Loading...
HomeMy WebLinkAboutLL 02 of 2012 Deposit and Removal of FillAndrew M. Cuomo OovawoR Paulette Terwilliger Town Clerk 215 N Tioga Street Ithaca NY 14850 State of New York DtPARTMEliT OP STATE" One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 I March 20, 2012 Cesar A. Perales Sbcretary of State 7 RE: Town of Ithaca, Local Law 2 & 3 2012, filed on March 16, 2012 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.nv.us. Sincerely, State Records and Law Bureau (518)474-2755 WWWJ)0S^ATEJ4Y.US • E-MAE.: INF0@P0S.STATE.NY.U8 NEW YORK STATE DEPARTMENT OF STATE 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 underiining to indicate new matter. □ County □ City Ithaca B Town □ Village Local Law No. of the year 20 A local law ^ Amending the Zoning Chapter of the Town of Ithaca Code Regarding (Insert Title) Deposit and Removal of Fill Be it enacted by the T°wn Board of the (Name of Legislative Body) ! □ County □ City , Ithaca . „' of as follows: ■ Town □ Village See attached (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 05/05) Page 1 of 3 (Complete the certification in the paragraph that api:)iies to the filing of this local law and ' ' strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 2 I hereby certify that the local law annexed hereto, designated as local law No. of 20 , the (County)(City)(Town)(Viiiage) of Ithaca vvas duly passed by tf ' Town Board on March 12 20 ^ jp 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 fiied requesting referendum.) I hereby certify that the locai 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 fiied 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-239 (Rev. 05/05) Page 2 of 3 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 the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting ?reon 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 origiffaj^on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law^^rtT^/^iras^,gftat)j|^dopted in tjpie manner indicated in paragraph 1 , above. ^ . . - - , ' ' Clerk of the county legislative body,Xity, Town or Village Clerk or \ officer designated b^local le;§islative body /Sea/; ": ;; ^ Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) \TE OF NEW YORK JNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City^^ Ithaca Town Village Date: Dos-239 (Rev. 05/05) Page 3 of 3 Adopted 3-12-2012 1 TOWN OF ITHACA LOCAL LAW NO. 2 OF THE YEAR 2012 A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE REGARDING DEPOSIT AND REMOVAL OF FILL Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270 (Zoning), Article XXVI (Special Regulations) of the Town of Ithaca Code, Section 270-217, entitled “Extraction or deposit of fill and related products,” is amended as follows: A. Delete the heading and replace it with “Deposit or removal of fill and related products.” B. Delete subsection A and replace it with the following new subsection A: “The deposit and removal of fill, including but not limited to soil, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collectively as ‘fill’) is permitted in all zones, subject to the provisions of this section. In any zone, the deposit or removal of more than 50 cubic yards of fill on any parcel in any one year shall be permitted only upon receipt of an approval pursuant to this section, except in connection with a public work on the property or the removal of silt or other recently accumulated material that blocks a normal flow of a watercourse. In addition, in any zone, the deposit or removal of more than 5 cubic yards of fill on any parcel in any one year in or within 100 feet of a wetland as defined in this chapter shall be permitted only upon receipt of an approval pursuant to this section.” C. In subsection B, replace the two occurrences of the word “site” with “parcel”. D. Delete subsection C and replace it with the following new subsection C(1)-(4): “C. The following deposits or removals of fill require approvals as set forth in this subsection C: (1) In any zone except for a Conservation Zone, the deposit or removal of more than 50 but less than 250 cubic yards of fill on any parcel in any one year shall be permitted only upon receipt of approval by the Director of Public Works pursuant to the procedures in subsection H below. Adopted 3-12-2012 2 (2) In any zone except for a Conservation Zone, the deposit or removal of 250 cubic yards or more of fill on any parcel in any one year shall be permitted only upon receipt of a special permit from the Planning Board in accordance with the procedures set forth in this chapter. (3) In a Conservation Zone, the deposit or removal of more than 50 cubic yards of fill on any parcel in any one year is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter. (4) Notwithstanding the foregoing, in any zone, the deposit or removal of more than 5 cubic yards of fill on any parcel in any one year in or within 100 feet of a wetland is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter.” E. Subsection D is amended as follows: 1. Replace the two occurrences of the phrase “Town Engineer” with “Director of Public Works”. 2. Delete the phrase “Board of Appeals” and replace it with the phrase “Planning Board”. 3. Add the word “wetlands,” after the word “watercourses,”. F. Subsection E is amended as follows: 1. Replace the phrase “special approval from the Board of Appeals” with “special permit by the Planning Board” in the first sentence. 2. Replace the phrase “Before issuing a special approval, the Board shall make the same findings” with “Before issuing a special permit, the Planning Board shall make the same findings” in the second sentence. 3. Replace the phrase “Town Engineer” with “Director of Public Works” in the first sentence. 4. Replace the phrase “Engineer’s opinion” with “opinion of the Director of Public Works” in the second sentence. G. Delete subsection G. H. Subsection H is amended as follows: Adopted 3-12-2012 3 1. Delete the subsection H heading and replace it with the following phrase: “Proposed deposit or removal of less than 250 cubic yards of fill where approval is required by the Director of Public Works.” 2. In the first sentence of subparagraph (1), replace the phrase “In the event that the proposed movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines, before issuing the approval, that the proposed plan” with the following phrase: “Where approval of the Director of Public Works is required, the Director of Public Works may grant written approval provided he or she determines, before issuing the approval, that the proposed plan”. 3. In subparagraph (2), replace the one occurrence of the phrase “Town Engineer” and the two occurrences of the word “Engineer” with “Director of Public Works”. I. Subsection I is amended as follows: 1. Delete subparagraph 3 in subsection I and add the following new subparagraph 3: “(3) Deposit or removal of fill in connection with construction in accordance with a site plan approved by the Town Planning Board, provided that such construction occurs within three years of the final site plan approval. Notwithstanding the foregoing, if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Director of Public Works and the Planning Board was advised of the results of such review and specifically included the proposed disposition of such fill in its approval, no further approval under this Section shall be required provided the construction occurs within the time limits set forth above. If the disposition of fill was not specifically approved by the Planning Board in connection with final site plan approval, this exception shall not apply and the applicant shall be required to obtain approval for the deposit or removal of fill relative to such other site in accordance with the terms of this section.” 2. Delete subparagraph 4 in subsection I and add the following new subparagraph 4: Adopted 3-12-2012 4 “(4) Deposit or removal of not more than 500 cubic yards of fill on any parcel in an Agricultural Zone in any three-year period in conjunction with one or more bona fide agricultural uses.” 3. In subparagraph (5)(a), replace the phrase “Town Engineer” with “Director of Public Works”. 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.