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HomeMy WebLinkAboutLL 11 of 2017 Extend Moratorium on 2-Fam DwellingsTOWN OF ITHACA 215 N. Tioga Street, Ithaca, N.Y. 14850 www.town.ithaca.ny.us Paulette Rosa, Town Clerk prosa @ town .ithaca. nv. us Phone: (607) 273-1721 Fax: (607) 273-5854 State Records Unit Department of State One Commerce Plaza, 99 Washington Ave. Albany, NY 12231 Debra DeAugistine, Deputy Town Clerk dcleauglstlne@town.ithaca.ny.us July 25, 2017 To Whom It May Concern, Enclosed please find Town of Ithaca Local Law No. 11 for the year 2017. Please contact me if you have any questions. Sincere Paulette Rosa Town Clerk 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 GCIty GTown GVIIIage (Select one:) of Ithaca Local Law No. 11 of the year 2017 A local law EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS, AND ON THE (Insert Title)ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLII^ THROUGH OCTOBER 31, 2017 Be it enacted by the Town Board of the (Name of Legislative Body) □County GCIty [x|Town GVIIIage (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 06/12)Page 2 of 4 (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 Town Board on 20 in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by iocai legislative body with approvai, no disapprovai 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| 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)(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. * 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. DOS-0239-f-l (Rev. 06/12) Page 3 of 4 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 "^he City of having been submitted to referendum pursuant to the provisions of section (36)(37) of ie Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting .rhereon at the (special)(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 oir^ in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and;/^a^ir^IJ5^^;^pted manner Indicated in paragraph J , above. Clerk of the''coun'ty Tegistetive body, ofty. Town orVttTage Clerk or officer designated bwocal legjplative body (Seal) Date: <• DOS-0239-f-l (Rev. 06/12) Page 4 of 4 Adopted July 24, 2017 Pg. 1 TOWN OF ITHACA LOCAL LAW NO. 11 OF THE YEAR 2017 A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY DWELLINGS, AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN EXISTING ONE-FAMILY DWELLING, THROUGH OCTOBER 31, 2017 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 5 of the Year 2016, entitled “A Local Law Providing for a Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, for a Period of Two Hundred Seventy (270) Days,” which local law became effective on May 13, 2016, and was due to expire on February 6, 2017. B. On February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017, entitled “A Local Law Extending the Moratorium on New Two-Family Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family Dwelling, Through July 31, 2017,” which expires on July 31, 2017. C. The Town Board and its Planning Committee, along with the Town’s Planning Department staff, have been researching and discussing issues related to potential new Town regulations for two-family dwellings. D. The Town Board anticipates that its review, study and consideration of these issues can be completed, and legislation can be drafted and properly adopted by October 31, 2017. E. The Town Board is concerned that any new legislation would be significantly subverted if development proposals for new two-family dwellings or for the addition of second dwelling units that are covered by the current moratorium were to be entertained and possibly approved before the Town Board considers such legislation. F. Extension of the moratorium until October 31, 2017, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of these types of development during the limited time the Town needs to complete such review and study and adopt such legislation. Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows: A. Section 1.K is amended to read as follows: Adopted July 24, 2017 Pg. 2 “K. It is anticipated that the Town Board’s review, study and consideration of these issues can be completed by October 31, 2017, and that legislation, if needed, can be drafted and properly adopted within that timeframe.” B. The first sentence of Section 2 is amended to read as follows: “Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through October 31, 2017, prohibiting each of the following actions within all zones in the Town of Ithaca except the High Density Residential Zones, regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:” The rest of Section 2 (paragraphs A-D) remains unchanged. C. Section 7 is revised to read as follows: “Section 7. Term. This local law shall be in effect through October 31, 2017, provided, however, that the Penalties section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law.” Section 3. Any provision of Local Law No. 5 of the Year 2016 not amended herein remains in full force and effect. Section 4. Local Law No. 2 of the Year 2017 is hereby repealed in its entirety. Section 5. Validity. 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 6. Effective Date. This local law shall take effect immediately upon filing with the New York Secretary of State.