.

(g) Uses in the Community Center building, which include all allowed uses listed in § 270-67B(1), self-service laundry facilities, restaurants, public and private health centers, public and private gymnasiums, business and rental offices for on-site operations or facilities, and up to 20 one-bedroom and micro-unit apartments. The residences and Community Center building itself are permitted as of right and without site plan review of approvals, but each individual commercial or nonresidential use shall be subject to site plan review when sited within the Community Center building, and thereafter whenever the nature of the approved commercial or nonresidential use shall significantly change.

(h) One rooming house/tourist home, not to exceed two suites, to be made available only to visitors of residents of the PDA.

(i) One maintenance building for the storage of tools, supplies, parts, and other items needed to maintain residences, buildings, improvements, yards, buffers, and other elements of the PDA by the developer.

(j) Other than service lines typical to commercial and residential uses, all utility buildings and structures shall be subject to site plan review in each of the following circumstances:

[1] Regardless of size, if substantially relocated from areas where already approved within this PDA;

[2] Whenever located above ground; or

[3] Whenever such siting shall disturb or use in excess of 100 feet² of land area or propose a shed, cabinet, housing, or other structure in excess of 100 feet².

C. Yardage requirements and setback requirements, density, building and structure height, and coverage regulations are as follows:

(1) All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 25 feet from the exterior boundary lines of the PDA. Other internal PDA setback and yardage requirements shall be as set forth in this chapter for R2 zones.

(2) Density regulations or requirements are allowed per the development plans and all parcels within the PDA shall maintain a 40% minimum open space standard; similarly the entire PDA parcel shall also have a minimum 40% open space standard.

(3) Buildings shall not exceed three stories and no building or structure shall exceed a height of greater than 45 vertical feet measured from the finished grade to the highest point on a flat or mansard roof and to the average height of a pitched, gabled, hip or gambrel roof. On a hillside or sloped lot or site, the finished grade should be considered as the average finished grade on the uphill side of the structure.

D. No additional buildings shall be permitted within this PDA/zone without site plan review unless the same is a defined accessory structure with less than 100 feet² of overall floor and foundational space. For the purposes of clarity, an eight-foot-by-eight-foot structure with two floors would require site plan review as it would have 128 feet² of combined floor/foundational space.

E. A maximum total of 572 dwelling units shall be permitted within the PDA, each as sited and located substantially where indicated upon the updated PDA plat and site plan narrative dated May 22, 2017, showing the configuration and reconfiguration of project phases and the replacement plans pertaining to the removal of, and reconstruction of new facilities thereupon, as follows: i) building numbers 2, 22, 102, 116, which are to be reconstructed upon similar footprints as existing buildings that are to be removed; and ii) buildings K, L, M and 36 and 117 to be reoriented and relocated to have passive insolation benefits and conform to the overall PDA plan as set forth upon and in the updated PDA plat and site plan narrative dated May 22, 2017, which amends and supplements a prior approved narrative of March 30, 2017. In the event of any conflict between this § 270-67 and any narratives, such conflict shall be resolved by giving weight in the following order: first to this § 270-67; then to the May 22, 2017, narrative; and then to the March 30, 2017, narrative, application, and related materials.

F. Roadway, parking, trail, and pathway requirements are as follows:

(1) There shall be a minimum 1.25 parking spaces provided for each residential dwelling, and such parking shall be adjacent or near to such residential dwelling(s). Notwithstanding this rule, the parking area shown to the north of building number 116 [one of the three parking areas referred to below in Subsection F(5)(d)] shall not be, or be required to be built, unless there is a demonstrated need for the same and approval is therefor given by the Code Enforcement Officer.

(2) Nonresidential facilities shall have a minimum of two parking spaces for each 250 feet² of floor area, and such parking shall be adjacent or near such nonresidential facility; however, and except that, the Community Center building shall have a minimum of 30 parking spaces.

(3) All parking spaces shall have a minimum width of 8.5 feet, a minimum depth of 18 feet, and a minimum vertical clearance height of seven feet, except handicapped and impaired parking spaces, which shall conform to all code and legal requirements in terms of the number of spaces, their location, and the minimum dimensions thereof.

(4) All sidewalks and pathways shall be constructed pursuant to the approved plat and design for the PDA, including all building-to-building walkways, the perimeter exercise trail, the amenities trail, and the main community trail.

(a) Sidewalks in front of buildings, sidewalks that service building entrances and exits, and sidewalks connecting buildings to principal parking areas shall be:

[1] A minimum of four inches thick by five feet wide;

[2] Constructed of concrete; and

[3] Built to match existing concrete walkways in front of existing buildings A, B, C, D, E, G and H.

(b) Other trails and walkways shall be:

[1] Built of packed, crushed stone;

[2] Generally six inches thick and four feet wide; and

[3] Built to match the as-built walkways in Phase I and Phase 2.

(c) All sidewalks and walking trials and paths shall be maintained by the landowner, including snow and ice removal, remediation of defects and hazards, and routine maintenance, repairs, upgrades, and replacements of the same. All pathways and trails shall be maintained in a condition that is fit and safe for their intended uses.

(d) With the exception of main trails described in Subsection F(4)(e) and (f) below, all pathways and trails shall be private to the developers, but public use thereon shall be permitted.

(e) The East-West main eight-foot wide trail shall be blacktopped and accessible to the public. Once any Town trailway is connected to the main East-West trail, the said trail shall be dedicated to the Town either by easement or in fee (in the sole discretion of the Town).

(f) The main North-South trail connecting the site to Warren Road shall also be blacktopped (when built) and accessible to the public, and once connected to other off-site trails it too shall be dedicated to the Town either by easement or in fee (in the sole discretion of the Town).

(5) All roadways, driveways, and parking lots shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles, and at all times there shall be at least two accessways for emergency vehicle ingress and egress to all areas and buildings within the PDA. In addition:

(a) Prior to dedication and acceptance by the Town, all roads proposed for dedication shall be upgraded and constructed to the Town of Lansing roadway specifications applicable in the year of dedication.

(b) All private roads, driveways, and parking lots shall be constructed with a minimum of one foot of crushed gravel and six inches of crushed stone with a natural or stone and oil finish.

(c) Within 90 days of the date of adoption of this amended § 270-67, the developer shall dedicate a sixty-foot right-of-way and easement for a potential future road or transportation corridor within the PDA linking Dutch Mill and Village South Roads.

(d) Up to three additional parking lots, as shown in the updated PDA plat and site plan narrative dated May 22, 2017, are permitted so long as the same are made from permeable surfaces and the locations thereof, and facilities therefor are approved by the Planning Board by site plan review. The parking lot just north of building number 116 shall be subject to the requirements of Subsection F(1) above.

(e) Parking near the Community Center (Building F) may be paved or otherwise improved as required or desired to facilitate parking, impaired accessibility, and access to such facility.

(6) A bus stop and enclosed shelter is permitted and shall be constructed within the PDA in a location approved by the Code Enforcement Officer near or in proximity to the Community Center building as set forth in such plans, once the population of the PDA would support the same and once TCAT agrees that a bus route may extend into or through the PDA.

G. Landscaping plans and buffering requirements, including as shown in the May 22, 2017, Landscape Plan, are approved as set forth in the project plans, including the planting of buffering and screening vegetation, shade trees, and other plantings, each with only native vegetation (i.e., no exotic or invasive nonnative species shall be permitted). A minimum landscaped buffer of at least 15 feet shall be preserved or developed and maintained around the perimeter of the PDA (and such buffer may be located partly or wholly within required setback limits). All plantings shall be maintained by the developer and replaced with similar vegetation whenever a plant or tree shall die or become diseased or fail of its purpose relative to providing screening or buffering.

H. All building materials shall meet New York State Building and Energy Codes, and all buildings shall follow and similar complementary architectural design and coloration. Only muted shades of blue, green, and natural colors are permitted for building exterior finishes. All rooflines and dormer and peak angles shall be similar in their angle and slope as to create a homogenized project "look and feel." All buildings and structures shall be sight buffered and screened per the planting plans approved for the PDA. All buildings shall be oriented towards the sun and sited to maximize solar exposure and natural light penetration of building envelopes so as to increase heating efficiency and decrease energy usage as set forth in the plans for the PDA. Rooftops and other suitable sites shall be available for solar access for photovoltaic or solar thermal systems, where appropriate and where structures permit such loading.

I. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. The lighting plans and selected LED lumieres and fixtures set forth in the May 22, 2017, plans are approved, and any additional or different lighting, including any new or different lighting plans or fixtures, shall be subject to the approval of the Code Enforcement Officer, which approval may issue once the lighting plans and fixtures selected meet the IDA certification requirements for business/residential lighting.

J. Signs.

(1) No signs, other than entry signs, traffic signs, street signs, or directional signs are permitted, except the following:

(a) Nonresidential facilities may have no more than two signs, the combined size of which shall not exceed 90 feet² and both of which must be located upon the building.

(b) Home occupations may have signage, as set forth above.

(c) Small traditional directional signage to identify the location of parking facilities, to designate handicapped and impaired parking facilities, and to identify trash, recycling, and related facilities.

(d) Interior building signage is permitted in the Community Center building and other public-use buildings to identify facilities or allowed businesses and uses.

(e) A large project sign is allowed on the west side of the Community Center building, but it may have only two significant display surfaces and may not exceed 350 feet² in surface area upon any one side.

(2) Any additional or different signs, including any new or different signage or signage plans, shall be subject to approval pursuant to site plan review by the Planning Board.

K. The following requirements apply to the provision of water services, sewer services, and stormwater within the PDA:

(1) Water and sewer. No building permits shall be issued unless the plans therefor comply with law and there is demonstrated compliance herewith, including verification of sewer and water capacities to serve the PDA. Usage is capped at 572 units (or equivalent) unless subjected to further review by the Town. All sewerage services are similarly capped, and all such services remain subject to the terms of the "Intermunicipal Wastewater Transportation and Treatment Agreement," dated March 8, 2010, by and between the Town of Lansing and the Villages of Lansing and Cayuga Heights.

(2) Water and sewer dedication. All waterlines and appurtenant infrastructure shall be dedicated in a form as approved by the Town, along and together with accompanying easements and rights-of-way to the CWD. Similarly, all sewer lines and appurtenances shall be dedicated to the Town or any applicable sewer district or improvement area, together with accompanying easements in a form as approved by the Town. The developer shall submit as-built maps or surveys as required by Bolton Point and the Town showing the location and basic descriptive parameters and elevations of all improvements so installed, and all such dedications shall occur after construction and installation, after all permits have been obtained, after all permit conditions are duly met, including permits from the Tompkins County Health Department. All such water and sewer lines and appurtenances shall be subject to inspection and testing and be in operational condition at the time of dedication.

(3) Stormwater. No certificates of occupancy or compliance (a "CO") shall be issued until after stormwater plans and the SWPPP are duly approved by the Town and NY SPDES permits are issued. If any project or construction plans change, then updated permits and SWPPP calculations are required to be submitted to and approved by the Town and the NYS Department of Environmental Conservation.

(4) All permanent stormwater facilities and permanent practices shall be required to be substantially constructed, duly inspected, and functional as of the date of issuance of the CO for that particular phase or building, and all stormwater facilities and permanent practices, once built, functioning, inspected, and approved, shall be either dedicated to the Town (or any drainage district formed for this PDA) or made the subject of a stormwater management agreement as duly executed by the developer in a form acceptable to the Town. The determination as to whether to use or proceed by dedication or pursuant to the use of a stormwater management agreement, or some combination of both, shall be made by the Town in its own and sole discretion.

L. Except for the Community Center building, other community buildings, and the rental offices, residential uses within the PDA shall not be mixed within any one building or structure with any nonresidential uses. As to the Community Center building and other community facilities:

(1) The Community Center building shall be substantially completed by December 31, 2020 and, until substantially complete, only three of the five building permits for major or large buildings demarked in Phase 4 (building numbers 36, 117, K, L and M) shall issue, and the remaining two building permits shall not be issued until the certificate of occupancy is issued for the Community Center building.

(2) The other community facilities set forth in the development and landscape plans, including, but not limited to, shared yards, courtyards, trails, pathways, community grills, outdoor community recreation areas, and community fire pits shall be constructed as needed within each phase of the development.

(3) In the event of any ambiguity the development plan shall control, and each phase shall be fully completed before the next phase begins substantial construction, including all such public infrastructure and supporting facilities within such phase. In all circumstances, all public infrastructure and supporting facilities shall be constructed and substantially installed and completed within one year of the date the last CO is issued for any main building within each phase.

(4) If the requirements of Subsection L(1), (2) and (3) above are not met, then no additional building permits shall be issued until compliance with such requirements is demonstrated.

M. All wetlands and significant natural features shall be preserved and enhanced in accord with the development plans.

N. The updated PDA plat, Landscape Plan, and site plan narrative dated May 22, 2017, outline the proposed phasing of the project. The development of the allowed build-out limit are hereby authorized and allowed, subject to all approvals, permitting, and stormwater requirements, each where applicable or as required.

O. Any proposed use not specifically herein allowed is expressly prohibited. Any future plan or proposal not here specifically allowed is prohibited unless an amendment to the zoning and development plan are approved through the applicable site planning, special permitting, or variance procedures as outlined in this chapter. In no event may the open space percentage of 40% be reduced; such open space measurement to be expressed as a percentage of land that is undeveloped by buildings or impervious surfaces as compared to the total acreage of the PDA as based upon its boundaries as defined below.

P. All outdoor recreational uses shall be for passive and nonmotorized recreation. Auxiliary uses relating to such recreation, such as exercise areas, tennis courts, basketball courts, ball fields, gardens, trails, and small covered or stone-paved cooking and picnic pavilions or similar facilities, shall be permitted.

Q. The developer may for good cause request a waiver from the requirements of this article and this § 270-67, including for the obtaining of building permits (or certificates of compliance or occupancy) earlier than would otherwise be authorized hereunder, by applying for such a waiver to the Town Board. If such a waiver is granted, the Town Board may impose such reasonable conditions upon the waiver as it may deem appropriate. The Town Board may, but is not required to, approve any such waiver if the Town Board finds that:

(1) The plans for the water or sewer lines and appurtenances have been approved by all applicable agencies and are or have been built and duly dedicated, together with necessary access and other easements, and that the SWPPP and stormwater requirements have been adequately addressed.

(2) There would be a substantial hardship to one or more individuals to delay construction or certificate issuance absent such waiver, and such hardship was not self-created.

(3) There is proof provided to the Town that there is adequate financial support available to the developer to complete the work, such proof being in the form of a dedicated escrow account, performance bond, letter of credit, or other proof satisfactory and acceptable to the Town as based upon the recommendations of the Town Engineer and the Attorney for the Town.

(4) Such waiver is the minimum variation from the requirements of this article or § 270-67 as would remediate or lessen such found hardship.

R. The area encompassing current TPN 39.-1-34, located within the PDA on the Village Circle side of the plan shall be allowed to be appended to and consolidated with TPN 38.-1-38.3 [or other adjacent parcel(s)] and included in the Village Solars side of the development plan.

S. The area encompassed and rezoned in accordance with this § 270-67, and which is governed hereby, is described as follows: Being Town of Lansing Tax Parcel Numbers 39.-1-38.7; 39.-1-38.9; 39.-1-38.10; P/O #39.-1-32.2; P/O #39.-1-38.2, all as more particularly described as the land within the following described boundaries:

Beginning at a point marked by a found iron pin located at the northeasterly corner of lands now or formerly of the Town of Lansing (592/709), as shown on a Survey Map entitled "Village Circle Village Apartments/Village Solar PDA Boundary Survey Map," as dated March 5, 2013, and drawn by Lawrence Fabbroni (NYSPE 51734, NYSLS 49682) (hereinafter, the "Survey Map"); and thence proceeding

N 14° 40' 08' E a distance of 300.73' to a point, such point being located at the northwesterly corner of lands now or formerly of Kaida Computer Technologies LLC (#521821-001); and thence proceeding

S 75° 43' 15" E a distance of 8.50' to a point located in the northerly property line of said Kaida Computer Technologies LLC; and thence proceeding

N 14° 34' 20" E a distance of 570.01' to a point in the southerly property line of lands now or formerly of Rocco P. Lucente (#510428-001), said course also partly running along easterly property lines of lands now or formerly of Lucente Holdings Inc. (867/94 and 837/266); and thence proceeding

S 75° 43' 15" E a distance of 201.60' to a point marking the southeasterly corner of said lands of Rocco P. Lucente (#510428-001); and thence proceeding

N 14° 34' 20" E a distance of 260.73' to a point marking the northeasterly corner of said lands of Rocco P. Lucente (#510428-001); and thence proceeding

N 75° 46' 45" W a distance of 1,132.12' to a point marked by a set iron pin in the southerly property line of lands now or formerly of Rocco Lucente (580/702), said course passing along the southerly property lines of lands now or formerly of Lee (CD2509/6727), Ivy Bridge, LLC (#592211-002), and Rocco Lucente (580/702); and thence proceeding

N 75° 45' 27" W a distance of 169.07' to a point in the southerly property line of lands now or formerly of Hopkins (908/276), said point being also the northeasterly corner of lands now or formerly of Lucente Holdings, Inc. (CD2512/1241), and said course passing along the southerly property lines of lands now or formerly of Rocco Lucente (580/702) and said Hopkins (908/276); and thence proceeding

S 14° 31' 26" W a distance of 100.00' to a point marking the southeasterly corner of lands of said Lucente Holdings, Inc. (CD2512/1241), said course being also the easterly line of said lands of Lucente Holdings, Inc. (CD2512/1241); and thence proceeding

N 75° 45' 27" W a distance of 150.14' to a point in or near the center line of Warren Road, said point also being the southwesterly corner of lands of said Lucente Holdings, Inc. (CD2512/1241), and said course being the southerly property line of said Lucente Holdings, Inc. (CD2512/1241); and thence proceeding

S 14° 31' 26" W a distance of 968.10' along or near the center line of said Warren Road to a point, such point being also the northwesterly corner of lands now or formerly of Bracco (#457019); and thence proceeding

S 75° 37' 57" E a distance of 150.16' to a point located at the northeasterly corner of lands of said Bracco (#457019), said course being the northerly property line of said Bracco (#457019); and thence proceeding

S 14° 31' 26' W a distance of 310.00' to a point marking the southeasterly corner of lands now or formerly of Lane (733/314), said course running along the westerly property lines of lands of said Bracco (#457019) and Lane (733/314); and thence proceeding

S 75° 37' 57" E a distance of 889.01' to a point marking the southwesterly corner of lands now or formerly of the Town of Lansing (592/708), said course passing along the northerly property lines of lands of Kaida Computer Technologies LLC (##488698-001, 471363-001, and 523357-008); and thence proceeding

N 14° 40' 08" E a distance of 250.00' to a point marking the northwesterly corner of said lands of the Town of Lansing (592/708), said course passing along the westerly boundary of said lands of the Town of Lansing (592/708); and thence proceeding

S 75° 37' 57" E a distance of 200.00' along the northerly property line of said lands of the Town of Lansing (592/708) to the point and place of beginning, all as more particularly shown upon the Survey Map, a copy of which is in file at the Town of Lansing Town Clerk's Office.

T. The developer assumes sole responsibility for the development and its work sites and all related or adjacent areas and lands and agrees to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The developer, to the fullest extent permitted by law, shall indemnify and hold the Town of Lansing harmless from and against any, each, and all losses, actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity (all together hereafter, "claims"), including, but not limited to, reimbursement to the Town of Lansing any amount expended for any and all experts', consultants', attorneys' and engineering fees and expenses arising from or in relation to any claim. The Town of Lansing shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town of Lansing.

U. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA No. 1.

V. The developer may subdivide (and rejoin or consolidate) the PDA parcel into separate or differing tax parcels to assist in the delineation of project phasing, tax management issues, and financing for project development. In each such case, suitable cross-easements shall be implied, required, and provided for access and common use of project facilities, and such proposed subdivision and line locations shall be subject to review and approval by the Town Board. Once approved by the Town Board, the Town Code Enforcement Officer may seal such map for filing with or delivery to the County Clerk or Assessor's office.

§ 270-68 PDA No. 2 - The Warren Road Business Park Planned Development Area.

[Added 4-20-2016 by L.L. No. 4-2016]

A. PDA No. 2 shall use all definitions as are applicable to this chapter generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA No. 2 under this § 270-68, the general provisions of this chapter shall apply, as shall all rules and procedures applicable for IR zones generally, specifically including, but not limited to, rules pertaining to site planning, special permitting, and zoning permits.

B. The allowed principal and supplementary or accessory land uses permitted within the PDA are and include all uses as permitted as of right in the IR zone, except as follows:

(1) Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling of rotary mining, and the like.

(2) The use of land for public or commercial power generation, including as licensed utility providers, shall be prohibited. However, business offices for utility companies are allowed.

(3) ECHO housing and residential accessory uses are prohibited.

(4) Rooming and tourist homes are prohibited.

(5) Kennels and animal boarding operations, except as part of a veterinary practice or animal hospital, shall be prohibited.

(6) The keeping of animals, livestock, or chickens shall be prohibited, unless kept wholly or mainly indoors as part of a veterinary practice or research facility.

(7) Solid waste recycling and yards and transfer stations, and junkyards, shall be prohibited.

(8) Automobile sales lots, dealership display areas, and motor vehicle repair shops shall not be permitted as primary uses, but vehicle maintenance and repair facilities shall be allowed secondary uses when ancillary to an allowed primary use and approved by the Planning Board through site plan review.

(9) Indoor and outdoor recreational facilities, whether for public use or for profit, shall be permitted.

(10) Parking businesses and parking lots as primary or accessory uses shall be permitted.

(11) Outdoor tents, trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage on any lot, but they may not exceed a total of 200 feet² in combined floor area unless site plan approval is issued by the Planning Board. Outdoor tents, trailers or other similar objects or movable storage units shall not be permitted for use as business offices or similar facilities (other than for storage), nor for any residential or housing purposes.

(12) No unregistered and nonfunctioning vehicles shall be kept outdoors upon any lot for more than 30 days.

(13) No inventory, goods, or items may be set or displayed outdoors for the purposes of making or promoting sales at any time.

C. The following uses are permitted, but only upon a site plan review approval by the Town Planning Board:

(1) Churches or other places of worship, convents, and parish houses.

(2) Public or private libraries, museums, private and public schools and instructional centers, nursery schools, kindergartens, and day-care centers.

D. Yardage requirements and setback requirements, density, building and structure height, and coverage regulations are as follows:

(1) All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 25 feet from the exterior boundary lines of the PDA. Other internal PDA setback and yardage requirements shall be as set forth in this chapter for IR zones, except as may otherwise be set forth or required herein.

(2) Density regulations shall require that the PDA maintain a 20% minimum open space standard per lot and a 20% minimum open space standard for the entirety of the PDA.

(3) Buildings shall not exceed three stories and no building or structure shall exceed a height of greater than 45 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents.

E. Roadway, parking, and transportation requirements are as follows:

(1) There shall be a number of parking spaces as required by this chapter, or if no standard or rule applies to the land use applicable within the PDA, then a minimum of two parking spaces for each 200 feet² of floor area for each building, each unless otherwise approved by the Planning Board under site plan review. All parking shall be near or adjacent to the applicable building served, but individual lots may have parking as a primary use when adjacent to or serving a primary use within the PDA or when serving a park and ride or other mode-share transportation form or service.

(2) All parking spaces shall have a minimum width of 8.5 feet, a minimum depth of 18 feet, and a minimum vertical clearance height of seven feet, except handicapped and impaired parking spaces, which shall conform to all code and legal requirements in terms of the number of spaces, their location, and the minimum dimensions thereof.

(3) All sidewalks and pathways, including all building-to-building walkways and picnic areas, shall be constructed and maintained by the owners of the lot(s) upon which any such infrastructure is sited. If and once built, such walkways and sidewalks shall be subject to such trail and walkway specifications and such maintenance agreements as are now or hereafter required or approved by the Town Board, with input from the Town Planning Department and the Town Director of Parks and Recreation.

(4) All vehicular roadways shall be built by the developer and, once proffered to the Town as dedicated roadways and duly accepted by the Town Board, kept and maintained as public highways of the Town of Lansing. The developer and the Town may also agree, in the future, to the dedication of such further or additional roadways or easements as may hereafter be built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to subbase and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all pathways and pedestrian ways shall be constructed in a safe and workmanlike manner in accord with plans approved by the Town Department of Parks and Recreation. All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles.

(5) If a connecting roadway is ever built or proposed to connect the PDA to the Village Circle Area or to lands easterly of the PDA, the same shall be set upon land reserved therefor as shown upon the final plat, and such roadways, if and once built, shall be dedicated in fee by the then owners of the lands adjacent to and affected thereby, all as shown running 60 feet wide easterly and westerly from the cul-de-sac at the end of Dutch Mill Road, with additional utility easements 10 feet wide adjacent to each northerly and southerly boundary line thereof, being more specifically shown as running westerly between Lots 11 and 12 upon the final plat and easterly between Lots 13 and 14 upon the said final plat. Such proposed future roadways shall be and be deemed reserved and dedicated to the Town for future highway purposes unless heretofore or hereafter expressly abandoned by resolution of the Town Board.

(6) If any pedestrian pathway or walking trail is ever built or proposed to connect the PDA to the Village Circle Area, such pathway or trail shall be promptly dedicated to the Town in fee as soon as practical after completion.

F. Landscaping plans and buffering requirements are as follows:

(1) Landscaping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties.

(2) All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over eight inches as measured four feet above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document.

(3) All buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive nonnative species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering.

(4) A minimum landscaped buffer of at least 15 feet shall be preserved or developed, and maintained, around any structure whenever any residential use exists within 100 feet upon any adjoining lot. Existing buildings and improvements shall be grandfathered, but shall come into compliance with this standard when any substantial improvement is made to the lot or to any existing structure, in the reasonable discretion of the Code Enforcement Officer.

(5) Notwithstanding anything allowed in this § 270-68 or by this chapter, the 100-foot wetland buffer area in the southerly area of Lot 10 as shown upon the final plat shall not be disturbed and shall be preserved as a wetland preservation and buffer area. No building or improvements shall occur in such buffer area and a 100-foot setback shall apply to all uses and structures, regardless of any other provision of law or any approval to the contrary.

G. All building materials and construction shall meet New York State Building and Energy Codes.

H. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. Any additional or different lighting, including any new or different lighting plans, shall be subject to approval pursuant to site plan review by the Planning Board.

I. The following requirements apply to the provision of water services, sewer services, and stormwater within the PDA:

(1) All landowners and users of any lands within the PDA must connect to public water and sewer services once available. All connections shall be by proper permit, and designs for connections must be approved by the appropriate authority having jurisdiction. No new lots may be approved for, created within, or added to this PDA unless at least 80% of all existing primary buildings within the PDA are connected to such public facilities.

(2) No certificates of occupancy or compliance shall be issued for any new uses and no PDA amendment or change to the final plat shall be allowed until after appropriate stormwater plans and any required SWPPP are duly approved by the Town and all permanent stormwater facilities and practices are substantially constructed and either dedicated or the subject of a Town-approved stormwater management agreement.

J. Any proposed use not specifically herein allowed is expressly prohibited. Any future plan or proposal not here specifically allowed is prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in this chapter. However, in no event may: i) the open space percentage of 20% be reduced, with such open space measurement to be expressed as a percentage of land that is undeveloped by buildings or impervious surfaces as compared to the total acreage of the PDA; and ii) the wetland buffer area be reduced or subject to disturbance or development.

K. All waterlines and appurtenant infrastructure, along with accompanying easements and rights-of-way, shall be dedicated to the Town Consolidated Water District, the Warren Road Sewer District Extension, and any future benefit district or improvement area created to provide services to or for the PDA. Such dedications shall occur after permit issuance, proper inspection and construction, and acceptance of the said infrastructure by the Town or the applicable district. All such water and sewer lines shall be subject to inspection and testing, and shall be in operational condition at the time of dedication. Such installation, inspections, and operational parameters shall be verified at reasonable times by the Town Engineer and other designees of the Town of Lansing.

L. The area encompassed and rezoned in accordance with this article is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 39.-1-50.2, 39.-1-50.6, 39.-1-50.8, 39.-1-50.12, 39.-1-50.11, 39.-1-50.14, 39.-1-50.10, 39.-1-50.5, 39.-1-50.3, 39.-1-50.1, together with the public highway(s) situate therein, all as shown upon the final plat for the Warren Road Business Park entitled "C.J. Development - Developer, Warren Road Business Park Final Plat, Warren Road, Town of Lansing, Tompkins County, New York" as drawn by T.G. Miller Associates P.C., Thomas J. Miller, LLP, and dated June 13, 1988, as filed in the Tompkins County Clerk's Office upon July 16, 1988, as Instrument No. BF017957-001 (Map Drawer K25) (the "final plat"), all as more particularly described as follows:

Beginning at a point marked by an existing iron pin located at the northwesterly corner of Lot 2 on such Final Plat, said point being 24.75' easterly of the then center line of Warren Road, and thence proceeding

S 75° 39' E a distance of 1,231.0' from said highway center line to a found iron pin located at the northeasterly corner of Lot 6 upon such Final Plat, such pin also being located upon the southerly boundary of lands owned by the Town of Lansing (R.O., TPN 39.-1-38.19), such course passing through iron pins at 24.75', 436.95', 821.95' and 1,221.95'; and thence proceeding

N 14° 42' E a distance of 550.0' to a point in the northwesterly corner of Lot 11 on such Final Plat, passing through a set iron pin 280' demarking the separation line between Lots 12 and 11 as shown upon such Final Plat; and thence proceeding

S 75° 38" E a distance of 656.4', passing through a set iron pin at 361.4' demarking the separation line between Lots 11 and 13 as shown upon such Final Plat; and thence proceeding

S 14° 42' W a distance of 550.5', passing through a set iron pin at 270.5' demarking the separation line between Lots 13 and 14 as shown upon such Final Plat; and thence proceeding

S 75° 39' E a distance of 548.6' to a point marked by a set iron pin in the northeasterly corner of Lot 10 as shown upon such Final Plat; and thence proceeding

S 13° 46' W a distance of 528.0' to a point marked by a set iron pin in the southeasterly corner of Lot 10 as shown upon such Final Plat; and thence proceeding

N 75° 39' W a distance of 1,199.9' to a point marked by an iron pin at the southwesterly corner of Lot 7 as shown upon such Final Plat, said course passing through iron pins at 684.9' and 849.9'; and thence proceeding

S 20° 48' W a distance of 108.1' to a point marked by an iron pin at the southeasterly corner of Lot 5 as shown upon such Final Plat; and thence proceeding

N 75° 29' W a distance of 1,222.9' to a point in the then center line of Warren Road, said course passing through iron pins at 332.0', 702.0' and 1.182.9'; and thence proceeding

N 13° 46' E along the then center line of said Warren Road approximately 632.1' to the point and place of beginning.

M. All utility and waterline easements, and all water main rights-of-way, as shown upon the final plat, shall be and be deemed dedicated to and accepted by the Town, its successors and assigns.

N. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all work sites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the "claims"), including, but not limited to, reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys' fees and expenses arising from or in relation to any claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity.

O. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA No. 2.

§ 270-69 PDA No. 3 - The Eastlake Planned Development Area.

[Added 5-18-2016 by L.L. No. 5-2016]

A. PDA No. 3 shall use all definitions as are applicable to this chapter generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA No. 3 under this § 270-69, the general provisions of this chapter shall apply, as shall all rules and procedures applicable for R1 zones generally, specifically including, but not limited to, rules pertaining to site planning, special permitting, and zoning permits.

B. Except as to Lots 19, 44, 99, and 189, the allowed principal and supplementary or accessory land uses permitted within the PDA are and include all uses as permitted as of right in the R1 zone, except as follows:

(1) Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling of rotary mining, and the like.

(2) The use of land for public or commercial power generation, including as licensed utility providers, shall be prohibited.

(3) Two-family and larger multifamily dwellings are prohibited.

(4) Only one single-family dwelling is allowed per lot. No ECHO housing, residential accessory uses or apartments, or mother-in-law or accessory dwellings or apartments are allowed except as built as an integral part of the single-family dwelling (or its detached garage) and when not part of a stand-alone structure. Retirement, congregate and shared housing facilities are prohibited.

(5) No accessory uses are allowed except traditional professional and home offices where they comply with the requirements set forth for home offices as set forth below.

(6) The keeping of animals (other than traditional household pets), livestock, or chickens shall be prohibited. The keeping or raising of horses or ponies is prohibited, and 4H, animal husbandry, and similar land uses are prohibited.

(7) Government buildings and schools, churches and places of worship, public or private clubs, community residences, youth centers, libraries, museums, nursery schools, day-care facilities, nursing homes, hospitals, health-related clinics, bed-and-breakfast facilities (and similar rental arrangements), and theaters are not permitted.

(8) Farming as a business or commercial activity is not permitted. Roadside stands are prohibited. Traditional noncommercial residential plantings and gardening are allowed.

(9) No use of house trailers, mobile homes, outdoor tents, travel or other trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage, business facilities, or residential purposes on any lot.

C. Home office regulations and requirements are as follows:

(1) Home offices must comply with the following standards:

(a) Such home office does not generate more than 10 additional traffic trips per day.

(b) There are no more than two nonfamily employees.

(c) No more than 30% of the enclosed building space or livable space may be used for nonresidential or rental purposes.

(d) No sales of goods or services to the general public are advertised upon or concerning the property.

(e) No sales of goods or services to the general public occur more than one day per month, such sale is for arts and crafts (and similar goods) created on-premises, and such monthly allowed sale does not generate more than 20 additional traffic trips upon such sale day.

(2) Any preexisting home office use that does not meet the above standards shall be required to obtain a special use permit from the Town Planning Board to remain as a valid preexisting and nonconforming use. The failure to obtain a special use permit within one year of the date of adoption of this chapter shall eliminate all benefits of any preexisting lawful use status and no special use permit shall be so issued.

D. Allowed uses of land for Lots 19, 44, 99, and 189 are as follows:

(1) Lot 19. Shall be an indoor and outdoor recreational use lot known as the Eastlake Recreational Center, and land and any structures thereupon may be used only for indoor and outdoor recreation, related recreational purposes and storage, meeting rooms and meeting hall purposes, and as a general community center for community-based events (and not for general commercial banquets, catering, or reception hall purposes). Recreation includes things like tennis and basketball courts and playgrounds, but does not include stables or the keeping or raising of animals, including, but not limited to, dogs, horses, or ponies.

(a) Business offices and professional offices are permitted within this building upon site plan approval by the Town Planning Board.

(2) Lot 44. Up to four single-family residences are allowed upon this lot. Each residence must be separately owned and owner-occupied and may not be rented on any regular or recurring basis, whether commercially, seasonally, or otherwise.

(3) Lot 99. May be used as a joint home and office space, subject to a maximum floor area of 15,000 feet² (including all levels) and requiring at least one parking space for each 400 feet² of enclosed or floor space. The office space may be leased and subleased. Office use must be for traditional professional or other offices that do not generate high volumes of traffic. Thus, offices that generate such traffic, such as dental or medical clinics, veterinary clinics, hospitals, or real estate offices are prohibited. Any change in the nature of such office use, and any sublease or division of use or interests in the office space (such as renting to two different persons or entities), shall be subject to site plan review by the Town Planning Board. The goals of any site plan review process, and any mitigation or conditions required, shall be focused upon noise, traffic, and maintaining uses and intensities of use as are generally compatible with nearby residential areas. Thus, and by way of nonexclusive examples, attention should be paid to the number of vehicle trips, lighting issues, and signage.

(4) Lot 189. Is limited only to recreational uses and supporting structures; namely, stairs, sheds, and dock spaces along the shoreline of Cayuga Lake. Such use is personal and private to the lot-owners within the PDA and no dock rentals, wharves or wharfage, or anchoring rentals, leases, license, fees, or similar uses or arrangements are permitted.

E. Yardage requirements and setback requirements, density, building and structure height, and coverage regulations are as follows:

(1) All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 60 feet from the roadway center line and 15 feet from all side yards, and 25 feet from the rear yard line. All internal PDA setback and yardage requirements shall be as set forth in this chapter for R1 zones, except as may otherwise be set forth or required herein.

(2) Density regulations shall require that the PDA maintain a 30% minimum open space standard per lot and a 30% minimum open space standard for the entirety of the PDA.

(3) Buildings shall not exceed three stories and no building or structure shall exceed a height of greater than 35 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents.

F. Roadway, parking, and transportation requirements are as follows:

(1) All public-use roadways shall be dedicated public highways, with appurtenant utility easements. The developer and the Town may also agree, in the future, to the dedication of such further or additional roadways, trails, pathways, or easements as may hereafter be created or built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to subbase and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all future pathways and pedestrian ways shall be constructed in a safe and workmanlike manner and, unless to Cayuga Lake, such pathways and pedestrian ways shall be constructed in accord with plans approved by the Town Department of Parks and Recreation.

(2) All parking spaces for Lots 19 and 99 shall have a minimum width of 8.5 feet, a minimum depth of 18 feet, and a minimum vertical clearance height of seven feet, except handicapped and impaired parking spaces, which shall conform to all code and legal requirements in terms of the number of spaces, their location, and the minimum dimensions thereof.

(3) All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles.

(4) All reserved areas for potential future roadways as shown upon the final plat shall remain reserved and unimproved unless heretofore or hereafter expressly abandoned as reserved future roadways by resolution of the Town Board.

G. Landscaping plans and buffering requirements are as follows:

(1) Landscaping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties.

(2) All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over eight inches as measured four feet above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document.

(3) All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive nonnative species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering.

H. All building materials and construction shall meet New York State Building and Energy Codes.

I. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties.

J. Chapter 210, Signs, shall apply, except certain signage is further restricted within the PDA as follows:

(1) Single-family residences shall not post signs greater than four feet² unless granted a permit therefore by the Town.

(2) Home offices are restricted to signage no greater than two feet².

(3) Signs on Lot 99 may not exceed nine feet², and no more than two such signs are allowed unless granted a permit by the Town.

(4) Signs in Lot 19 may not exceed 12 feet², and no more than four such signs are allowed unless granted a permit by the Town or unless they are directional signs or temporary signs related to events that last less than three days.

K. All fuel tanks, water tanks, and similar storage tanks shall be installed fully underground or sited and fully screened in a manner as approved by the Town Planning Board upon site plan review.

L. Any proposed use not specifically herein allowed is expressly prohibited. Any future plan or proposal not here specifically allowed is prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in this chapter. However, in no event may:

(1) The open space percentage of 30% be reduced, with such open space measurement to be expressed as a percentage of land that is undeveloped by buildings or impervious surfaces as compared to the total acreage of the PDA; and

(2) Multiple residences be allowed upon any lot other than Lot 44, except for allowed accessory apartments.

M. The area encompassed and rezoned in accordance with this article is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 42.-1-54.1 through 42.-1-54.27, and the roadways servicing the same, comprising approximately 42 acres of land and being more particularly bounded and described as follows:

Beginning at a point located 3.66' northerly of a highway marker in the westerly line of NYS Route 34 located near the northeasterly corner of Lot 19 as shown upon the Final Plat, and thence proceeding

S 86° 30' 37" W a distance of 3,106.48' to a pin located in the northerly line of Lot 189; and thence continuing

S 86° 30' 37" W a distance of 133.33', more or less, to a point in the easterly shoreline of Cayuga Lake; and thence running

Southerly along the easterly shoreline of Cayuga Lake a distance of 626', more or less, to a point at the southwesterly corner of Lot 139, such point being just westerly of a pin located near the shoreline of Cayuga Lake; and thence running

Easterly a few feet to such pin in the southerly line of Lot 139; and thence proceeding

N 87° 01' 08" E a distance of 94', more or less, to a pin located in the southerly line of said Lot 139; and thence continuing

N 87° 01' 08" E a distance of 498.26' to an indeterminate point, and continuing thereafter an indeterminate distance along the southerly line of the PDA, comprising the southern boundaries of Lots 139 and 109, including as passing twice through the loop road leading down to the lakeside lots along Cayuga Lake, and terminating at a pin located in the southerly line of said Lot 109; and thence continuing

N 86° 29' 09' E a distance of 295.4' along the southerly boundary of said Lot 109 to a pin; and thence proceeding

N 86° 39' 39" E a distance of 487.73' along the southerly boundaries of Lots 109 and 99 to a pin; and thence proceeding

N 86° 40' 40' E an indeterminate distance listed as 220.59' and 701.28' on either side of a match line upon the Final Plat to a pin located in the southerly line of Lot 59; and thence proceeding

N 86° 49' 32" E a distance of 204.88' to a pin; and thence proceeding

N 86° 42' 31' E a distance of 570.71 to a highway monument in the westerly line of NYS Route 34; and thence proceeding

N 12° 15' 42' E a distance of 25.02' to another highway monument in the westerly line of NYS Route 34; and thence proceeding

S 86° 36' 12" W a distance of 373.74' to a pin; and thence proceeding

N 03° 23' 48" W a distance of 24' to a pin; and thence proceeding

N 57° 06' 54' E a distance of 169.89' to a pin located on the municipal boundary line between the Town of Lansing and the Village of Lansing; and thence proceeding

N 35° 35' 12' E a distance of 18.22 feet along such municipal boundary to a point; and thence proceeding

S 86° 36' 12" W a distance of 17.18' to a point in the then approximate center line of a creek; and thence proceeding

Northeasterly along such creek center line an approximate distance of 132.9' to a point, such course also being measured by a chord bearing of N 37° 31' 45" E, and a chord distance of 130.2 feet; and thence running

N 86° 36' 12" E a distance of 202.71' to a pin, passing through a pin at 10'; and thence proceeding

N 09° 56' 43 E a distance of 394.69' to an existing highway monument, then and additional 3.66' along such course to the point and place of beginning; however

Excluding any described lands as are located within the Village of Lansing, and including any roadways servicing the PDA, and incorporating any descriptions of such roadways in any deeds dedicating the same.

N. All utility and waterline easements, and all water main rights-of-way, as shown upon the final plat, shall be and be deemed dedicated to and accepted by the Town, its successors and assigns.

O. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all work sites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the "claims"), including, but not limited to, reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys' fees and expenses arising from or in relation to any claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity.

P. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA No. 3.

§ 270-70 PDA No. 4 - The Horizon Villages Planned Development Area.

[Added 5-18-2016 by L.L. No. 6-2016]

A. PDA No. 4 shall use all definitions as are applicable to this chapter generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA No. 4 under this § 270-70, the general provisions of this chapter shall apply, as shall all rules and procedures applicable for R2 zones generally, specifically including, but not limited to, rules pertaining to site planning, special permitting, and zoning permits. However, allowed uses are limited to the residential and related supporting recreational land uses as described below, in the locations and identified below.

B. The following requirements and standards apply to Lots 39, 40, 41, 42, 44, 45 and 46 as shown upon the final PDA plat:

(1) Only apartment- and townhouse-related residential uses are permitted, with a maximum of three buildings per lot and two units per building. Once sited, no building footprint may be expanded, changed, or relocated unless approved by the Town Planning Board by site plan review. Any change in a building or its occupancy limits, such as, but not limited to, adding bedrooms or separately leasing rooms within a single unit, shall require site plan approval from the Town Planning Board. Each unit shall be operated as a separate and single dwelling unit. Boardinghouses, bed-and-breakfast uses, ECHO housing, and congregate housing are not permitted. No mobile or manufactured homes are permitted in the PDA, and no mobile homes or recreational vehicles shall be used or stored within the PDA.

(2) All buildings and units shall be constructed to have the appearance of a single-family dwelling and the design elements shall be coordinated with nearby buildings and residences. The Town's Code Enforcement Officer is hereby granted the authority to determine whether any maintenance plans, construction plans, or changes to buildings and structures reasonably meet this standard.

(3) Only residential land uses are permitted, and no chickens or livestock may be kept or housed in the PDA. Only traditional household pets are permitted.

(4) No part or portion of any land in the PDA may be used for outdoor storage of goods or inventory.

(5) Yardage requirements and setback requirements, density, building and structure height, and coverage regulations are as follows:

(a) All buildings shall be set back at least 50 feet from the roadway in the front yard, at least 10 feet from each other building, and no less than 10 feet from any boundary lines of the PDA itself. Within the PDA, there are no minimum side yard distances unless the side yard is a PDA boundary line; namely, the westerly lines of Lots 39 and 43, and the easterly lines of Lots 42 and 46 (and the roadway and reserved roadway to the westerly side of the PDA shall be and be deemed a side yard, as the front yards face south and north, respectively, for said lots 39 and 43).

(b) No building shall have a height greater than 30 feet above the natural, average surrounding grade, exclusive of chimneys, vents, and other typical residential rooftop projections.

(c) After the date of adoption of this chapter, the combined lot coverage of buildings, driveways, and parking lots may not exceed 50% of any lot without Planning Board approval by site plan review.

(6) No fences or walls are permitted and no subdivision of any of these PDA parcels is permitted.

(7) Roadway, parking, and transportation requirements are as follows:

(a) All public-use roadways shall be dedicated public highways, with appurtenant utility easements. The developer and the Town may also agree, in the future, to the dedication of such further or additional roadways, trails, pathways, or easements as may hereafter be created or built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to subbase and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all future pathways and pedestrian ways shall be constructed in a safe and workmanlike manner in accord with plans approved by the Town Department of Parks and Recreation.

(b) All parking spaces shall be provided on site in paved parking areas and no street or roadside parking is permitted.

(c) All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles.

(d) The "Future Road" demarked upon the final PDA plat (at the northwesterly corner of the PDA, adjacent to Lot 39 and potentially extending Leslie Lane to the north, shall be and remain a permanent easement to the Town until such time, if any, that the said future roadway easement shall be expressly surrendered by the Town by and express conveyance by deed.

(8) Landscaping plans and buffering requirements are as follows:

(a) Trees shall be preserved to the greatest extent possible. After the date of adoption of this chapter, no tree with a trunk diameter over six inches as measured four feet above grade shall be removed except when necessary in relation to proposed improvements to any lot or for public safety. Such removal shall be noted upon any plan, building permit application, or similar document.

(b) All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive nonnative species shall be permitted).

(9) All building materials and construction shall meet New York State Building and Energy Codes.

(10) Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties.

C. The following requirements and standards apply to Lot 43 as shown upon the final PDA plat:

(1) Lot 43 shall be limited to recreational uses and their supporting structures and appurtenances, such as (but not limited to) storage sheds, parking areas, refreshment booths, lockers, and like facilities. The recreational facilities envisioned include swimming pools, tennis courts, playgrounds, ball fields and courts, and similar facilities for indoor and outdoor recreation.

(2) All new and future improvements and facilities proposed for Lot 43 shall be first subject to Planning Board review and approval by site plan review.

(3) No bulk, yardage, or density restrictions shall apply to Lot 43, except that all improvements shall be set back at least 12 feet from property lines, and no improvements may unreasonably obstruct roadway views at the roadway intersection adjacent to Lot 43.

D. The area encompassed and rezoned in accordance with this article is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 44.-1-38.18, 44.-1-38.19, 44.-1-38.20, 44.-1-38.21, 44.-1-38.22, 44.-1-38.23, 44.-1-38.24, and 44.-1-38.25, and the roadways servicing the same as shown in the final PDA plat (including future roads, sometimes referred to as "reserved roads" or "paper roads"), comprising approximately 11.62± acres of land more particularly bounded and described as follows:

Beginning at a point located in the northerly line of Horizon Drive (extension) at the intersection of the same with Leslie Lane, said point also being the southwesterly corner of Lot 39 as shown upon the Final PDA Plat, and thence proceeding

N 8° 27' E a distance of 275' to a point in the southerly line of Seldon (R.O.), said point being also the northwesterly corner of said Lot 39; and thence proceeding

S 82° 37' E a distance of 900.1' along the northerly line of Lots 39, 40, 41, and 42 of the PDA, to a point marked by a set pipe in the northeasterly corner of said Lot 42; and thence proceeding

S 7° 44' W a distance of 562.5' along the easterly line of the PDA, being also a westerly boundary line of Olafson (R.O.), to a point in the southeasterly corner of Lot 46 of the PDA; and thence proceeding

N 82° 30' W a distance of 844.7' along the southerly line of Lots 46, 45, 44 and 43 of the PDA to a point marked by a pipe set in the easterly highway line of said Leslie Way; and thence proceeding

N 7° 58' E a distance of 200' along the westerly border of Lot 43 to a set iron pipe; and thence proceeding

Northerly across the curbs and width of Horizon Drive (extension) a distance of 87.5± to the point or place of beginning, and also including any roadways and reserved future roadways servicing the PDA or depicted upon the Final PDA Plat, and incorporating any descriptions of such roadways in any deeds dedicating the same.

E. All utility, sewer, and waterline easements and rights-of-way as are filed of record or as are shown upon the PDA final plat shall be and be deemed dedicated to and accepted by the Town, its successors and assigns.

F. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all work sites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the "claims"), including, but not limited to, reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys' fees and expenses arising from or in relation to any claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity.

G. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA No. #4.

§ 270-71 PDA No. 5 - The Woodland Park Planned Development Area.

[Added 5-18-2016 by L.L. No. 7-2016]

A. PDA No. 5 shall use all definitions as are applicable to this chapter generally, and the general and regulatory provisions of this chapter shall also apply, except to the extent the same are varied or altered by this article, including the following:

(1) For the townhouse area, defined as the area on the final PDA plat as buildings 1 through 48 as surrounded by Private Open Space Lot No. 1 and Private Open Space Lot No. 2, and as serviced by Private Road D (the "Townhouse Lot"), all rules and procedures generally applicable to R1 zones, including site planning, special permitting, and zoning permits, shall apply, but the general bulk and density rules, to the extent not otherwise regulated by this § 270-71, shall be governed by R2 classifications under this chapter, § 270-11, Schedule II.

(2) The balance of the lands within PDA No. 5 shall be governed by the rules and procedures applicable for R1 zones generally, including site planning, special permitting, and zoning permits, and including the general bulk and density rules applicable to R1 per Land Use Ordinance, § 270-11, Schedule II, except that:

(a) Lots 1 through 25 are restricted to having only one single-family dwelling upon each lot (the "Residential Lots").

(b) The Private Open Space Lots and Stormwater Management Lots (the "Restricted Use Lots") shall not be further developed except as set forth in this § 270-71, except that Open Space Lot No. 1 and Open Space Lot No. 2 shall not be regulated as Restricted Use Lots and shall instead follow the rules for the Townhouse Lot.

(3) All area reserved for potential future roadways as shown upon the final PDA plat shall remain reserved and unimproved unless hereafter expressly abandoned as easements or as reserved future roadways by resolution of the Town Board.

B. The following land uses are prohibited in PDA No. 5 (despite being allowed uses generally in R1):

(1) Two-family dwellings, multiple dwellings, retirement housing, shared housing, ECHO housing, mobile or manufactured homes, or seasonal cabins or cottages.

(2) Government buildings, schools, community residences, public or private clubs, youth centers, libraries, and museums.

(3) 4H and animal husbandry, roadside stands, bed-and-breakfast facilities, nursery schools, day-care facilities, the keeping or raising of horses or ponies, and the keeping or raising of chickens. The keeping of any animals other than traditional household pets is prohibited.

(4) Commercial solar, wind, or energy production facilities, or any energy production facilities intended to be used, sold, or credited to or for off-site use.

(5) Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling or rotary mining, and the like.

(6) No residential accessory apartments, or mother-in-law or accessory dwellings or apartments are allowed except as built as an integral part of the single-family dwelling (or its detached garage) and when not part of a stand-alone structure.

(7) Farming as a business or commercial activity is not permitted, but traditional noncommercial residential plantings and gardening are allowed.

(8) No use of house trailers, mobile homes, outdoor tents, travel or other trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage, business facilities, or residential purposes on any lot.

(9) Traditional professional and home offices are allowed when they comply with the requirements set forth for home offices as set forth below.

C. Special home office and home occupation regulations and requirements are as follows:

(1) Home offices must comply with the following standards:

(a) Such home office does not generate more than 10 additional traffic trips per day.

(b) There are no more than two nonfamily employees.

(c) No more than 30% of the enclosed building space or livable space may be used for nonresidential or rental purposes.

(d) No sales of goods or services to the general public are advertised upon or concerning the property.

(e) No sales of goods or services to the general public occur more than one day per month, such sale is for arts and crafts (and similar goods) created on-premises, and such monthly allowed sale does not generate more than 20 additional traffic trips upon such sale day.

(2) Any preexisting home office use that does not meet the above standards shall be required to obtain a special use permit from the Town Planning Board to remain as a valid preexisting and nonconforming use. The failure to obtain a special use permit within one year of the date of adoption of this chapter shall eliminate all benefits of any preexisting lawful use status and no special use permit shall be so issued.

D. Special regulations for the Townhouse Lot are as follows:

(1) Landscaping and yardage sloping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties.

(2) All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over eight inches as measured four feet above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document.

(3) All planted buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive nonnative species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering.

(4) All building materials and construction shall meet New York State Building and Energy Codes.

(5) All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 25 feet from the roadway center line and all boundaries of the Townhouse Lots. A 30% minimum open space standard shall apply to the Townhouse Lot. Buildings shall not exceed three stories and no building or structure shall exceed a height of greater than 35 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents.

(6) No structures or buildings shall be placed upon the land except within the footprint of the individual townhouse lots numbered 1 through 48, except that i) nonpermanent and typical residential accessories, such as birdhouses, small single-unit use playgrounds or swings, and similar nonpermanent structures are permitted; ii) small pet enclosures shall be permitted, including fencing not taller than six feet and not enclosing an area greater than 625 feet², unless approved by the Code Enforcement Officer and, if applicable, approved pursuant to any then applicable covenants or rules; iii) small, traditional residential gardens and enclosures for the same to protect them from wildlife predation; and iv) trails and pathways with natural permeable surfaces are permitted. No aboveground or other types of swimming pools are permitted. Common or community-based improvements for general recreational purposes are permitted in Private Open Space Lot No. 1 upon the receipt of a site plan approval by the Town of Lansing Planning Board.

(7) The roadway servicing the Townhouse Lot shall be a private roadway maintained by the owners of townhouse units 1 through 48, and said roadway shall be at all times maintained at a sufficient width and in a sufficient condition as to provide for safe and efficient emergency access to all areas upon the Townhouse Lot by fire trucks and emergency vehicles. If any security gates or controls are installed to impede or restrict access to the Townhouse Lot, the Town of Lansing Code Enforcement Officer and the Fire Chief of the applicable Fire Departments (or similar official) shall each have keys or emergency access devices to bypass any gate or security features or devices, and a lock box shall be installed near to each such gate or access control device as meets the requirements of Chapter 137, Fire Prevention, Article I, Rapid Access Lock Boxes, of the Code of the Town of Lansing.

(8) The appearance of any gate or security device installed to limit access to the Townhouse Lot shall be architecturally congruent with the townhouse coloration and designs as shown in the PDA development plan, or as otherwise approved by the Town Code Enforcement Officer, upon the advice and consent of the Fire Chief and Town Highway Superintendent.

(9) No signs, except small, standard realtor or owner signs advertising a sale, shall be permitted on any lot or in any manner as is publicly visible.

(10) Each Townhouse Lot shall have at least one parking space in an attached garage and room for parking one additional passenger vehicle on a pad designed for such purpose that is part of or adjacent to the driveway for such unit.

(11) No unlicensed or commercial motor vehicles may be placed upon any lot unless within a garage, and no boat, trailer, camper, pod, truck storage unit, or motor home shall be permitted on any lot unless kept in a garage and in compliance with any then applicable covenants or rules for the Townhouse Lots.

E. Special regulations for the residential lots are as follows:

(1) Only single-family residences are allowed.

(2) All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over eight inches as measured four feet above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document.

(3) All building materials and construction shall meet New York State Building and Energy Codes.

(4) Lots 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25 shall also be governed by the special wetlands protection rules and regulations (Subsection G, below).

F. Special regulations for the restricted use lots are as follows:

(1) No buildings or improvements are permitted upon any restricted use lots, and each of the same shall be maintained in their natural state, except for the following improvements or structures:

(a) Stormwater facilities and devices approved by the Town of Lansing, or by or for any applicable drainage district, in accord with stormwater needs or regulations, any DEC general permit, any SWPPP, or to otherwise manage flooding and stormwater in accord with now or hereafter applicable regulations and requirements of the DEC and EPA.

(b) Upon receipt of a site plan approval from the Town of Lansing Planning Board, Private Open Space Lot No. 3 shall be permitted to have trails and related small-scale structures, such as foot bridges to cross boggy or wet areas, but all such trails and small-scale structures shall be made of natural materials, pathways shall be made of permeable natural materials, no footbridge or any small-scale structure shall have a foundation or footer, and any disruption of any jurisdictional wetlands shall require any necessary wetland permits.

(c) Utility lines and appurtenances, when such locations are approved by the utility provider, any and all needed permits for installation or use are obtained, and the Town Highway Superintendent, upon the advice and consent of the Town's Stormwater Management Officer, has approved the same, their method of installation, and their location(s).

G. Special wetlands protection regulations are as follows:

(1) PDA No. 5 currently contains approximately 5.98 acres of federally regulated jurisdictional wetlands, as mapped and duly delineated upon the final PDA plat, as further identified in a delineation and report from Terrestrial Environmental Specialists, Inc., dated July, 2010 (the "baseline wetlands").

(2) No improvements, structures, installations, or land disturbances are permitted within any baseline wetlands, including: i) on the residential lots at Lot Nos. 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25; and ii) for Private Open Space Lot No. 3, but subject to the allowances and exceptions set forth above for Private Open Space Lot No. 3 as one of the restricted use lots.

(3) Only stormwater facilities approved by the Town of Lansing and small, residential surface gardens shall be installed within 25 feet of any baseline wetland boundary or border, in each case subject to any wetland or other permits or permit requirements.

(4) Any facility, device, disturbance, or other use or improvement that is proposed to be installed in violation of the above use and distance restrictions may be allowed only upon receipt of:

(a) A use variance for improvements within or touching in any part upon any baseline wetlands; or

(b) An area variance for reducing the buffering, no-build zone adjacent to baseline wetlands; and

(c) In each case subject to any wetland or other permits or permit requirements.

H. Roadway or roadside pathways.

(1) Pedestrian and bicycle pathways may be installed, marked, improved, or designated adjacent to any public highway upon a plan and construction plan as approved by the Town Department of Parks and Recreation, upon the advice and consent of the Town Highway Superintendent.

(2) No such pathway shall be in excess of four feet wide, and under no circumstances may any pathway be used, improved, or installed in any manner as damages or interferes with the roadway surface, the shoulders supporting such roadway, any stormwater facilities or drainage, or as would create an obstacle that obscures line-of-sight vision along any such public highway, at any intersections upon any such public highway, or as would interfere with a safe lane of exit from the roadway in the event of an emergency, which shall include both: i) a "clear zone" or "clear area for recovery"; and ii) a safe "lateral offset to obstruction distance," which in no event should be less than 1.5 feet, each as defined by AASHTO, the NYSDOT highway design and related manuals and guidelines, and USDOT-Federal Highway Administration regulations and guidelines.

I. Lighting, other than residential site and facility lighting, shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties.

J. Any proposed use not specifically herein allowed is expressly prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in this chapter.

K. The area encompassed and rezoned in accordance with this article is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 41.-4-1 through 41.-4-50 and 41.-3-1 through 41.-3-32 (including roadway parcels 41.-3-29.1 and 41.-3-29.2), and including the roadways servicing the same, comprising approximately 59.984 acres of land and being more particularly bounded and described as follows:

BEGINNING at a point in the center line of Hillcrest Road, which point is the southwesterly corner of lands now or formerly of Snyder (817/226); and thence proceeding

S 83° 34' 44" E a distance of 252.25', passing through an existing iron rod at the highway boundary of said Hillcrest Road, to an existing iron rod demarking the southeasterly corner of said premises of Snyder (R.O.); and thence proceeding

N 07° 24' 19" E a distance of 679.20' to a found iron rod located in the southerly line of lands now or formerly of Gregory Graffin Living Trust (Inst. #531416-001); and thence proceeding

S 82° 57' 28" E a distance of 1,282.55' to a found iron pin demarking the southeasterly corner of lands now or formerly of McGrath (Inst. #509157-001); and thence proceeding

N 07° 18' 22" E a distance of 420.61' to found iron pin demarking the northwesterly corner of Private Open Space Lot #3 (within PDA #5); and thence proceeding

S 83° 51' 38' E a distance of 605.01', passing through a found iron rod at the highway edge of Warren Road, to a calculated point in the center line of Warren Road; and thence proceeding

Southerly along the center line of said Warren Road along a line S 07° 40' 54" W a distance of 1,749.99' to a calculated point in the center line of Warren Road, said point being the southeasterly corner of PDA #5; and thence proceeding

N 82° 59' 32" W a distance of 1,610.16' to a calculated point in the center line of said Hillcrest Road; and thence proceeding

N 81° 01' 31" W a distance of 218.62' to an existing iron pipe demarking an inside corner of lands now or formerly of Krizek (inst. #450138-001); and thence proceeding

N 08° 21' 08" E a distance of 234.95' to a calculated point in the center line of said Hillcrest Road; and thence proceeding

Northwesterly along the center line of said Hillcrest Road along a line N 30° 56' 49" W a distance of 155.99' to a calculated point in said center line; thence continuing

Northwesterly along the center line of said Hillcrest Road along a line N 29° 18' 55" W a distance of 349.19' to a calculated point in said center line, being the point and place of beginning, encompassing in total 59.984± acres.

L. The landowners and residents within the PDA assume sole responsibility for the land development activities within the PDA and all work sites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners and residents, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the "claims"), including, but not limited to, reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys' fees and expenses arising from or in relation to any claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity.

M. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA No. 5.

§ 270-72 Severability; interpretation.

If the provisions of any article, section, subsection, paragraph, subdivision, or clause of this chapter shall be adjudged invalid by a court or other tribunal of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. Any such invalidity shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such order or judgment shall have been rendered. Section and other headings are for reference and convenience only and shall not be deemed or construed to limit or define the requirements of clauses set forth thereunder.