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HomeMy WebLinkAbout2005-Local Law#1_Imposing a 120 day Moratorium on the Division of Existing Parcels.pdfTOWN OF ULYSSES LOCAL LAW #1, 2005 A LOCAL LAW IMPOSING a 120 -DAY MORATORIUM ON THE DIVISION OF EXISTING PARCELS IN THE TOWN OF ULYSSES BE IT ENACTED by the Ulysses Town Board as follows: SECTION I. Purpose and Intent. Pursuant to the statutory powers vested in the Town of Ulysses to regulate and control land use and to protect the health, safety and welfare of its residents, the Ulysses Town Board wishes to declares a 120 -day moratorium on any division of an existing lot in the Town of Ulysses into more than two lots. The Town of Ulysses is in the process of finalizing a revision of its zoning law, which is scheduled to be completed in the next several months. The current real estate market is very active and there are large, undeveloped areas of lands in the Town where major development can happen pending the enactment of the new zoning. The Town's subdivision ordinance needs to be revised to comport with the other provisions of the revised zoning law. If these large, undeveloped areas of land are divided, the zoning law revisions now pending will be substantially compromised to the detriment of the health, safety and welfare of the Town and its residents. SECTION 1I. Imposition of Moratorium. A. For a period of 120 days from and after the effective date of this law, no division of land may be filed, accepted or processed in the Town of Ulysses and/or Tompkins County Clerk's Office. Enactment by Town law or ordinance of new subdivision zoning within said 120 -day period shall terminate this moratorium. For the purpose of this law, a division of land shall be deemed to mean the division of an existing parcel into more than two lots by real estate conveyance. B. The imposition of the law shall not effect the processing of applications for subdivision for which approval has been granted prior to the effective date of this law and for existing approved subdivisions. SECTION III. Appeal. A. Should any owner of property affected by this local law suffer any unnecessary hardship in the way of carrying out the strict letter of this local law, then the owner of said property may apply to the Board of Zoning Appeals, in compliance with an area variance under Town Law ยง267(b). For the purpose of this local law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision or other permit during the period of the moratorium imposed by this local law. A showing of uniqueness of the hardship shall be necessary. B. Procedure. Upon submission of a written application to the Board of Zoning Appeals by the property owner seeking an area variance for this local law, the Board of Zoning Appeals shall, within twenty (20) days of receipt of said application, schedule a public hearing on said application upon five (5) days written notice in the official newspaper of the Town. At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Board of Zoning Appeals shall, within ten (10) days of the close of said public hearing, render its written decision either granting (with or without conditions) or denying the application for an area variance from the strict requirements of this local law. If the Board of Zoning Appeals determines that a property owner will suffer an unnecessary hardship if this local law is strictly applied to a particular property, then the Board of Zoning Appeals shall vary the application to this local law to the extent necessary to provide the property owner relief from strict compliance with this local law. SECTIONN. Validity. If any section, sentence, clause or phrase of this law shall be held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of the law. SECTIONV. Effective Date. This law shall be effective upon the filing in the Office of the Secretary of State.