Town of Ulysses, NY
Tompkins County
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Table of Contents
Table of Contents

§ 212-16 Board of Zoning Appeals.

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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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.
(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.

§ 212-17 Planning Board.

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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
There is hereby established a Planning Board consisting of five persons who shall function in the manner prescribed by law.
[Amended 8-12-2014 by L.L. No. 3-2014]
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.
[Amended 8-12-2014 by L.L. No. 3-2014]
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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.

§ 212-18 Special permits.

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 district 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 district 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 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, 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. 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.

§ 212-19 Site plan review.

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 long environmental assessment form (LEAF), 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 structures, 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.
(3) 
At the sketch plan conference, based upon the information provided, the Planning Board will determine any and all additional information required in the 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 for a detailed site plan.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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
(c) 
Notice of public hearing (see § 212-19E below).
(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;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9] 
Proposed exterior lighting; and[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[10] 
Number of parking spaces existing and required for all intended uses.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Stormwater pollution prevention plan, as required by local law.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(d) 
Site topography showing contours at an interval appropriate for the site, two-foot interval is recommended.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
For all uses except single- and two-family residences:[7]
[1] 
Proposed sign(s), including size, height and location;
[2] 
Area of building to be used for a particular use, such as retail operations, office storage, etc.;
[3] 
Maximum number of employees;
[4] 
Maximum seating capacity, where applicable; and
[5] 
Estimated type and volume of traffic.
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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) 
Decision.
(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 Planning Board shall make a decision on the site plan within 62 days after the public hearing, or 62 days after the site plan materials are received if no hearing is required. The time within which the Planning Board must render its decision may be extended by mutual consent 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 advisory committee, commission 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 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 at 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 if the applicant fails to obtain a building permit or fails to comply with the conditions of the site plan approval.

§ 212-20 Rezoning for DD—Development Districts or other rezoning actions.

A. 
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 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 make 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 § 212-20 for compliance with district regulations of the zoning district 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 proposed use 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.
B. 
Requirements for rezoning plan. The applicant(s) or petitioner(s) shall submit a plan of the site to be rezoned to the Town Board that 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.
C. 
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.
D. 
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 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 that 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.