HomeMy WebLinkAboutLL 01 of 2014 EcoVillage Radio 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
Debra DeAugistine
Deputy Town Clerk
215 N Hog a Street
Ithaca NY 14850
February 19, 2014
S
RE: Town of Ithaca, Local Law 1 2014, filed on February 19, 2014
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, w\AAA/.dos.nv.qov.
Sincerely,
State Records and Law Bureau
(518)474-2755
WWW.DOS.NY.GOV • E-MAIL: INFO@DOS.NY.GOV
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 Glown GVIIIage
(Select one:)
of Ithaca
Local Law No. 1 of the year 2014
A local law ^ Amending Chapter 271 of the Town of Ithaca Code, Entitled "Zoning:
(Insert Title)
Special Land Use Districts" to Change EcoVillage Planned Development Zone Provisions
to Include a Radio Transmission Facility as a Permitted Use in the EcoVillage Agricultural
Area
Be It enacted by the Town Board of the
(Name of Legislative Body)
□County GCIty GTown 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 locai law and
strike out that which is not appiicable.) ^
1. (Final adoption by local iegislative body oniy.) )
I hereby certify that the local law annexed hereto, designated as local law No. J of 20^ «.
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
Town Board on February 10 20 If , 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)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapprov
on 20| I I, In accordance w Ith the applicable provisions of law.
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(Clty)(Town)(Vlllage) of was duly passed by the
on 20 > and was (approved)(not appro\''^^
(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)(permlsslve) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(speclal)(annual) election held on
20 , In accordance with the applicable provisions of law.
4. (Subject to permissive referendum and finai 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)(Vlllage) 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.)
^JUb^reby 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.
I
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^e in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and vyd^npjl^-qgjppted in the manner indicated in
paragraph J , above.
Clerk oMhe countyTeglsfative body. City, Town or Village Clerk or
officer designated byJocal ledslatlve body3ted byJocal leasiative I
(Seal). Date:
DOS-0239-f-l (Rev. 06/12) Page 4 of 4
Adopted 2-10-2014
TOWN OF ITHACA
LOCAL LAW NO. 1 OF THE YEAR 2014
A Local Law Amending Chapter 271 of the Town of Ithaca Code, Entitled “Zoning:
Special Land Use Districts” to Change Ecovillage Planned Development Zone
Provisions to Include a Radio Transmission Facility as a Permitted Use in the
Ecovillage Agricultural Area
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled
“Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by
adding the following sentence to the end of Paragraph 271-9.D.II. entitled “Agricultural
Area”:
“Permitted uses shall also include one radio transmission facility operated
pursuant to a single broadcast license from the Federal Communications Commission or
any successor federal or state agency.”
Section 2. Chapter 271, Section 271-9 of the Town of Ithaca Code, entitled
“Special Land Use District No. 8 (Limited Mixed Use, EcoVillage),” is amended by
replacing the second and third sentences of Paragraph 271-9.I. entitled “Height
regulations” with the following sentences:
“No structure other than a building shall be erected, altered, or extended to exceed
30 feet in height, except that a radio transmission tower may extend up to 45 feet in
height. Notwithstanding the foregoing, the Planning Board may grant a special permit
for construction of community centers or accessory towers, other than radio transmission
towers, in excess of 40 feet, but in no event shall any structure (or any appurtenant
element of a structure) exceed 60 feet in height.”
Section 3. If any provision of this local law is found invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law, which shall remain in full force and effect.
Section 4. This local law shall take effect immediately upon its filing with the
New York Secretary of State.