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HomeMy WebLinkAboutLL 16 of 2025 Expirations of certain PB and ZBA ActionsAdopted 2025-12-08 TOWN OF ITHACA LOCAL LAW NO. 16 OF THE YEAR 2025 A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING, REGARDING EXPIRATION PERIODS FOR VARIANCES, SPECIAL APPROVALS, SITE PLAN APPROVALS AND SPECIAL PERMITS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVIII (Administration) of the Town of Ithaca Code is amended as follows: A. In Section 270-235, titled “Zoning Board of Appeals,” Subsection J is amended by replacing Subsection J so that it reads as follows: “Unless any required work has materially commenced (as defined in § 270-194C) in accordance with the variance granted by the Zoning Board of Appeals within one year from the issuance of the building permit authorizing such work, or within 36 months of the granting of such variance, whichever is earlier, not only the building permit but the variance shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the issuance of such variance. Expiration of special approvals granted by the Zoning Board of Appeals are governed by § 270-202.” B. In Section 270-236, titled “Planning Board,” Subsection G is deleted in its entirety, and Subsection H is re-lettered as Subsection G. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York State Secretary of State. TOWN OF ITHACA NEW YORK TOWN CLERKS’OFFICE Paulette Rosa,Town Clerk,Ashley Colbert &Monica Moll.Deputy Town Clerks 215 N,Tioga St 14850 607,273.1721 clerks@townithacany.gov December 9,2025 State Records Unit Department of State One Commerce Plaza 99 Washington Ave. Albany,NY 12231 To Whom It May Concern. Enclosed is: Town of Ithaca Local Laws 14.15.16.17,18.and 19 for the year 2025: 14.A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING, REGARDING ACCESSORY BUILDINGS IN CONSERVATION ZONES, LOW DENSITY RESIDENTIAL ZONES,MEDIUM DENSITY RESIDENTIAL ZONES,AND HIGH DENSITY RESIDENTIAL ZONES A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING, REGARDING ISSUANCE OF PERMITS TO BUILD 15. A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING, REGARDING EXPIRATION PERIODS FOR VARIANCES,SPECIAL APPROVALS,SITE PLAN APPROVALS AND SPECIAL PERMITS 16. A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270,ZONING, REGARDING POSTING OF NOTICES FOR CERTAIN APPLICATIONS 17. A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE,TITLED VEHICLES AND TRAFFIC,”BY ADDING YIELD SIGNS AT THE APPROACHES BOTH OF THE ONE LANE BRIDGES ON FOREST HOME DRIVE 18. A LOCAL LAW DELETING ITHACA TOWN CODE CHAPTER 144,TITLED “ENERGY CODE SUPPLEMENT,”AND REPLACING IT WITH A NEW CHAPTER 144,TITLED “ENERGY CODE SUPPLEMENT 19. Please contact me if you have any questions. Sincerely, Monica Moll Deputy Town Clerk Page 2 of 4DOS-0239-f-l (Rev. 06/12) Local Law Filing (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Be it enacted by the of the (Name of Legislative Body) as follows: (If additional space is needed, attach pages the same size as this sheet, and number each.) County City Town Village of (Select one:) County City Town Village of (Select one:) New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps Local Law No. of the year 20 A local law (Insert Title) Page 3 of 4DOS-0239-f-l (Rev. 06/12) * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1.(Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , in accordance with the applicable(Name of Legislative Body) provisions of law. 2.(Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20 , in accordance w ith the applicable provisions of law. 3.(Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4.(Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(Name of Legislative Body) (repassed after disapproval) by the on 20 . Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. §.(City local law concerning Charter revision proposed by petition.) |hereby certify that the local law annexed hereto,designated as local law No. ___ of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on ; 20 , became operative. 6.(County local law concerning adoption of Charter.) |hereby certify that the local law annexed hereto,designated as local law No..of 20 of the County of.State of New York,having been submitted to the electors at the General Election of November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed,please provide an appropriate certification.) |further certify that |have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner indicated in paragraph 1 , above. nna,Clerk of the county legislative body,City,Town or Village Clerk or w .vy OF Ip y om officer designated by local legislative body a (Seal)by pate:IA)OF |d00S~ MW Ohayks Ofileg 4 a < ‘ , 3 ¥ + pA s a ws i :oo :“WO. Wwysi DOS-0239-f-1 (Rev.06/12)Paage 4 of4 MEETING OF THE ITHACA TOWN BOARD December 8,2025 TB Resolution 2025 -137:Adoption of (1)_“A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Expiration Periods for Variances,Special Approvals,Site Plan Approvals and Special Permits,”(2)“A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Issuance of Permits to Build,”and (3)“A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Posting of Notices for Certain Applications.” Whereas,the Codes &Ordinances Committee researched and considered legislative changes to Chapter 270 of the Town of Ithaca Code as listed below: 1.A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Issuance of Permits to Build 2.A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Expiration Periods for Variances,Special Approvals,Site Plan Approvals and Special Permits 3.A Local Law Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Posting of Notices for Certain Applications,and Whereas,on November 24,2025,the Town Board reviewed said draft legislation and set a public hearing to hear all interested persons regarding the proposed local laws,which was duly published and held on December 8,2025,and Whereas,pursuant to the New York State Environmental Quality Review Act (‘SEQRA”)and its implementing regulations at 6 NYCRR Part 617,adoption the local laws is a Type II Action pursuant to 6 NYCRR Part 617.5 c (26),which require no further environmental review,and Whereas,the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the Town of Ithaca Comprehensive Plan,now therefore be it Resolved,the Ithaca Town Board hereby adopts the following local laws as submitted: 1.Local Law 15 of 2025 Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Issuance of Permits to Build 2.Local Law 16 of 2025 Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Expiration Periods for Variances,Special Approvals,Site Plan Approvals and Special Permits Local Law 17 of 2025 Amending Town of Ithaca Code Chapter 270,Zoning,Regarding Posting of Notices for Certain Applications Moved:Pamela Bleiwas Seconded:Rod Howe Vote:ayes —Bleiwas,Howe,DePaolo and Johnson STATE OF NEW YORK) COUNTY OF TOMPKINS)SS: TOWN OF ITHACA: 1,Paulette Rosa,Town Clerk of the Town of Ithaca,do hereby certify ma the above resolutionis an exact copysbthesameadoptedbytheIthacaTownBoardatameetingonthe8"daLe,bes, PauletteCHE Town Clerk