[Amended 10-8-2024 by L.L. No. 3-2024]
A.
Establishment.
(1)
There is hereby established a Board of Zoning Appeals consisting
of five persons who shall function in the manner prescribed by law.
(2)
The members of the Board of Zoning Appeals shall be residents of
the Town of Ulysses and shall be appointed by the Town Board to serve
staggered terms of five years. Vacancies occurring in said Board by
expiration of term or otherwise shall be filled in the same manner.
(3)
All Board members must comply with Town Law § 267, Subdivision
7-a, as to noncompliance with minimum requirements relating to attendance
and training as established by the Town Board.
(4)
The Town Board shall designate the Chairman of the Board of Zoning
Appeals. The Board of Zoning Appeals shall choose its Vice Chairman,
who shall preside in the absence of the Chairman. In the absence of
both the Chairman and the Vice Chairman, the Board of Zoning Appeals
shall choose one of its number as acting Chairman. Such Chairman,
or the party acting in his or her stead during his or her absence,
may administer oaths and compel the attendance of witnesses.
(5)
There may be appointed additionally up to two alternate members of
the Board Zoning of Appeals. Alternate members shall be appointed
by resolution of the Town Board for terms established by the Town
Board.
(6)
The Chairperson of the Board Zoning of Appeals shall designate an
alternate member to substitute for a regular member in the event that
a regular member is unable or unwilling to vote because of a conflict
of interest, recusal, absence, abstention, or any other reason and
an alternate member is present at the meeting when the designation
takes place.
(7)
To the extent this provision is inconsistent with Town Law § 267,
Subdivision 11, it is intended to supersede such section, in accordance
with Municipal Home Rule Law § 10(1)(ii)d(3). All other
rights, responsibilities and procedures related to alternate members
set forth in said § 267 shall apply.
(8)
The Board of Zoning Appeals shall appoint a secretary who shall take
minutes of all its meetings and keep its records.
(9)
The Board of Zoning Appeals shall adopt from time to time such rules
and regulations as it may deem necessary to carry into effect the
provisions of this chapter, and all its resolutions and orders shall
be in accordance therewith.
(10)
The Board of Zoning Appeals shall act in accordance with the
provisions hereinafter contained in this section, hold public hearings
to determine appeals from any refusal of a building permit or statement
of compliance by the Zoning Officer, or review any order, decision,
interpretation or refusal thereof of the Zoning Officer, where such
order or decision is based upon the requirements of this chapter.
An appeal must be made within the time prescribed by the rules of
the Board of Zoning Appeals. All Board of Zoning Appeals procedures
shall comply with Town Law § 267-a, as amended from time
to time. Notice of public hearings shall, in addition to all other
requirements for publication of a hearing notice pursuant to the laws
of the State of New York, be posted on the subject property in a manner
that is readily visible to the public from the nearest adjacent public
road at least 10 days prior to the subsequent public hearing.
(11)
All permitted actions by the Board of Zoning Appeals shall comply
with Town Law § 267-a, as amended from time to time.
B.
Area variances. The Board of Zoning Appeals may hear an appeal for
an area variance to relieve dimensional or similar requirements. In
considering the grant of an area variance, the Board shall comply
with the criteria for the granting of such variances set forth in
Town Law § 267-b, as amended from time to time.
C.
Use variances. The Board of Zoning Appeals may hear an appeal for
a use variance to consider allowing a use not permitted by this chapter.
In considering the grant of a use variance, the Board shall comply
with the criteria for the granting of such variances set forth in
Town Law § 267-b, as amended from time to time.
D.
Interpretation. The Board of Zoning Appeals may hear and decide appeals
from and review any order, requirement, decision, interpretation or
determination made by the administrative official charged with the
enforcement of this chapter in accordance with Town Law § 267-b,
as amended from time to time.
A.
The Planning Board is hereby charged with carrying out the functions
provided for in § 274-a of Town Law: to review and approve,
approve with modification and conditions, or disapprove site plans.
The Planning Board is charged with carrying out the functions provided
for in § 274-b of Town Law: to grant special permits. The
Planning Board may be charged with additional specific activities
by resolution of the Town Board.
B.
The Planning Board may review and provide written comments on all
variance applications to the Board of Zoning Appeals for projects
that would be subject to Planning Board review and approval if the
variance is granted. If providing written comments, the Planning Board
shall submit said comments no less than five calendar days prior to
the public hearing for the zoning variance application.
C.
There is hereby established a Planning Board consisting of five persons
who shall function in the manner prescribed by law.
D.
The members of the Planning Board shall be residents of the Town
of Ulysses and shall be appointed by the Town Board to serve staggered
terms of five years. Vacancies occurring in said Board by expiration
of term or otherwise shall be filled in the same manner.
E.
All Board members must comply with Town Law § 271, Subdivision
7-a, as to noncompliance with minimum requirements relating to attendance
and training as established by the Town Board.
F.
The Town Board shall designate the Chairman of the Planning Board.
The Planning Board shall choose its Vice Chairman, who shall preside
in the absence of the Chairman. In the absence of both the Chairman
and the Vice Chairman, the Planning Board shall choose one of its
number as acting Chairman. Such Chairman, or the party acting in his
or her stead during his or her absence, may administer oaths and compel
the attendance of witnesses.
G.
There may be appointed additionally up to two alternate members of
the Planning Board. Alternate members shall be appointed by resolution
of the Town Board for terms established by the Town Board.
H.
The Chairperson of the Planning Board shall designate an alternate
member to substitute for a regular member in the event that a regular
member is unable or unwilling to vote because of a conflict of interest,
recusal, absence, abstention, or any other reason and an alternate
member is present at the meeting when the designation takes place.
I.
To the extent this provision is inconsistent with Town Law § 271,
Subdivision 15, it is intended to supersede such section, in accordance
with Municipal Home Rule Law § 10(1)(ii)d(3). All other
rights, responsibilities and procedures related to alternate members
set forth in said § 271 shall apply.
J.
The Planning Board shall appoint a secretary, who shall take minutes
of all its meetings and keep its records.
K.
The Planning Board shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this
chapter and all its resolutions and orders shall be in accordance
therewith.
A.
Purpose and establishment. The purpose of this section is to set
forth regulations, procedures, and conditions that apply to certain
permitted uses that, because of size, intensity, or other special
factors, warrant special evaluation of each individual case. The Planning
Board is hereby charged with carrying out the review and approval
functions provided for in Town Law § 274-b: to grant special
permits as set forth in this chapter.
B.
Applicability. The requirements set forth in this section shall apply
to all construction, activities, uses, or developments that are referred
to elsewhere in this chapter as being allowed only upon receipt of
a special permit. Before a building permit can be issued for any of
the structures or activities for which a special permit is required,
such a permit shall be obtained in accordance with these and other
applicable provisions. Any change of use of an existing structure
to a use that requires a special permit shall be subject to the requirements
of this article.
C.
Procedure.
(1)
Activities or uses that require a special permit also require site plan review and approval. Application for a special permit shall be made on a form provided by the Town, in addition to the site plan review requirements in § 212-19. The application for special permit shall not be deemed complete until all of the materials are received by the Zoning Officer and the requirements of SEQR have been met.
(2)
Upon receipt of a complete application, the Planning Board shall
hold a public hearing in accordance with the provisions of Town Law
§ 274-b or any similar or successor applicable statutes
and shall render a decision approving, approving with conditions,
or denying the special permit. Such hearing may be combined with any
other hearing relating to the same proposal (e.g., site plan approval
and special permit hearings may be combined).
(3)
In making its decision, the Planning Board shall have the power to
impose conditions and restrictions as authorized by Town Law § 274-b
or any similar or successor applicable statutes.
D.
Waiver of requirements. The Planning Board may waive one or more
of the normal application requirements when it determines that the
particular circumstances do not require all of the full application
materials for adequate consideration of the request for special permit.
E.
Considerations for approval. The Planning Board's determination of
an application for special permit shall include findings consistent
with any special criteria set forth in this chapter relating to the
specific use or activity for which approval is being sought, and shall
also include as appropriate, but shall not be limited to, findings
that the following standards have been met:
(1)
The health, safety, morals and general welfare of the community in
harmony with the general purpose of this chapter (including the specific
purposes related to the zone in which the premises are located) are
being promoted.
(2)
The premises are reasonably adapted to the proposed use, and such
use will fill a neighborhood or community need, except that all publicly
owned or educational buildings are deemed to be adapted to the proposed
use and are deemed to fill a neighborhood or community need.
(3)
The proposed use and the location and design of any structure will
be consistent with the character of the zone in which it is located.
(4)
The proposed use will not be detrimental to the general amenity or
neighborhood character in amounts sufficient to devalue neighboring
property or seriously inconvenience neighboring inhabitants.
(5)
Operations in connection with the proposed use will not be more unreasonably
objectionable to nearby properties by reason of noise, fumes, vibrations,
illumination, or other potential nuisance, than the operation of any
permitted use in the particular zone, except that as to all public
buildings, churches, and educational institutions the determination
shall be whether the presumed benefit of such a use is outweighed
by the objectionable impacts of such use on nearby properties.
(6)
Community infrastructure and services, including, but not limited
to, protective services, roadways, garbage collection, schools, and
water and sewer facilities are currently, or will be, of adequate
capacity to accommodate the proposed use.
(7)
The proposed use, building design, and site layout comply with all
the provisions of this chapter and, to the extent considered by the
Planning Board, with other regulations and ordinances of the Town,
with the Building Code and all other state and federal laws, rules
and regulations, and with the Town's Comprehensive Plan.
(8)
The proposed access and egress for all structures and uses are safely
designed and the site layout provides adequate access for emergency
vehicles.
(9)
The general effect of the proposed use upon the community as a whole,
including such items as traffic load upon public streets and load
upon water and sewerage systems, is not detrimental to the health,
safety and general welfare of the community, except that as to all
public, religious and educational uses, the determination shall be
whether the presumed benefit of such a use is outweighed by the detrimental
effect of the proposed use upon the health, safety, and general welfare
of the community.
(10)
The lot area, access, parking, and loading facilities are sufficient
for the proposed use and access, parking and loading facilities are
adequately buffered to minimize their visual impact.
(11)
Natural surface water drainage is adequately managed in accordance with good engineering practices and in accordance with any applicable Town local law or ordinance, including Chapter 156, Stormwater Management and Erosion and Sediment Control, and existing drainageways are not altered in a manner that adversely affects other properties.
(12)
To the extent reasonably deemed relevant by the Planning Board,
the proposed use or structure complies with all the criteria applicable
to site plan review set forth in this chapter.
F.
Modifications of special permit. A special permit that has been issued may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this section, and the procedures applicable to such application shall be the same as are applicable to an initial application for a special permit. Notwithstanding the foregoing, no approval shall be required if the change is a modification set forth in § 212-19K, Modifications to approved site plans, as not requiring approval of a modification to a site plan. The waiver of the requirement for approval of a modification to a special permit is subject to the same conditions, and subject to the same limitations as pertain to modifications to approved site plans.
G.
Expiration of special permit. A special permit shall be deemed to
authorize only the particular use or uses specified therein. Unless
otherwise specified by the Planning Board, a special permit shall
automatically lapse and expire 18 months after the date the decision
is filed if the applicant fails to obtain a building permit or fails
to comply with the conditions of the special permit, unless the applicant's
failure to obtain a building permit is as a result of a lawsuit brought
to challenge the special use permit, in which case the eighteen-month
time allowed to secure a building permit shall only start to run from
the date of a final decision, order or judgment of a court of competent
jurisdiction upholding the validity of the special permit. A special
permit shall expire if the use or uses cease for any reason for more
than 12 consecutive months. A special permit may be revoked by the
Planning Board if the conditions of the special permit are violated.
A special permit shall run with the land and can be transferred to
successive property owners, unless the permit has expired or has been
revoked for failure to meet the permit conditions.
A.
Purpose and establishment. The purpose of this section is to provide
for the review and approval of development plans to ensure that land
development occurs in harmony with surrounding uses, without adversely
impacting neighboring parcels, property values, public facilities,
infrastructure, or the natural environment. The Planning Board is
hereby charged with carrying out the review and approval functions
provided for in Town Law § 274-a: to review and approve,
approve with modifications and conditions, or disapprove site plans.
B.
Applicability. The requirements set forth in this section shall apply
to all construction, activities, uses, or developments that are referred
to elsewhere in this chapter as requiring site plan approval. Before
a building permit can be issued for any of the structures for which
site plan review is required, a site plan must be approved by the
Planning Board in accordance with these and other applicable provisions.
No building permit shall be issued for any proposed improvements that
would be in violation of use restrictions, required yard setbacks,
lot coverage limits or any other provisions of this chapter. Any change
of use of an existing structure to a use that requires site plan approval
shall be subject to the requirements of this article.
C.
Procedure.
(1)
Sketch plan conference. The sketch plan conference with the Planning
Board shall precede the submission of a detailed site plan. The purpose
of the sketch plan conference is to allow the Planning Board to review
the basic site design concept, provide the applicant with constructive
suggestions, and generally to determine the information to be required
in the detailed site plan.
(2)
A sketch plan conference will be scheduled with the Planning Board,
no sooner than one week after the Zoning Officer deems the sketch
plan materials are complete. The applicant must submit the following
materials:
(a)
Completed and signed application form, including a description
of proposed project;
(b)
Payment of all application fees, based on the most recent fee
schedule adopted by the Town Board;
(c)
Completed and signed Part I of the short environmental assessment
form (SEAF) or full environmental assessment form (FEAF), whichever
is required;
(d)
Completed and signed agricultural data statement (for properties
containing or within 500 feet of a farm operation located in a County-designated
Agricultural District);
(e)
Written approval from the owner to submit the sketch plan, if
not the owner of the land under consideration;
(f)
Digital and nine paper copies of the following materials:
[1]
Brief narrative and preliminary concept showing the locations
and dimensions of principal and accessory buildings, parking areas,
and other planned features and any anticipated changes in the existing
topography and natural features;
[2]
Sketch or map of the area which clearly shows the location of
the site with respect to nearby streets, rights-of-way, properties,
easements and other pertinent features within 300 feet;
[3]
Topographic or contour map to adequate scale and detail to show
site topography and natural features such as unique natural areas,
critical environmental areas, and all streams and wetlands or evidence
of these such as hydric soils or vegetation indicative of wetlands;
[4]
Conceptual stormwater management plan consistent with local
law that outlines the approach to manage runoff and its post-construction
treatment on the site. A stormwater pollution prevention plan does
not have to be submitted at this time.
[5]
Location of proposed septic system.
(g)
Location of all existing streams, drainageways, water bodies,
wetlands and underground agricultural drain tile and piping.
(3)
At the sketch plan conference, based upon the information provided,
the Planning Board will determine any and all additional information
required in the application for approval of a detailed site plan,
and whether a public hearing will be required. By the conclusion of
the next regularly scheduled meeting after the completion of the sketch
plan conference, the Chair of the Planning Board shall provide, in
writing, a detailed list of necessary materials to be included in
an application for a detailed site plan.
(4)
At the completion of the sketch plan conference, the Planning Board
will determine which of the following public notices will be required:
(a)
Signage provided by the Zoning Officer to be posted at the site
by the applicant in a manner that is readily visible to the public
from the nearest adjacent public road at least 10 days prior to subsequent
review of the site plan materials;
(b)
Notice of site plan review (or public hearing) to be mailed
to the owners of record as of the last filed assessment roll within
500 feet of the subject property at least five days prior to the date
of the meeting; or
(5)
The Planning Board may, in appropriate cases, waive further site
plan review based upon the information provided in the sketch plan
after review of the same.
(6)
Detailed site plan materials shall be reviewed by the Zoning Officer
in order to determine completeness. When deemed complete, the Zoning
Officer will schedule a site plan review meeting and public hearing,
if required by the Planning Board.
(7)
The applicant shall supply all necessary materials for site plan
review, including digital and paper copies of plans as required by
the Zoning Officer.
D.
Site plan information required.
(1)
At or following the sketch plan conference, the Planning Board may
request that the applicant provide more information, including, but
not limited to, any or all of the items from the following list. In
determining the information it will require, the Board may consider
the type of use, its location, and the size and potential impact of
the project.
(2)
Site plan checklist:
(a)
Names and addresses of all owners of record.
(b)
A detailed site plan showing all integral elements within 300
feet of the proposed project site, including, but not limited to:
[1]
Property lines for the site, including metes and bounds;
[2]
Locations of adjacent public and private streets and highways;
[3]
Approximate size and locations of all existing and proposed
buildings and structures, including locations of access drives, parking
and pedestrian facilities, and off-street loading facilities;
[4]
Existing vegetation and proposed landscaping;
[5]
Existing and proposed overhead and underground utilities;
[6]
Location and design of all water and sewerage facilities;
[7]
Location of all existing streams or drainageways, water bodies,
wetlands, and drain tile (if available);
[8]
Elevation plans at an appropriate scale for all exterior facades
of the proposed structure(s) and/or existing facades, plus addition(s)
showing design features;
[9]
Proposed exterior lighting; and
[10]
Number of parking spaces existing and required
for all intended uses.
(c)
Stormwater pollution prevention plan, as required by local law.
(d)
Site topography showing contours at an interval appropriate
for the site. A two-foot interval is recommended.
(e)
For all uses except single- and two-family residences:
(3)
In addition to the above, the Planning Board may require other information
related to the proposal, including, but not limited to:
(a)
A detailed traffic study for large developments or developments
in heavy traffic areas, to include:
[1]
The number of motor vehicle trips projected to enter or leave
the site, estimated daily and peak-hour traffic levels;
[2]
The projected traffic flow pattern, including vehicular movements
at all major intersections likely to be affected by the proposed use
of the site; and
[3]
The impact of this traffic upon existing abutting public and
private ways in relation to existing road capacities (existing and
proposed daily and peak-hour traffic levels as well as road capacity
levels shall also be given).
(b)
A historical and cultural resources study completed to standards
set forth by the State Historic Preservation Office.
E.
Action on site plan review application; site inspections. The Planning
Board (individually or as a group), and any such persons as they may
designate, may conduct such examinations, tests, and other inspections
of the site deemed necessary and appropriate.
(1)
Public hearing.
(a)
The Planning Board may hold a public hearing, which shall be
conducted within 62 days from the day the site plan materials are
deemed complete by the Zoning Officer;
(b)
In determining whether a public hearing is necessary, the Board
shall be guided by the expected level of public interest in the project;
(c)
Applicants may request a public hearing. When an applicant requests
a public hearing, no site plan review may be disapproved without such
a hearing;
(d)
The applicant shall be informed of the public hearing date by
the Zoning Officer at least 10 days before said hearing;
(e)
Notice of the public hearing shall be advertised in the official
newspaper at least five days prior to the date of said public hearing,
and the applicant shall be billed by the official newspaper; and
(f)
Notice of the public hearing shall be mailed to the owners of
record as of the last filed assessment roll within 500 feet of the
subject property at least five days prior to the public hearing.
(2)
Review criteria. The Planning Board's review of the site plan shall
include, but is not limited to, the following considerations:
(a)
Location, size, and design of proposed buildings, landscaping,
lighting, open spaces and buffers, and outdoor waste facilities;
(b)
Location and adequacy of vehicular access and circulation, including
intersections, road widths, pavement surfaces, off-street parking
and loading areas, and traffic controls;
(c)
Location and adequacy of pedestrian and bicycle facilities and
appropriate provisions for persons with disabilities;
(d)
Potential effect of the proposed development on environmentally
sensitive features within the site, such as stream courses, steep
slope areas, mature woodlands, wetlands, and other bodies of water;
(e)
In the case of multiple residence site plans, location and adequacy
of any proposed open space and recreational facilities;
(f)
Protection of adjacent neighboring properties from any undue
disturbance, such as may be caused by excessive or unreasonable noise,
glare, vapors, smoke, fumes, dust, or odors;
(g)
Adequacy of stormwater and drainage facilities;
(h)
Adequacy of water supply and sewage disposal facilities;
(i)
Adequacy of the site layout for beneficial coordination with
adjacent properties with respect to pedestrian and vehicular traffic,
recreational, space and undeveloped or open space; and
(j)
Compliance with this chapter and any other applicable Town rules
and regulations and policies.
(3)
Approval criteria.
(a)
No approval or approval with conditions shall be granted until
the Board determines that the applicant is in compliance with all
other provisions of this and other ordinances.
(b)
The project shall be sited and designed so as to be harmonious
with the surrounding area and not interfere with the development,
use, and enjoyment of adjacent property. In areas where agriculture
is permitted use, the project should not have a significant adverse
impact upon the agricultural use of neighboring properties.
(c)
The project shall promote building design that responds to the
surrounding neighborhood and demonstrates respect for surrounding
historic resources, while allowing for a diversity of architectural
styles and original and distinctive design approaches.
(d)
The project shall ensure safe and efficient access for all site
users, including pedestrians, cyclists, transit passengers, the mobility
impaired, and motor vehicles, as applicable.
(e)
The project shall be located, designed, and/or managed to meet
its anticipated travel demand, and shall include reasonable efforts
to minimize single-occupancy vehicle trips, reduce vehicle miles travelled,
and promote transportation alternatives.
(f)
The project shall provide for the adequate protection of significant
natural, cultural, heritage, and scenic assets on or near the site.
(g)
The project contributes to existing pedestrian-oriented rights-of-way
in relation to the public realm and streetscape.
(h)
The project shall utilize plant materials that are capable of
withstanding the climatic conditions of Ulysses and the microclimate
of the site, and shall be planted so as to maximize prospects for
healthy growth.
(i)
The project shall make for the most efficient use of land and
municipal services, utilities, and infrastructure.
(j)
Buildings should be oriented to maximize the ability for passive
and active solar collection.
(k)
Roofs should be structurally capable of supporting solar collectors.
(l)
Buildings should not impede solar access of neighboring parcels.
(m)
The Planning Board shall make a decision on the site plan within
62 days after the public hearing, or 62 days after the site plan application
materials are received and deemed complete if no hearing is required.
The time within which the Planning Board must render its decision
may be extended by mutual consent in writing of the applicant and
the Planning Board. The decision of the Planning Board shall be filed
in the Town Clerk's office within five business days after such decision
is rendered, and a copy thereof mailed to the applicant.
F.
Consultation on proposed site plan.
(1)
At its sole discretion, the Planning Board may consult with agencies
or individuals, including, but not limited to, the Zoning Officer,
Fire Commissioners, Agriculture Committee, Conservation and Sustainability
Advisory Committee, Commissioner of Public Works, other local and
county officials, in addition to representatives of federal and state
agencies, including the USDA Natural Resource Conservation Service,
Tompkins County Soil and Water Conservation District, the State Department
of Transportation, and the State Department of Environmental Conservation.
(2)
Consultation where fees are involved requires approval by the Town
Board. These fees shall be borne by the applicant.
G.
Submission of final detailed site plan.
(1)
After receiving approval, with or without conditions, from the Planning
Board on a site plan, the applicant shall submit a final, detailed
site plan to the Zoning Officer for verification before a building
permit will be issued.
(2)
If more than 12 months has elapsed between the time of the Planning
Board's decision on the proposed site plan and the submission of the
final detailed site plan, the Planning Board may require a resubmission
of the proposal.
H.
Waiver of requirements for site plan approval. When considering a proposed site plan, whether it is a sketch plan, preliminary site plan or final site plan, the Planning Board may waive one or more items or design details of the plan that are otherwise normally required under Article III, § 212-19D, to be shown on the plan, if in its discretion it determines that the lack of such information is not a hindrance to its consideration of the proposed site plan.
I.
Performance guarantee.
(1)
The Zoning Officer shall be responsible for the overall inspection
of site improvements, including coordination with Highway Department
officials and other officials and agencies as appropriate.
(2)
Prior to the issuance of a certificate of occupancy and/or site plan
compliance certificate, the applicant shall complete all required
improvements to the satisfaction of the Zoning Officer, who shall
file with the Planning Board a letter signifying the satisfactory
completion of all improvements required by the Planning Board.
(3)
In the instance when all improvements shown on the approved site
plan are not yet completed, a certificate of occupancy and/or site
plan compliance certificate may be issued upon:
(a)
Deposit by the applicant with the Town Clerk of a certified
check in an amount set by the Planning Board to cover the full cost
of the required improvements, where costs are determined or verified
by a consultant hired by the Planning Board; or
(b)
Filing by the applicant with the Town Clerk of a performance
bond to cover the full cost of the required improvements, where costs
are determined by a contractor hired by the Planning Board. Any such
bond shall comply with the requirements of § 274-a of the
Town Law and, further, shall be satisfactory to the Town Board and
Attorney for the Town as to form, sufficiency, manner of execution,
and surety. A period of one year, or such other period as the Planning
Board may determine appropriate, not to exceed three years, within
which required improvements must be completed shall be set forth in
the bond.
J.
Reservation of parkland on site plans containing residential units.
If the proposed project includes dwelling units, the Planning Board
may, in accordance with the provisions and requirements of Town Law
§ 274-a or any similar or successor law, require a park
or parks suitably located for playground or other recreational purposes
to be shown on the site plan or, to the extent permitted by § 274-a,
monies in lieu of parkland.
K.
Modifications to approved site plans.
(1)
If at any time subsequent to the approval of a final site plan by
the Planning Board an applicant or property owner desires to modify
the site plan as approved, an application with the revised site plan
shall be submitted to the Planning Board for its consideration of
approval. The Planning Board may hold a public hearing on said application
of the proposed site plan, and impose any conditions, modifications
or additional requirements upon the approval as it may determine appropriate
in the furtherance of this chapter and the Ulysses Comprehensive Plan.
(2)
Such modification may be made without resubmittal and approval by
the Planning Board, upon receipt of a building permit, if it:
(a)
Does not involve a violation of any conditions imposed by the
Planning Board in its original grant of final site plan approval;
(b)
Does not involve the shift of the location of one or more buildings
or structures a distance exceeding 10 feet in any one direction from
the location shown on the final site plan as approved; provided, however,
that such a shift does not result in an encroachment on any required
yard setback or buffer area;
(c)
Does not alter the location of any proposed points of ingress
into or egress from the site, or proposed traffic flow within the
site;
(d)
Involves the construction of or alteration to less than 500
square feet of interior space, or construction which results in the
increase in the amount of square feet of an existing building by less
than 10%, whichever is less;
(e)
Involves the construction, alterations or renovations to the
exterior of a building without any change in building footprint, provided
said alterations do not affect the size and locations of windows or
doorways, or are changes necessitated by New York State Fire Prevention
Code and Building Construction Code or its successors;
(f)
Involves the construction of or relocation of three or fewer
parking spaces;
(g)
Involves the installation of any below- or aboveground utilities;
and
(h)
Is reviewed and approved by the Zoning Officer and Planning
Board Chair.
L.
Expiration of site plan approval. Unless otherwise specified by the
Planning Board, site plan approval shall automatically lapse and expire
18 months after the date the decision is filed with the Town Clerk
if the applicant fails to obtain a building permit or fails to comply
with the conditions of the site plan approval.
M.
Streamlined site plan checklist for farm operations in a Tompkins
County-adopted, State-certified Agricultural District:
(1)
Sketch of the parcel on a location map (e.g., tax map) showing boundaries
and dimensions of the parcel of land involved and identifying contiguous
properties and any known easements or rights-of-way and roadways.
Show the existing features of the site including land and water areas,
water or sewer systems, drain tiles and systems, and the approximate
location of all existing structures on or immediately adjacent to
the site.
(2)
Show the proposed location and arrangement of buildings and uses
on the site, including means of ingress and egress, parking and circulation
of traffic. Show the proposed location and arrangement of specific
land uses, such as pasture, crop fields, woodland, livestock containment
areas, and manure storage/manure composting sites and animal waste
storage facilities.
(3)
Sketch of any proposed building, structure or sign, including exterior
dimensions and elevations of front, side and rear views. Include copies
of any available blueprints, plans or drawings.
(4)
Provide a description of the farm operation (existing and/or proposed)
and a narrative of the intended use and/or location of proposed buildings,
structures or signs, including any anticipated changes in the existing
topography and natural features of the parcel to accommodate the changes.
Include the name and address of the applicant and any professional
advisors. If the applicant is not the owner of the property, provide
authorization of the owner.
(5)
If any new structures are going to be located adjacent to a stream
or wetland provide a copy of the floodplain map and wetland map that
corresponds with the boundaries of the property.
(6)
Application form and fee.
A.
Intent. The Development District (DD) procedure provides a flexible
land use and design regulation through the use of performance criteria
so that development may be matched with sensitivity to the unique
characteristics of a particular site, and innovative development techniques
may be accommodated that might not otherwise be possible through strict
application of existing zoning and subdivision requirements. The conventional
use, area, form, materials, bulk, and density specifications set forth
by other sections of this Land Use Code are intended to be replaced
by an approved Development District (DD) for a particular site, which
then becomes the basis legislatively established by the Town Board
for detailed design, review and control of subsequent development
within the designated site. Thus, where DD techniques are deemed appropriate
through the rezoning of land to a Planned Development District by
the Town Board, the set of use and dimensional specifications elsewhere
in this Land Use Code are herein replaced by an approval process in
which an approved plan becomes the basis for continuing land use controls.
While flexibility in substantive regulations is thus encouraged, it
is intended that this uniform procedure and the required conformance
with this Zoning Code and municipal service capability shall ensure
the general welfare through equal treatment under the law, as well
as precise control of all aspects of the Planned Development as approved.
B.
Objectives. In order to carry out the intent of this article, a Development
District shall achieve the following objectives:
(1)
A greater choice in the types of environment, types of housing and
dwelling unit types, lot sizes and community facilities available
to existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
The preservation of trees, outstanding natural topography and geologic
features and prevention of soil erosion.
(4)
A creative use of land and related physical development which allows
an orderly transition of land from rural to village uses.
(5)
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lower costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive
Plan.
(7)
A more desirable environment than would be possible through the strict
application of other articles of this Zoning Code.
C.
Requests for rezoning.
(1)
The Town Board shall review the request for rezoning, upon submission
of preliminary materials to adequately describe the scope of the project
to the Town Zoning Officer. Should the Town Board decide that the
proposed request for rezoning merits further consideration, the Board
shall direct the applicant to proceed with a sketch plan conference,
and then shall refer the proposal to the Planning Board for further
review and recommendations. The Town Board shall be the lead agency
for the public hearing and State Environmental Quality Review (SEQR)
as required for changes in zoning. In addition, the Planning Board
may schedule a separate public hearing and SEQR as part of site plan
review.
(2)
Sketch plan conference. The applicant for any rezoning action shall
have a sketch plan conference with the Zoning Officer, the Planning
Board Chair, the Town Board Planning Liaison, and the Planning Management
Officer. The purpose of this conference is to generally and informally
review the proposed project, to advise the applicant as to the general
process and the application requirements, and to coordinate the rezoning
between the Town and Planning Boards. Rezoning actions are at the
discretion of the Town Board and do not have a specified time frame
within which the action must be decided.
(a)
Upon receipt of a request from the Town Board for review of
rezoning, the Planning Board shall:
[1]
Review the proposed rezoning for compliance with the Ulysses
Comprehensive Plan for development of the Town of Ulysses and may
only make recommendation to approve the rezoning request following
a finding that it is in conformance with the Town Comprehensive Plan;
[2]
Review the development for the proposed site rezoning, including any proposed structures or modifications of structures using the review criteria outlined in this § 212-20 for compliance with district regulations of the zone for which rezoning is requested and with relevant sections of this chapter, and require such changes as may be necessary to ensure compliance;
[3]
Adopt a resolution recommending approval, approval with modifications,
or disapproval of the proposed Development District and general site
plan, and forward the same to the Town Clerk within the required time
period set forth in Town Law.
(b)
The Planning Board shall consider:
[1]
The need within the community for the proposed use.
[2]
The desirability of the proposed location.
[3]
The compatibility of the applicant's proposed particular mix
of land uses with the existing character of the neighborhood in which
the proposed use would be located, and the impact on the future quality
of the neighborhood.
[4]
Safeguards proposed by the applicant to mitigate possible detrimental
effects of the uses within the proposed rezoning on the entire area
and on adjacent property.
[5]
Safeguards proposed by the applicant to preserve existing trees
and outstanding topographic or geologic features, and reduce potential
for soil erosion and sedimentation.
[6]
Evidence that the application is compatible with the goals of
Comprehensive Plans, if any.
[7]
A general statement as to how common open space is to be owned
and maintained.
[8]
If the development is to be phased, a general indication of
how the phasing is to proceed. Whether or not the development is to
be staged, the sketch plan shall show the intended total project.
[9]
Evidence of the applicant's capacity to carry out the plan and
the applicant's awareness of the scope of the application, both physical
and financial.
D.
Requirements for rezoning plan. The applicant(s) or petitioner(s)
shall submit a plan of the site to be rezoned to the Town Board which
plan shall clearly show:
(1)
Property lines, including metes and bounds;
(2)
All public streets abutting the lot or parcel;
(3)
Site topography;
(4)
Location and size of all existing structures and site utilities,
points of ingress and egress, parking and loading areas and pedestrian
facilities;
(5)
Location of all existing streams, woodland, wetlands and other significant
natural features;
(6)
Location and size of all proposed structures and site utilities,
points of ingress and egress, parking and loading areas and pedestrian
facilities; and
(7)
Other plans and specifications related to the proposed use of the
site deemed reasonably necessary by the Town Board for a thorough
understanding of the proposed use.
E.
Development District rezoning plan. The purpose of a Development
District is to give flexibility to this chapter in order to accommodate
such developments as would be beneficial to the community, but which
are not now permitted in the established zoning district where the
proposed project is located. These Development Districts must not
be contrary to the Ulysses Comprehensive Plan or this chapter. In
addition to the requirements for rezoning, a proposed Development
District shall be a minimum of three acres. Site plan material submitted
with the application for review by the Planning Board must be in accordance
with the Town Development District application procedure, available
from the Zoning Officer, and amended as necessary from time to time.
F.
Process for rezoning by Town Board.
(1)
Upon receipt of the requested recommendation from the Planning Board,
the Town Board shall hold a public hearing and conduct environmental
review under the State Environmental Quality Review, after which it
may, at its discretion, approve the proposed rezoning request, disapprove
the proposed change, or approve it with modifications. The Town may
impose any conditions, modifications, or additional requirements upon
the approval as it may determine appropriate in the furtherance of
this chapter and the Town Comprehensive Plan. In making its decision,
the Town Board shall make an affirmative finding regarding whether
or not the proposed change is in conformance with the Town Comprehensive
Plan.
(2)
An affirmative vote of at least four members of the Town Board shall
be required to establish the Development District if:
(a)
The Planning Board recommends that the proposed Development
District not be approved based on the Ulysses Comprehensive Plan;
or
(b)
The Planning Board recommends that the proposed Development
District be approved but with modifications, including modifications
of proposed allowed uses and to the proposed site plan, that the applicant
is not willing to make.
(3)
The Town Board in establishing a new zoning district shall define,
in writing, the boundaries of the new district, approve the site plan
and list all specifications and restrictions approved for the site
plan. The site plan as approved by the Town Board shall be binding
on the applicant.
(4)
Upon the approval by the Town Board of a site plan submitted as part
of an application or petition for the establishment of a Development
District, said site plan shall be submitted to the Planning Board
for consideration of final site plan approval if not previously conducted
as part of the rezoning review.
