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HomeMy WebLinkAboutLL 04 of 2017 Exclude TOI Water Infrastructure from PB-ZBASTATE OF NEW YORK DEPARTMENT OF STATE One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 _ WWW.DOS.NY.GOV . . Andrew M. Cuomo Governor rossana Rosado-^ Secretary of State February 23, 2017 Debra DeAugistine Deputy Town Clerk 215 N. Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 4 2017, filed on February 23, 2017 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.qov. Sincerely, State Records and Law Bureau (518) 473-2492 NEWYORK STATE OF OPPORTUNITY. Department of State ^ Local Law Filing 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 (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. □County ncity □Town □Village (Select one:) of Ithaca Local Law No. 4 of the year 2017 A local law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning", Exempting (Insert Title) Town of Ithaca-Owned Water Infrastructure from Height, Setback, Buffer and Lot Coverage Requirements Be It enacted by the Town Board of the (Name of Legislative Body) □County □City □Town □Village (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) (Complete the certification in the paragraph that applies to the fiiing 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. Z of 20'^ of ^ the (County)(City)(Town)(Village) of was duly passed by the Town Board on February 13 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 Legisiative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20| I I. 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)(Gity)(Town)(Village) of was duly passed by the on 20 1 and was (approved)(not approve^Ks (Name of Legislative Body) ^ I (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. * 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. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of t(?^lty of having been submitted to referendum pursuant to the provisions of section (36)(37) of ti lunlclpal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting t on at the (speclal)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I 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.) I further certify that I 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 fi nally adoptedvln theJTianner Indicated In paragraph J , above. (Seal) of the countyieglsiatlv desigii^d by local lebl jty. Town or Village Clerk or ody Adopted 2017-02-13 TOWN OF ITHACA LOCAL LAW NO. 4 OF THE YEAR 2017 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED “ZONING”, EXEMPTING TOWN OF ITHACA-OWNED WATER INFRASTRUCTURE FROM HEIGHT, SETBACK, BUFFER AND LOT COVERAGE REQUIREMENTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVII (General Provisions) of the Town of Ithaca Code is amended by adding a new §270-230.2 reading as follows: “§270-230.2. Town of Ithaca-owned water infrastructure. The provisions of this chapter regarding height, setbacks, buffers and lot coverage shall not apply to any Town of Ithaca-owned water infrastructure, including but not limited to tanks, mains, pump stations, pressure relief valves associated structures and appurtenances.” 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 Secretary of State.