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HomeMy WebLinkAboutLL 05 of 2012 La Tourelle PDZ Site Plan AmendmentAndrew M. Cuomo Governor State of New York Department of State One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State May 15, 2012 Debra DeAugistine Deputy Town Clerk 215 N. Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 4, 5, 6, 7, & 8 2012, filed on May 11, 2012 Dear Sir/Madam: ■"I . The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.nv.us. Sincerely, State Records and Law Bureau (518)474-2755 VWWV.DOS.NY.GOV • E-MAIL: INFO(gDOS.NY.GOV 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 underlining to indicate new matter. □ County □ City Ithaca II Town □ Village Local Law No. ^ of the year 20 ^ A local law ^ Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled "Zoning: (Insert Title) Special Land Use Districts," Regarding La Tourelle Site Plan Requirements ^ Be it enacted by the """own Board (Name of Legislative Body) □ County ° 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 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 2012 , i the (County)(City)(Town)(Village) of was duly passed by thv Town Board on May 7 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 approvedL (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 vaiid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(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-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 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 origin^n file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, ax\6)N^ fii}^l];^doptedjn^e manner indicated in paragraph , above. Clerk of tfie coun^ l^slative body. City, Town or Village Clerk or officer designated by loc^ legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other ^Uuijiorlzed 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 May 7, 2012 1 TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2012 A Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled “Zoning: Special Land Use Districts,” Regarding La Tourelle Site Plan Requirements Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-3, titled “Special Land Use District No. 1 (Wiggins)”, is amended by deleting Subsection B(5)(b). Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-3, titled “Special Land Use District No. 1 (Wiggins)”, Subsection B(5)(c), is amended by deleting Subsection B(5)(c) and replacing it with the following: “No building permit shall be issued for a building or structure within Planned Development Zone No. 3, nor shall any existing building or structure in such Zone be changed, unless the proposed building or structure is in accordance with a site plan approved by the Planning Board, or with a modified site plan approved by the Planning Board (where Article XXXIII requires Planning Board approval for modifications), pursuant to the provisions of Article XXIII and other applicable provisions of Chapter 270.” Section 3. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-3, titled “Special Land Use District No. 1 (Wiggins)” is amended to conform this section to the current Town of Ithaca Code’s terminology and references, and the current state of facts, as follows: A. Subsection B(1) is deleted and replaced with the following: “Section 270-6 of the Town of Ithaca Code includes in the list of permissible districts a district designated as ‘Special Land Use District No. 1’, which district is now considered and hereafter referred to as ‘Planned Development Zone No. 1.’” B. Subsection B(2) is deleted. C. Subsection B(3)(c) is amended by adding the words “formerly and/or” before the phrase “now used and occupied as the L’Auberge du Cochon Rouge Restaurant and the Barn Apartments”. D. Subsection B(5) is amended by deleting the phrase “A Bed and Breakfast Inn” after the words “La Tourelle.” Adopted May 7, 2012 2 E. Subsection B(5)(f) is deleted and replaced with the following: “No noise originating on the property contained in this Planned Development Zone shall exceed the limits set forth in Town of Ithaca Code § 270-155 or in Town of Ithaca Code Chapter 184, whichever is more restrictive.” F. The reference to “Special Land Use District No. 1” in Subsection B(5) is changed to “Planned Development Zone No. 1.” G. All references to “Special Land Use District” are changed to “Planned Development Zone” in Subsections B(3), B(4), B(5)(e), and B(6). H. The references to “district” in the phrases “the above district,” and “this district” in Subsections B(5)(a) and B(5)(i), respectively, are changed to “Zone.” Section 4. 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 5. This local law shall take effect immediately upon its filing with the New York Secretary of State.