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HomeMy WebLinkAboutLocal Law filing 9 - amending Section 9, “Fences and Walls,” Zoning Ordinance and Revoking Local Law No. 2 of the Year 2010.pdf 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 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 Town X Village (Select one:) of _____Village of Cayuga Heights____________________________________________ Local Law No. ___9______ of the year 2011___ A local law (Insert Title) A Local Law amending Section 9, “Fences and Walls,” of the Village of Cayuga Heights Zoning Ordinance and Revoking Local Law No. 2 of the Year 2010. Be it enacted by the ____Board of Trustees________________________________ of the (Name of Legislative Body) County City Town x Village (Select one:) of ______ Village of Cayuga Heights _____________________________________________ as follows: See Attached Page 1A-4A (If additional space is needed, attach pages the same size as this sheet, and number each.) VILLAGE OF CAYUGA HEIGHTS LOCAL LAW 9 OF THE YEAR 2011 - A LOCAL LAW AMENDING SECTION 9, “FENCES AND WALLS,” OF THE VILLAGE OF CAYUGA HEIGHTS ZONING ORDINANCE AND REVOKING LOCAL LAW NO. 2 OF THE YEAR 2010 Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I. PURPOSE AND INTENT. The purpose of this Local Law is to amend Section 9, “Fences and Walls,” of the Village of Cayuga Heights Zoning Ordinance to provide definitions of “Fences and Walls” and “Exclosure Fences” and to permit the erection thereof, under the stated conditions. Further, this Local Law shall revoke, in its entirety, Local Law No. 2 of the Year 2010. The intent of this Local Law is to provide Village residents greater flexibility in their decisions concerning the type of fences they erect, landscaping and design, and, specifically to protect the health, safety, and welfare of Village residents and their property from injury and damage due to deer population growth within the Village. SECTION II. AUTHORITY. This Local Law is enacted pursuant to the grant of powers to local governments provided for in (i) Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provisions of the New York State Constitution or not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal Home Rule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Section 7-700 of the Village Law. SECTION III. AMENDMENT OF ZONING ORDINANCE. As of the effective date of this Local Law, Local Law No. 2 of the Year 2010 is deleted in its entirety. Further, as of the effective date of this Local Law, the text of Article IX, Section 9, “Fences and Walls,” of the Village’s Zoning Ordinance is deleted in its entirety and replaced by the following: A. DEFINITIONS. For the purposes of this Zoning Ordinance, the following terms will have meanings set forth below: Fence or Wall - Any structure of any material or combination of materials, including a gate that is part of the structure, that is designed to enclose land, divide land, mark a boundary, create a barrier, limit access to or direct passage across land, provide screening, protect against a potential hazard, or serve a decorative purpose. A freestanding arch or arbor shall not be considered a fence or wall even if it otherwise satisfies the foregoing definition. In no case will living plants, such as hedges, shrubs, bushes or trees, be deemed or considered to be fences or walls under this Ordinance, regardless of how these may be arranged or located, and regardless of whether these may serve the same or a similar purpose as a fence or wall. Terraces, steps and other similar improvements will not be deemed to be fences. Earthen berms that exceed four (4) feet in height above the natural grade will be deemed to be fences under the provisions of this Ordinance. The words “fence” and “wall” are used interchangeably in this Ordinance. Page 1A Height (of fences and walls) - The distance measured from the lowest point of a fence to the highest point of any component part of the fence, other than arches, arbors, gates and entrances. A fence built on a man-made berm of earth or other natural materials shall be measured from the base of the berm to the top of the highest point of any component part of the fence, other than arches, arbors, gates and entrances. Examples of how measurements are taken may be obtained from the Village Engineer’s Office. Exclosure Fences - A fence that is designed and used to prevent animals from obtaining access to individual plantings or small groups of plants, flowers, gardens, lawn areas, shrubs, bushes or trees in order to assist with or promote their preservation, health or growth. Exclosure fences may not extend more than eighteen (18) inches on average from the furthest-most plant protrusion and no greater than three (3) feet at any point from the furthest-most plant protrusion, as determined by the Code Enforcement Officer. Exclosure fences shall not exceed eight (8) feet in height and must be constructed so that (1) any portion of such exclosure fence that is more than four (4) feet in height, when viewed from a position that is at a right angle to the face of the exclosure fence, is at least 90% open, and (2) all of the materials of such fence are not brightly-colored. Exclosure fences located between a front property line and the required front yard set-back shall not exceed 75% of the total linear front property line of any parcel of land. Seasonal Exclosure Fences - An Exclosure Fence (as defined above) that is intended to be temporary and erected ONLY from November 1st to May 1st. Seasonal exclosure fences must be removed by May 1st. Any exclosure fence remaining after May 1st of any year shall be deemed a Permanent Exclosure Fence and subject to the permitting requirements set forth below. B. PERMIT REQUIRED. A zoning permit shall be required for all fences that exceed four (4) feet in height, regardless of the location on the property, except for seasonal exclosure fences. Seasonal exclosure fences shall be exempt from the permitting requirements of this Ordinance. All permanent exclosure fences exceeding four (4) feet in height, regardless of the location on the property, shall require a zoning permit. Prior to the erection or construction of any fence that exceeds four (4) feet in height, with the exception of a seasonal exclosure fence, the property owner must obtain a zoning permit signed by the Code Enforcement Officer of the Village of Cayuga Heights permitting the fence in the location(s) stated on the permit. In the event that any applicant for a zoning permit for a fence is denied such permit on the basis that the proposed fence does not comply with the terms and provisions of this Article IX, Section 9, the applicant for the zoning permit shall have the right to seek relief from these zoning restrictions by applying for an area variance for the proposed fence from the Zoning Board of Appeals. Any fence in existence as of the effective date of this Local Law may remain in existence, in its present location, provided that it satisfies the requirements of this Article IX, Section 9, even if no permit for such fence had been issued. Page 2A C. FENCES UP TO FOUR (4) FEET IN HEIGHT AND EXCLOSURE FENCES. A fence up to four (4) feet in height, and any exclosure fence, may be erected or constructed at any location on any parcel of property, subject to the limitations set forth above. D. FENCES EXCEEDING FOUR (4) FEET IN HEIGHT A fence that exceeds four (4) feet in height may be erected or constructed either (i) provided that it satisfies the height limitations of Article IX, Section 5 above and the yard set-back limitations of Article IX, Section 6 above, Or (ii) provided that any portion of a fence that exceeds four (4) feet in height and that is located between a side or rear property line and the required yard set-back, as well as any exclosure fence that is erected at any location on the property, must be constructed so that (1) any portion of such fence that is more than four (4) feet in height, when viewed from a position that is at a right angle to the face of the fence, is at least 90% open, and (2) all of the materials of such fence are not brightly-colored. Notwithstanding the foregoing, chain link fencing will not be permitted for the portion of a fence over four (4) feet in height, even if such fence material otherwise satisfies requirements (1) and (2). No fence exceeding four (4) feet in height, excluding exclosure fences, shall be allowed between the front property line and the required front yard setback. Exclosure fences located between a front property line and the required front yard set- back shall not exceed 75% of the total linear front property line of any parcel of land. E. FENCES EXCEEDING EIGHT (8) FEET IN HEIGHT. No fence, including exclosure fences, exceeding eight (8) feet in height may be erected or constructed at any location on any parcel of property, unless it satisfies the height limitations of Article IX, Section 5 above and the yard set-back limitations of Article IX, Section 6 above. F. SWIMMING POOL FENCES. Swimming pools are required to be enclosed by fences in accordance with the applicable provisions of New York State law. SECTION IV. SUPERSEDING EFFECT. All Local Laws, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. SECTION V. VALIDITY. The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Page 3A SECTION VI. EFFECTIVE DATE. This Local Law shall be effective as of the date of filing with the New York Secretary of State, except that it shall be effective from the date of service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. Page 4A (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. __9_of 2011_ of the (County)(City)(Town)(Village) of Cayuga Heights was duly passed by the Board of Trustees on November 14 20_11__, in accordance with the applicable(Name of Legislative Body) provisions of law. 2. (Passable 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 on (Elective Chief Executive Officer*) on ______________________ 20____, in accordance with 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 ___________________ and was deemed duly adopted on (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 el ectors 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. 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 the Municipal Home Rule Law, and having received the affirmative vot e of a majority of the qualified electors of such city voting thereon 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, bec ame 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 file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ________ above. ____________________________________ Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (SEAL) Date: _______________________________ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY 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. ___________________________________ Village Attorney Signature _______________________________________________ Title County City Town of _______________________________________ Village DATE: ________________________________________