Lansing Town City Zoning Code
ARTICLE V
Supplementary Regulations
§ 270-26 Intent.
The intent of this Article V is to protect the public health, safety and general welfare in the Town of Lansing, promote the other purposes of this chapter as set forth in § 270-2, and promote the goals and objectives of the Comprehensive Plan. Items already covered by existing federal, state and local laws are not included below. This article intends to:
A.
Establish general standards designed to regulate performance and operation of land use activities and minimize potentially negative impacts of such activities.
B.
Set forth specific regulations and procedures for certain special land uses and activities that could have potentially large impacts on their surroundings, and on the value of adjacent property, and that require review and the application of standards to minimize adverse impacts.
C.
Establish specific design and development guidelines that can be applied to development in the B1 Commercial Mixed-Use and B2 General Commercial District as a means of accomplishing objectives of the Comprehensive Plan for these districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 270-27 Site plan review.
[Amended 4-19-2023 by L.L. No. 3-2023]
A.
Authority. The Planning Board is hereby empowered to grant site plan approval in accordance with the provisions of § 274-a of the New York State Town Law. The Town Board hereby further empowers the Planning Board to, when reasonable, waive any requirement for the approval, approval with modifications or disapproval of site plans submitted for approval. Those identified applications requiring site plan approval as a prerequisite and all special use permits (which require site plan approval) shall be regulated as set forth in this article.
B.
Definitions. Definitions of specific terms or words as used in this chapter shall conform to the definitions of the same terms in the Zoning Ordinance, Chapter 270. In addition to the definitions in Chapter 270, the following terms shall be used in this chapter as they are defined in this section:
BOARD
The Planning Board, unless otherwise specified.
DEVELOPMENT
Any land use activity or project which requires a permit from the Planning and Code Enforcement Department or will result in changes to the physical condition, appearance or type of use, or intensity of use, of property.
(1)
Development projects include but are not limited to:
(a)
New construction, reconstruction, modification or expansion of existing structures or site improvements.
(b)
Landfilling, excavation, grading, parking lot construction or any other disturbances to the natural or existing topography or vegetation of the site.
(c)
Demolition of structures or site improvements.
(2)
A project shall not be considered a development if it is one or a combination of the following:
(a)
Replacement in kind only;
(b)
Interior construction only; or
(c)
Infrastructure maintenance only.
DIRECTOR
The Director of Planning for the Town of Lansing, New York, or his/her designee.
MODIFICATION
Rearrangement of site layout or an exterior alteration to an existing structure (including any changes to a building facade, except replacement in kind).
PERFORMANCE GUARANTEE
A form of security approved by the Town that has the effect of providing assurance or a guarantee that all improvements will be made and constructed in accord with the requirements of this chapter, applicable codes and requirements, the requirements of the Town, and the terms and requirements of any approved site plan. A performance guarantee may include performance bonds, escrow agreements, letters of credit, cash, and other or similar collateral or surety agreements. No such performance guarantee shall be deemed acceptable or in compliance with the requirements of this chapter if the person posting the bond or other undertaking is a guarantor or surety to any underwriter of such bond or undertaking, or if such person provides for indemnity to any underwriter or issuer with respect to such bond or undertaking. Bonds shall comply with the requirements of Town Law § 274-a and shall be acceptable to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of one year (or such other periods as the Director of Planning may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed.
RECONSTRUCTION
Construction of buildings or site plan improvements following total demolition of a previous development.
REPLACEMENT IN KIND
Replacement of materials (for maintenance purposes) which does not have an effect on the appearance of the existing building and site.
SITE IMPROVEMENT
Features including but not limited to planting, paving, retaining walls, drainage culverts and swales, fences and gates, lighting, site furniture, fountains, pools, bridges, dams, decks, boardwalks, pergolas, signs and any other accessory structures, devices, or landscape materials on the site.
STORMWATER POLLLUTION PREVENTION PLAN (SWPPP)
A plan to identify and mitigate stormwater impacts as defined in Chapter 225.
C.
Applicability.
(1)
The provisions of this § 270-27 shall apply to any land use activity that is indicated in Schedule I of this chapter as requiring site plan review and approval, to any similar use, and whenever otherwise requires by this chapter or by any local law or other ordinance of the Town of Lansing.
(2)
In addition, and supplementing such provisions, the requirements of this article shall also apply to the following actions except as to those actions specifically exempted, or for which alternative specific site plan review and approval requirements are established, elsewhere in this chapter:
(a)
All new commercial, industrial, or institutional development.
(b)
All new multiple-unit dwellings.
(c)
Any modification of existing commercial, industrial, institutional, or multiple-unit dwelling buildings, for which no previous site plan exists.
(d)
Any conversion of an existing residential structure to a nonresidential use (except as may have occurred in connection with a home occupation established in conformity with the provisions of this chapter).
(e)
Any conversion of an existing nonresidential structure into a residential structure containing three or more dwelling units.
(f)
Any modification to an existing residential structure which increases the number of dwelling units in the building to three or more dwelling units.
(g)
Any other modification to any facility or structure not set forth in the preceding subsections, for which final site plan approval was or is presently required by the terms of this chapter or any modification to any previously approved site plan, except as otherwise authorized below.
D.
Land use activities exempt from site plan review. Land uses allowed by zoning permit and the following land uses and activities are exempt from site plan review provisions of this § 270-27 unless such review is specifically required in Schedule I of this chapter:
(1)
New construction of a one- or two-unit dwelling, and related accessory structures, as these terms are defined in § 270-3 of this chapter.
(2)
Normal maintenance or repair and routine landscaping.
(3)
Uses and structures that are lawfully in existence as of the date this chapter becomes effective. Nonconforming uses may not be expanded (see Article VIII).
E.
Site plan review procedures.
(1)
Process initiation.
(a)
The Zoning Officer shall determine whether site plan review is required when an application for site plan review, building permit, or a demolition permit is filed.
(2)
The following procedures are required for both site plan review and site plan review for certain farm operations:
(a)
Sketch plan conference with planning staff, or when appropriate, with the Board as a whole.
F.
Site plan review submittals.
(1)
Submission of application materials.
(a)
Applicants must submit a complete site plan review application, including all applicable materials as described in the site plan review checklist, which may be obtained from the Department of Planning and Code Enforcement, as well as the following:
[1]
Evidence of site control or owner's authorization.
[2]
Statement of intent that describes the project. If the development is to be staged, a general indication of how the staging is to proceed; any project that requires more than 36 months to construct shall be staged. Whether or not the development is to be staged, the preliminary plan shall show the intended total project.
[3]
A statement as to proposed sources of water supply and method of sewage disposal to include a statement as to who will own the water and sewer systems, a conceptual layout of each system, whether necessary districts are formed or are in process, the receiving sewage treatment plant, the lines, dimensions, and purpose of all utility easements, including properly placed fire hydrants and preliminary design of bridges and culverts.
[4]
A site plan, drawn to a scale no smaller than one inch equals 30 feet, on one or more sheets, stamped by a New York State licensed architect, landscape architect, engineer, or surveyor.
(b)
An environmental assessment form as required by SEQRA.
(c)
Additional application materials may be required by the Board. Depending on the scope and complexity of the project, the Board has the discretion to require applicants to engage the services of licensed design professionals and other experts such as architects, landscape architects, engineers, ecologists, or surveyors.
G.
Application procedure for site plan review for certain farm operations. The applicant for site plan review and approval shall submit the following:
(1)
Application form and fee.
(2)
Name and address of the applicant and any professional advisors.
(3)
Evidence of site control or owner's authorization.
(4)
Sketch of the parcel on a location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways depicting:
(a)
Existing features of the site including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.
(b)
The proposed location and arrangement of buildings and uses on the site, including means of ingress and egress, parking and circulation of traffic.
(c)
The proposed location and arrangement of specific land uses, such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites.
(d)
Any proposed building, structure, or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings.
(5)
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures, and/or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes.
(6)
If any new structures are going to be located within 100 feet of a stream or wetland provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
H.
Project review criteria. In reviewing an application for approval of a site plan, the Planning Board will be guided by the existing characteristics and conditions of the site and its surroundings, by particular design objectives of the applicant, by the quality and distinctiveness of the proposal, by avoidance or mitigation of any negative impacts, in accordance with Article VIII: Site Development Standards. Unless waived or otherwise modified by Planning Board resolution as specified below, each site plan for a proposed land use activity shall conform to the general standards listed in this Subsection H, as applicable, and to any other requirements specifically related to a particular site as may be identified and described in writing by the Planning Board.
(1)
Stormwater drainage. Adequacy of stormwater and drainage facilities, and a stormwater drainage plan shall be provided. Natural drainageways shall be used to the fullest practicable extent. The amount of stormwater draining onto or across adjacent properties shall not be increased. Any activity disturbing more than one acre of land shall be required to obtain an SPDES Stormwater Phase II Construction Permit from the New York State Department of Environmental Conservation.
(2)
Erosion control. Developments on soils which may erode, or on slopes greater than 10%, shall include a sediment and erosion control plan designed to minimize erosion during construction and after construction has been completed and consideration, where feasible, of:
(a)
Avoiding construction upon or disturbances of hydric soils;
(b)
Avoiding impervious surfaces in favor of pervious surfaces;
(c)
Using bioengineering techniques rather than traditional construction methods to manage water and stormwater on site;
(d)
Avoiding the crossing of streams and ditches with roads and driveways; and
(e)
Establishing buffers along streams and other watercourses.
(3)
Off-street parking. Location (reverse frontage preferred), arrangement, appearance and sufficiency of off-street parking and loading. Parking areas, if any, shall be adequate in terms of area, safe access thereto and surface water drainage.
(4)
Water and sewer facilities. Adequacy of water supply and sewage and waste disposal facilities, and the type and design of any water supply and sewage disposal system, shall be approved by appropriate jurisdictions. Calculations of the existing and estimated increased loads on the system may be required. When the proposed source of water is groundwater, consideration of well and pump tests, the amount of any water proposed to be used, the proposed sequestration of any amount of water, and water or hydro-geological studies to determine the impact of the proposed withdrawal of groundwater on surface waters, surface water flows, aquifers, aquifer capacity and recharge rates, and existing users of the same supply of water, are appropriate matters for review in the discretion of the Planning Board where issues concerning groundwater quality and quantity have been documented.
(5)
Driveways, pedestrians, and traffic. Safe and convenient pedestrian and bicycle access and circulation, including provision for bicycle parking facilities and sidewalks along public thoroughfares, unless applicant demonstrates that a sidewalk is not feasible due to site constraints. Adequacy and arrangement with vehicular and nonvehicular traffic access and circulation, walkway structures, control of intersections with vehicular traffic, and overall pedestrian safety and convenience, including the adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls, as well as adequacy of fire lanes and other emergency zones. Access and egress driveways shall be clearly defined and no more than 35 feet wide unless otherwise permitted by the NYSDOT, Tompkins County, or the Town of Lansing. Analysis of the project's impact on parking and traffic may be required, including sight lines at curb cuts.
(6)
Site lighting. All lighting to be used on a building or site shall be installed in accord with any Town lighting requirements and in a manner as will prevent glare on adjacent properties and roads. Wherever practical, luminaires shall provide for glare-free, downward directed, and shielded lighting as promotes the dark-sky standards of the International Dark-Sky Association ("IDA"), Tucson, Arizona, including, for example, meeting the goals and standards expressed in the "Outdoor Lighting Ordinance and Community Standards" Information Sheet No. 172 and the IDA "Outdoor Lighting Code Handbook." Excessive lighting for promotional or commercial visibility purposes shall be discouraged.
(7)
Off-site impacts. Potential off-site impacts such as noise, odor, excess or heavy vehicle traffic, and vibration shall be identified and proposed measures to mitigate adverse impacts on adjacent property and the surrounding neighborhood shall be submitted.
(8)
General improvement plan. Location, arrangement, size, design and general site compatibility of buildings, lighting, and signs. Sign size and location shall comply with Chapter 210, Signs, of the Code of the Town of Lansing.
(9)
Trees and shrubs. Adequacy, type and arrangement of trees, shrubs and other landscaping, including, where practical, a focus upon the maximum retention of existing vegetation and considerations of visual and noise-deterring buffers between the proposed use and adjoining uses or properties.
(10)
Roads and walks. Roads, pedestrian walks, and open space for play areas and informal recreation shall be designed as integral parts of an overall site design, be properly related to existing and proposed buildings, roads and pedestrian ways, and be appropriately landscaped.
(11)
Other regulations. All other applicable state, county and local laws, ordinances and regulations shall be complied with. These include, but are not limited to, Zoning, Signs, Subdivision Regulations, Stormwater Management, Code Enforcement Local Law, and the State Environmental Quality Review Act.
(12)
Impacts on unique or critical resources. Impacts upon agricultural resources, unique natural areas, critical environmental areas, wetlands, flood hazard zones, other unique topological, cultural, historical, and archeological areas, including scenic resources identified in the Lansing Natural Resources Inventory and Scenic Resources Inventory, and general consistency with the Town's Comprehensive Plan.
(13)
Public services. Consideration of any needed or desirable public services and public service impacts, including upon the availability of fire hydrants, and emergency medical services, streetlighting, schools and educational services, and public transportation services and plans.
(14)
Handicap accessibility of buildings, pathways, and parking in accordance with ADA standards.
(15)
For new construction of multiple-unit dwellings, commercial, industrial, and retail and service uses, adequate and appropriately located facilities for the storage and collection of solid waste and recyclable materials shall be required. Developers of new commercial and mixed-occupancy buildings must design a waste management system that can support the needs of any allowable use in the building, including those uses that could result in maximum garbage generation. Screening of these facilities, as well as other actions relating to the appearance of the facilities, may be required in accordance with Article VIII: Site Development Standards.
(16)
Shielding or reduction of noise from mechanical equipment and other sources to the extent reasonably practicable.
(17)
Screening or architectural integration of a building's or structure's exterior mechanical equipment.
(18)
Additional information. The Planning Board may consult with any other Town board, commission, department, agency and/or official it deems advisable. It may also engage the services of engineers, planners, or other professionals to aid in the review process. All costs incurred by the Board for such professional services shall be reimbursed to the Town by the applicant.
I.
Approval procedure. The following procedures are required for site plan review and not required for site plan review for certain farm operations:
(1)
Public notice by posting. At least 20 days before the first meeting at which the Planning Board considers site plan approval, the Planning Board may require the applicant to post a sign at the center of each property line of the project site which fronts on a public or private roadway or public right-of-way. Such signs shall be continuously maintained and displayed facing the roadway until final action has been taken by the Board to approve or deny the site plan. At the time such signs are emplaced, the applicant or the applicant's representative shall indicate, in writing, the date on which the signs are to be erected. Signs shall be removed within 15 days of the final action or withdrawal of the application.
(2)
Planning Board meeting. Following timely receipt of a complete application for site plan approval, the Board shall schedule consideration of the application at its earliest possible scheduled meeting. The Board may establish its procedures and requirements, within the framework provided by this chapter, for conducting site plan review.
(3)
Public hearing. Prior to rendering any decision on a site plan review application, the Board may hold a public hearing on the proposed development. The hearing on the site plan shall be advertised in the Town newspaper of record at least five days before the hearing. This may begin concurrently with any required public hearing for the purpose of environmental review of the same project and may continue after any such environmental review public hearing is closed. Public hearings are not required for site plan review for certain farm operations.
(4)
Action on application for site plan approval.
(a)
Within 62 days after determination of environmental significance on a complete site plan review application, the Board shall render one of the following decisions:
[1]
Approval.
[2]
Approval with conditions.
[3]
Disapproval of the site plan.
(b)
Such sixty-two-day period will be extended if the environmental review process has not been completed and/or may also be extended by mutual consent of the applicant and the Planning Board.
(c)
If the site plan is disapproved, the Planning Boards' statement shall contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission.
(5)
Changes. Any current or future change to an approved site plan must be reviewed and approved by the Planning Board. Failure to comply will result in loss of permitted use.
J.
Modifications of site plans. A site plan that has received final site plan approval may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for site plan approval. Notwithstanding the foregoing, Planning Board approval of a modification shall not be required if the modification does not involve:
(1)
Construction of an addition of more than 1,000 square feet of enclosed space whether on one or more stories. The numerical criteria for the exception from the requirement of obtaining Planning Board approval are an aggregate maximum (i.e., if a 700 square foot addition is constructed without obtaining Planning Board approval and construction of a second addition larger than 300 square feet would require Planning Board approval of a modified site plan).
(2)
Construction or relocation of more than five parking spaces nor construction or relocation of any parking spaces to an area that is not adjacent to the original planned parking area; nor
(3)
Enlargement of an existing or previously approved building that involves an increase of square footage of more than 15% of the existing square footage of the existing or previously approved building; nor
(4)
Alteration of traffic flows and access nor a significant increase in the volume of traffic; nor
(5)
A significant (in the judgment of the Zoning Officer) change in the aesthetic appearance of any structure or site plan element, including landscape and lighting details, from that presented at the time of the last approved site plan; nor
(6)
A change in the impacts of the project on surrounding properties, such as an increase in noise, water runoff, light illumination, or obstructions to views; nor
(7)
Violations of any express conditions (including, without limitation, buffer zones, setbacks, and similar restrictions) imposed by the Planning Board in granting prior site plan approval; or
(8)
If the modification does not involve a movement or shift of a location of one or more buildings laterally or vertically from the location or elevation shown on the final site plan;
(9)
A determination by the Zoning Officer that such shift does not materially affect the overall site layout or specific elements of the site, including roads, traffic movements, sidewalks, parking areas, viewshed, drainage, and buffer areas; and
(10)
Such shift does not directly violate any express conditions (including, without limitation on, buffer zones, setbacks, etc.) imposed by the Planning Board in granting prior site plan approval.
(11)
A demolition or proposed demolition of an existing building, or of a previously approved building on a previously approved site plan, is a modification of a site plan subject to the terms of this section.
(12)
Notwithstanding the other sections of this article, Planning Board approval of a modification of a site plan shall not be required if the modification only involves the construction, alteration, or renovation of the interior of a building, regardless of whether a change of occupancy or use is involved, and none of the limitations of this § 270-27 are exceeded.
K.
Building permit. Before a building permit or certificate of occupancy or certificate of compliance can be issued for any of the activities for which site plan approval is required, a site plan must be approved by the Planning Board in accordance with these and other applicable provisions.
L.
Other permits. An approved site plan shall be binding on all further permits and approvals needed for the project. Compliance with other applicable state, county and local agencies is required.
(1)
All required modifications or conditions established as a result of the site plan review process shall be and be deemed conditions of the building permit (regardless of whether expressly so stated upon any such building permit). For projects subject to site plan review, a building permit shall be issued only after approval has been granted. In a case where a conditional site plan review approval has been granted, no certificate of occupancy or completion shall be issued until final site plan review approval has been granted and all conditions of such final approval have been met. See also § 279-27L.
(2)
Variances.
(a)
Any required variance must be obtained from the Zoning Board of Appeals before the Planning Board will issue site plan approval.
(b)
Stormwater pollution prevention plans (SWPPP). All stormwater pollution prevention plans must be approved by the Stormwater Management Officer (SMO) in accordance with Chapter 225 before final site plan approval is granted.
M.
Expiration of site plan approvals. Once any site plan approval is issued, whether with or without conditions, the applicant or other person or entity claiming the benefit of such approval shall commence and substantially complete the construction or other activities for which the site plan is applicable within three years of the date of the resolution of the Planning Board so issuing such approval or such site plan approval shall expire, lapse, and be of no further validity, force or effect, unless an extension has been granted by the Board following a written request by the applicant. If no extension is granted, the landowner or other applicant may then reapply for site plan review, the same shall be and be deemed a new application, and nothing in any prior site plan review process or approval shall be binding or of precedential value with respect to such new application or review, or as to any terms or conditions applied in relation to the review or potential approval of such application or site plan. The Planning Board may list such three-year commencement and substantial completion requirement upon the face of any site plan drawing or related plat or map, and the Planning Board may list such three-year requirements within its approval(s) as a condition or otherwise.
(1)
For the purposes of this section, work is not "substantially complete" unless, at a minimum:
(a)
A building permit, if required, has been obtained;
(b)
Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and
(c)
Substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued.
N.
Performance guarantee.
(1)
No certificate of occupancy or certificate of completion shall be issued until all improvements required by site plan approval are installed, and including any conditions placed on such approval are fulfilled, or until a sufficient guarantee, in the form of a performance bond, letter of credit or other security, is in place.
(2)
Upon satisfactory completion of all required improvements shown on the approved site plan, an as-built plan shall be submitted for the review and approval of the Code Enforcement Officer at least one week prior to the occupancy of the building. Such plan shall include the record of all progress and final inspections for the installation of all on-site and off-site improvements as approved by the Code Enforcement Officer or certified by a licensed engineer. The completion of as-built plans and the successful inspection reports shall be the basis for release of any performance guarantee or portion thereof.
O.
Development projects may be periodically inspected for conformance to the approved site plan, including the maintenance of the viability of the planting required as part of the site plan approval. If there is nonconformance, or if any conditions of SPR approval are not fulfilled, no certificate of occupancy or certificate of completion shall be issued. Where a development reverts to nonconformance after the issuance of a certificate of occupancy or certificate of completion, current owners of the development shall be notified, in writing, and given the opportunity to correct the situation. If the Director determines that the corrective measures are inadequate, the Town shall implement any necessary changes to the site to bring it into conformance, the cost of which shall be charged to the property owner. All construction and site operations shall be in compliance with the site plan.
§ 270-28 Zoning permits.
[Amended 7-15-2020 by L.L. No. 2-2020; 7-15-2020 by L.L. No. 3-2020; 3-19-2025 by L.L. No. 1-2025]
A.
Application requirements. A written application shall be submitted, on forms provided therefor by the Building Department, signed by the applicant. The following requirements shall apply to all applications:
(1)
All applications shall require evidence that the applicant has legal authority to make an application with respect to the land and title that are the subject of such application.
(2)
The applicant shall provide building plans for any structures and mappings of the proposed locations and improvements relating to the proposed use. All building plans shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and applicable codes of the Town of Lansing.
(3)
The application shall at a minimum: i) state the applicant's name and address; ii) identify the lot and Tax Map parcel numbers affected by the application; iii) identify the location and size of all existing structures on the lot(s), including primary use buildings, accessory buildings and structures, driveways, parking areas, and existing or proposed easements; iv) identify the proposed point of access or entry to any structure or improvements; and v) identify the distance from the building or improvement area lines to all lot lines, road right-of-way lines, waterfront lines, stream edges, and any other features of the lot or parcel. When establishing measurements to meet the required setbacks and yard sizes, the measurements shall be taken from the lot line, road right-of-way line, or nearest mean high-water line to the furthermost protruding part of the use or structure.
(4)
Two copies of a layout or plan showing the actual dimensions of any improvement and a description of the proposed use sufficient to determine compliance with the requirements of this chapter shall be supplied. The layout or plans required by this Subsection A(4), and the immediately preceding Subsection A(3), may be informal, but should be reasonably to scale so as to allow verification of dimensional and other requirements.
(5)
Payment of a zoning permit application fee as set from time to time by the Town Board, or in the absence of a fee schedule for zoning permits or any resolution setting such amount, $50.
(6)
Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality.
B.
One copy of such layout or plot plan shall be returned to the applicant when the application is approved by the Code Enforcement Officer (or other official charged with the review and issuance of zoning permits), together with a signed copy of any issued zoning permit.
C.
A zoning permit will be valid for one year from the date of issuance, will expire at the expiration of one year if construction has not commenced, and will further expire two years from the date of issuance if the project is not substantially completed at that time. Once expired, the use or structure may only be allowed by recommencing the zoning permit process outlined in this chapter.
D.
A zoning permit shall be prominently displayed so as to be visible from the outside of any applicable building, structure, or improvement altered, constructed, or emplaced, until such time as a certificate of compliance has been issued or the Code Enforcement Officer closes the permit.
E.
Zoning permits may only be issued for specific purposes outlined in Schedule I,[1] and upon verification of compliance by the applicant with the requirements of each zoning permit standards outlined below.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
General rules and requirements.
(1)
No zoning permit may be issued or approved where the Town Board, the Planning Board, or the Board of Zoning Appeals has previously issued or denied a ruling, permit, appeal, or approval concerning the emplacement or allowance of any structure or use to which a zoning permit may apply. Similarly, a zoning permit may not be issued in relation to any modification of a site plan, a special permit, a subdivision, a PDA, or other prior or current similar review.
(2)
No zoning permit may be issued unless the application meets all general standards and the specific standards listed for each proposed use or structure to which zoning permits apply (see below), the applicant verifies future compliance, in writing, with all applicable standards, and the Code Officer or other official empowered under this chapter to issue zoning permits finds and determines that all requirements and standards have been met for the application under review.
G.
General standards. All zoning permit applications and approvals shall demonstrate compliance with all yardage and setback requirements applicable to the zone in which the proposed use or structure is to be located. Likewise, all dimensional requirements, parking requirements, and access requirements shall also apply to all zoning permit applications and zoning permits.
H.
Specific standards — roadside stands. Roadside stands are permitted by zoning permit where:
(1)
They do not exceed 750 square feet; and
(2)
They are located substantially adjacent to a public highway and sited upon land owned by the applicant or upon which the applicant has a right to operate; and
(3)
Such stand or structure is temporary and not permanently affixed to the ground, or if so affixed, a removal and restoration plan has been submitted to remove the stand or structure seasonally or when the use is discontinued.
I.
Specific standards — mother-in-law/accessory apartment. Mother-in-law and accessory apartments are permitted by zoning permit where the following standards are each and all met:
(1)
Maximum size of 750 square feet;
(2)
The accessory apartment shall be limited to two bedrooms, but only one bedroom if within a residential structure;
(3)
The house or residence must be owner-occupied if the apartment is located within a residential structure;
(4)
The appearance of a single-family home must be maintained if within a residential structure; otherwise, the existing appearance and character of a building may not significantly change if not within a residential structure;
(5)
Health Department approval must be obtained if required;
(6)
Adequate off-street parking shall be provided;
(7)
The conversion shall meet or exceed all building codes, including required fire separations; and
(8)
Barrier-free design for persons with handicaps or limited mobility shall be considered where feasible or required.
J.
Specific standards — storage units/containers. Storage units/containers are permitted by zoning permit where the following standards are each and all met:
(1)
There shall be no more than one storage unit as a matter of right per lot, except in the RA zone;
(2)
Storage units may not be placed in any front yard and must be appropriately screened to a height of six feet by either an evergreen hedge, earthen berm, or fence made of materials in a way to block view;
(3)
Each unit must be maintained in a neat and orderly fashion with screening intact and well maintained;
(4)
If within an R3 zone, the unit or container must be installed and maintained in such a fashion as to appear similar to a traditional shed; and
(5)
If in a RA zone, more than one unit is allowed but:
(a)
If located within 100 feet of an occupied residence or highway, adequate screening shall be provided per Subsection J(2), above, or the unit shall be made to appear akin to a traditional shed per Subsection J(4), above; and
(b)
Such units may not be stacked atop each other.
K.
Specific standards — keeping of chickens. The keeping of chickens is permitted by zoning permit where the following standards are each and all met:
(1)
No person shall have, own, permit or otherwise possess a rooster;
(2)
Keeping of chickens shall be considered an accessory use and is permitted only as incidental to lots on which the principal use is residential;
(3)
The number of chickens on any lot shall not exceed six unless a variance is granted by the Zoning Board of Appeals;
(4)
All chickens shall be provided with a covered, predator-proof coop, pen, cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and sufficient size to permit free movement of the chickens, exclusive of areas used for storage of materials or vehicles. Chickens shall not be allowed to roam the premises outside of such shelters;
(5)
Any coop, pen, fence, or other shelter used for keeping of chickens shall be located in such a manner as to observe the applicable required yard setbacks for the zone in which it is located and shall be prohibited in a front yard; and
(6)
The coop, pen, cage, or other shelter must be placed on a location on the lot so as not to harm adjoining properties or environmentally sensitive areas.
L.
Specific standards — keeping or raising of horses or ponies. The keeping or raising of horses or ponies is permitted by zoning permit where the following standards are each and all met:
(1)
At least two acres of fenced pasture is provided for each horse, one acre of fenced pasture is provided for each pony, and one-half acre of fenced pasture for each miniature pony; and
(2)
The requirements of Subsection L(1) immediately above are cumulative such that the keeping of one horse, one pony, and one miniature pony shall require 3.50 acres of fenced pasturage (2 acres + 1 acre + 0.50 acres, respectively).
M.
Small-scale solar energy system zoning permit requirements.
(1)
Building permits are required for all solar energy system installations except solar energy systems under 1,000 watts not grid-tied or connected to a building or accessory structure.
(2)
Small-scale solar energy systems that are building-integrated solar energy systems are allowed in all zoning districts. Such systems:
(a)
Must be mounted or integral to a lawfully permitted building or structure;
(b)
To the maximum extent practicable, solar energy systems must not obscure architectural details or features; and
(c)
May not be installed in required open space or buffer areas, park or playground/recreational set-aside areas, in required front yards, or within any required side or rear yard setbacks, or in a manner that violates any bulk, density, coverage or yardage rules for the zone in which situated.
(3)
Small-scale solar energy systems that are small-scale ground-mounted solar energy systems are allowed in all zoning districts and must meet the following requirements:
(a)
No components of ground-mounted solar energy systems shall exceed 18 feet above finished grade when the system is oriented at maximum tilt from horizontal.
(b)
All such systems must meet all setback and yardage requirements as are required of principal buildings or structures in the applicable zoning district.
(c)
The horizontal surface area covered by ground-mounted solar energy systems must be included in total lot coverage calculations and, when combined with the coverage of other structures, the total area must not violate any minimum open space required in the underlying zoning district. In Planned Development Areas that do not reference underlying bulk or area requirements for solar energy systems, the addition of a ground-mounted system shall not create or extend any lot coverage beyond 25%.
(d)
Ground-mounted solar energy systems are not permitted in any front yard and must be sited entirely behind the front yard line as depicted in Schedule II, Drawing 1.[2]
[2]
Editor's Note: Schedule II is included as an attachment to this chapter.
N.
Non-tower-based wind energy conversion system zoning permit requirements.
(1)
Building-integrated or -mounted unit systems must be mounted or integral to a lawfully permitted building or structure. However, no existing building can be repurposed or modified to serve as a wind energy conversion system as a principal use, and no existing structure may be retrofitted to support a new wind energy conversion system without certification by a licensed New York State Engineer confirming the inspection of and the structural integrity of the building or structure.
(2)
Rooftop installations must be set back from roof edges a minimum of 18 inches and must meet the height requirements for the zoning district where installed, when measured from the average grade to the highest point of the system.
(3)
Rooftop installations may extend a maximum of six feet above the roofline or to the height limit allowed by the requirements of the Code, whichever is lower.
(4)
No components shall exceed 18 inches above average original ground elevation levels if not building-mounted.
(5)
All setback and yardage requirements as are required of principal buildings or structures in the applicable zoning district, and any non-building-mounted system must be calculated in determining minimum open space requirements. In Planned Development Areas that do not reference underlying bulk or area requirements for wind energy conversion systems, the addition of a ground-mounted system shall not create or extend any lot coverage beyond 25%.
(6)
Non-building-mounted systems are not permitted in any front yard and must be sited entirely behind the front yard line as depicted in Schedule II, Drawing 1.[3]
[3]
Editor's Note: Schedule II is included as an attachment to this chapter.
(7)
Noise attributable to a non-tower-based wind energy conversion system cannot exceed 42 dBA during daytime hours (6:00 a.m. to 10:00 p.m.) and 35 dBA during nighttime hours (10:00 p.m. to 6:00 a.m.) as measured from the property lines of the lot upon which the same is/are to be installed.
(8)
All systems and components shall be camouflaged and designed to be architecturally consistent with buildings and yards on the lot.
O.
(Reserved)
P.
Issuance of zoning permits.
(1)
The review and issuance of zoning permits shall be considered a ministerial action; if an applicant, through its application, demonstrates compliance with the requirements of this chapter, a zoning permit shall be issued.
(2)
The Code Enforcement Officer (or other authorized official) shall take action to approve or disapprove the application within 15 days of the receipt of a completed application, including the payment of all application fees. If an application is submitted that is incomplete or in error, the Code Enforcement Officer (or other authorized official) will advise the applicant as to such fact(s) within 15 days of the receipt of the application. Notwithstanding the foregoing, the failure of the Code Enforcement Officer (or other authorized official) to issue any notice or determination within the time herein required, or as otherwise required by law, shall not result in any presumption of approval, completeness, or of any right to obtain a permit (or a denial thereof), whether in relation to any application, submission, or any related communications or materials.
(3)
All standards and requirements of proof expressly or impliedly stated herein as applicable to zoning permits shall be strictly but reasonably construed and applied. Any determination made upon any application, whether to issue a zoning permit, deny such permit or application, approve the same with required modifications, etc., shall be appealable to the Board of Zoning Appeals per the provisions of §§ 267-a and 267-b and related provisions of the Town Law.
§ 270-29 Floodplains and wetlands.
A.
Floodplain location. Floodplain areas are so designated on National Flood Insurance maps.
B.
Floodplain conditions. No structure, facility or landfill shall be erected or placed that would impede or change the direction of the flow of water in the floodplain area, or that could collect or catch floating debris, or be placed in such a way that the natural force of floodwater could carry dislodged material downstream to damage public and private property.
C.
Wetlands. Notwithstanding any other provisions of this chapter, and particularly Schedule I,[1] to the contrary, construction or any other development on any land in the Town of Lansing designated as a wetland pursuant to Article 24 of the State Environmental Conservation Law, shall be in accordance with the provisions of the said Article 24. In addition, construction or any other development shall be in compliance with wetland requirements in the Clean Water Act and all requirements of the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 270-30 Roads.
A.
The location of, and specifications for, any roads or public highways or other structures or ways proposed to be managed, maintained, or dedicated to the Town have each been approved by the Town Board either as part of the subdivision approval process or as part of the site plan review process.
B.
Specifications for roadways shall be determined by current Town Law, then current ordinances, local laws, rules, and related requirements of the Town of Lansing, including the review and approval thereof by the Town Highway Superintendent.
§ 270-31 Airport hazard area.
Notwithstanding other provisions of this chapter to the contrary, particularly including Schedule II,[1] no lot shall be less than one acre in area, with a minimum of 200 feet of frontage, and no dwelling, school, nursing home, or place of public assembly shall be permitted within the "Land Use Restriction Area" as this may be shown on the Land Use Control Map and/or as designated by Tompkins County or the Federal Aviation Commission in relation to the Ithaca-Tompkins Regional Airport. In addition, before a building permit is issued for any construction in the said Land Use Restriction Area, the Code Enforcement Officer shall inform the applicant, in writing, of noise and hazard conditions that are possible in the flight path of the Ithaca-Tompkins Regional Airport.
[1]
Editor's Note: Schedule II is included as an attachment to this chapter.
§ 270-32 Planned Development Area (PDA).
A.
Intent.
(1)
The intent of this § 270-32 is to introduce flexibility in conventional land use and design regulations by applying performance criteria established to encourage development in an imaginative and innovative manner while, through the process of review, discussion and ordinance amendment, ensuring efficient investment in public improvements, a more suitable environment, and protection of community interest.
(2)
This section is aimed primarily at achieving innovation in residential development so that the demand for housing at all economic levels can be met by greater variety in type, design and sitting of dwelling units, and so the conservation and more effective use of limited land can be achieved. It is also recognized that certain types of nonresidential development are beneficial to the Town and would not contravene the objectives of the Comprehensive Plan if they adhere to certain predetermined performance and design conditions. The planned development technique is to be used to enable this nonresidential development to occur even though such development may not be specifically listed in Schedule I[1] of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
This section further recognizes that, while the standard land use control function (land use and density) and the subdivision function (platting and design) are generally appropriate for the regulation of the use of land in the Town, these controls represent a type of preregulation, regulatory rigidity and uniformity that may be adverse to the objectives of the planned development concept. Further, this section recognizes that a rigid set of space requirements along with area and use specifications would frustrate the application of this concept. Therefore, where the planned development concept is deemed appropriate through the rezoning of land by the Town Board to a Planned Development Area, the set of conventional land use activities and area specifications set forth in Schedules I and II of this chapter are hereby replaced by an approval process in which an approved development plan becomes the basis for continuing land use controls.
B.
Objectives of a Planned Development Area. To carry out the purpose of this § 270-32, a Planned Development Area shall achieve the following objectives:
(1)
A maximum choice in the types of environment, types of housing, lot size and community facilities available to existing and potential Town residents at all economic levels.
(2)
More usable open space and recreation areas.
(3)
More convenience and flexibility in the location of any nonresidential land use activities.
(4)
The preservation of trees, natural drainageways, geologic features and the prevention of soil erosion.
(5)
An efficient use of land resulting in smaller networks of utilities and roads and thereby lower housing and community costs.
(6)
A development pattern in harmony with the objectives of the Comprehensive Plan and complementary to the character of the surrounding area.
C.
Preliminary proposal/feasibility conference.
(1)
Location. PDAs are permitted in every land use classification within the Town.
(2)
Permitted land use activities. All residential land uses are permitted in a PDA and any nonresidential land uses, or a mix of residential and nonresidential land uses, will be permitted if the developer can demonstrate that such uses will promote the objectives of the Comprehensive Plan, will contribute to the quality of the proposed development for the area, and will lead to the direct or indirect enhancement of the surrounding neighborhood in terms of open space, safe vehicular and pedestrian traffic movement, parking, maintenance costs, landscaping, preservation of natural features and an improved living environment.
(3)
An applicant wishing approval for a Planned Development Area shall submit a request to the Planning Board, with a copy to the Town Board, in the form of a preliminary proposal which shall include:
(4)
A sketch plan showing items specified in § 270-27E(2).
(5)
A narrative explanation of the character and purpose of the planned development, including the type and density of any development proposed, the water supply and sewage disposal systems proposed, a general statement of proposed financing and an indication of the expected timetable for development, and a statement responding to § 270-32B of this chapter.
(6)
A completed full environmental assessment form, Part 1 (6 NYCRR 617.20, Appendix A).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
After such conference, if the applicant wishes to proceed with planned development, a written statement of intent to comply with the conditions and specifications, as established, shall be submitted to the Planning Board. Within five business days of the submission of such written statement the applicant shall notify landowners within 600 feet of the boundaries of the property that a PDA has been submitted for consideration and that the PDA documents are available for review in the Planning and Code Enforcement Office. Such applicant shall provide proof of delivery of such notification to the Planning Board.
D.
Public comment period.
(1)
Within 45 days after receipt of the preliminary proposal, the Planning Board shall schedule a conference with the applicant to review the proposed planned development and environmental assessment. If the Planning Board determines that said proposal is in accordance with the general planning objectives for the area and the objectives of this § 270-32, the Planning Board and applicant shall jointly consider the conditions and specifications under which the proposal may be approved.
(2)
If agreement on preliminary conditions cannot be reached, the Planning Board may, at that time, recommend to the Town Board that the proposal not be approved. Such recommendation shall include a detailed explanation of the basis for the Planning Board's decision.
E.
Approval of statement of intent to comply. Upon receipt of the applicant's statement of intent to comply with the established conditions, the Planning Board shall, within 120 days, forward to the Town Board its recommendation to conditionally approve or disapprove the development subject to such conditions and to completion of the required environmental review. During this 120-day period the Planning Board shall review details regarding compliance with § 270-32, Planned Development Area (PDA), and § 270-27, Site plan review, and, within the first 30 days of the review period, a public comment period will be established to consider § 270-27, Site plan review, and § 270-32, Planned Development Area (PDA), issues. A PDA site plan review shall require, in addition to the other requirements of this chapter:
(1)
A statement as to the effect of the proposed PDA on the objectives of the Comprehensive Plan and the character of the neighborhood.
(2)
A statement identifying potential significant adverse impacts that should be included in an environmental review.
(3)
A statement of the conditions and covenants that shall be followed by the applicant in developing the proposed planned development.
(4)
The applicant's statement of intent to comply with the required conditions.
(5)
A recommendation on the amount and type of performance guarantee which the developer should provide.
F.
Conditional approval of the Planned Development Area.
(1)
Within 45 days after receipt of the Planning Board's recommendation to conditionally approve or disapprove the proposed PDA, the Town Board shall hold a public hearing on the proposal. Within 30 days after such public hearing, the Town Board shall approve conditionally or disapprove the proposed PDA.
(2)
Notwithstanding the time periods stated above, the Town Board shall not act on the proposed PDA until all applicable provisions of 6 NYCRR Part 617 (SEQRA) have been complied with.
(3)
Conditional approval shall remain valid for a period of one year, unless extended by the Town Board, and shall be subject to acceptance of a final development plan by the Town.
G.
Final development plan.
(1)
Public hearing. Upon receiving conditional approval by the Town Board, the applicant shall prepare a final development plan for submission to the Planning Board. After a review of the final development plan has been completed by the Planning Board and other Town and County technical personnel, as appropriate, a written recommendation shall be filed by the Planning Board with the Town Board and the Code Enforcement Officer. The final development plan submitted to the Planning Board shall include:
(a)
Drawings showing proposed land use activities, the location of all buildings and on-site parking, the location, with dimension, orientation and bearings of lot lines, roads and any areas to be conveyed, dedicated or reserved for parks or open space, a landscaping and tree planting plan and a clear indication of the appearance of proposed structures and materials to be used.
(b)
Written statements, including any staging of construction being considered, a timetable for beginning and completing construction of each stage, and a copy of any deed restrictions or covenants to be incorporated in the development.
(c)
Any additional drawings, surveys or statements that may be requested by the Planning Board in making its review. The need for, and purpose of, any such request shall be explained, in writing.
H.
Town Board action on a final development plan. Within 45 days of receipt of a complete proposed final development plan from the applicant, the Town Board shall hold a duly advertised public hearing on the final development plan. Within 30 days after such hearing, the Town Board shall act to approve, with or without conditions, or disapprove the final development plan. Notwithstanding the above, the Town Board shall not act on the proposed PDA until all applicable provisions of 6 NYCRR Part 617 (SEQRA) have been complied with, and the above time limit may be extended to permit the conclusion of all SEQRA proceedings.
I.
Review.
(1)
One year from the date of conditional approval by the Town Board (§ 270-32F above) the proposed planned development shall be subject to review by the Planning Board. If a final development plan has not been submitted, or if a final development plan has been approved but reasonable progress has not been made toward eventual completion of the project, the Planning Board may recommend to the Town Board that conditional approval be withdrawn or, with good cause, extended for an additional year.
(2)
The planned development shall be subject to annual review by the Planning Board, and action by the Town Board, until it is completed in accordance with the final development plan. If the proposed development is discontinued or withdrawn at any time, the conventional land use regulations applicable to the area prior to approval of said planned development shall again be in effect and the performance bond used to restore the land to acceptable condition, including, but not limited to, demolition and removal of incomplete or damaged structures and the restoration of preexisting land features.
J.
Control of planned development.
(1)
After Town Board conditional approval of a final development plan for a PDA, changes, extensions or modifications of said development may be made only after they have been reviewed by the Planning Board and approved by the Town Board.
(2)
Changes that affect significant elements of the PDA, such as land use, size, orientation, occupancy, or density of buildings shall require a new PDA submission and approval.
K.
Certificate of occupancy. Upon completion of the planned development, or any stage of it, the Code Enforcement Officer shall issue a certificate of occupancy in accordance with building code, this chapter, and/or the Town's Code Enforcement Local Law.
L.
Subdivision of a Planned Development Area. The provisions of § 270-32J above, governing changes in the final development plan, will apply even if subdivision into independent lots has occurred. Subsequent owners or lessees of a subdivided PDA may jointly or separately make application under this § 270-32 for an amendment to the final development plan.
M.
Site plan review in subdivision control. If part of a planned development involves the subdivision of land into smaller parcels for sale to individual owners, the site plan review required by this § 270-32 shall suffice for final plat review required by Town subdivision rules and regulations. In such cases, the developer shall prepare a subdivision plat suitable for filing with the Tompkins County Clerk in addition to the required PDA drawings. Final site plan approval by the Town Board under this § 270-32 shall constitute final approval under Town subdivision rules and regulations and the final plat shall be filed with the County Clerk in the manner prescribed in such rules and regulations.