HomeMy WebLinkAboutagenda Board of Trustees December 13, 2010.pdf
VILLAGE OF CAYUGA HEIGHTS BOARD OF TRUSTEES
Marcham Hall – Village Offices
December 13, 2010
7:00 P.M.
AGENDA
Call to Order
Public Hearing – 7:00 PM - Hear comment on local law proposals
“H” for a Local Law amending Village of Cayuga Heights Zoning Ordinance to permit
local Tourist-Oriented Directional Signs within designated areas of the Village of
Cayuga Heights.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as
follows:
SECTION I. PURPOSE & INTENT.
It is the purpose and intent of this local law to amend of the Village of Cayuga Heights
Zoning Ordinance so as to:
A. Authorize, with a permit and Planning Board approval, local tourist-oriented
directional signs within designated areas of the Village of Cayuga Heights;
B. Clarify the permitted locations of local tourist-oriented directional signs
within designated areas of the Village of Cayuga Heights; and
C. Designate the Superintendent of Public Works of the Village of Cayuga Heights
as the individual responsible for providing cer tain approvals for the
specific location of local tourist-oriented directional signs permitted within
or adjacent to a public or private right-of-way, and to clarify such approval
process.
SECTION II. AMENDMENT TO THE VILLAGE OF CAYUGA HEIGHTS ZONING
ORDINANCE.
Article IX (entitled "Zoning") of the Village of Cayuga Heights is hereby amended to
include a new Section, entitled Local Tourist-Oriented Directional Signs, as follows:
LOCAL TOURIST-ORIENTED DIRECTIONAL SIGNS
A. Definitions:
Local tourist-oriented directional sign -- any ground-mounted free-standing
directional sign [other than a New York State tourist-oriented directional
sign (separately defined herein ) over which the Village has no
jurisdiction] to be situated within the Village of Cayuga Heights that is (i)
to be used to provide local directional guidance (i.e., subsequent turns or
critical decision points) to a tourist oriented business within the Village as a
supplement to a New York State tourist-oriented directional sign situated at
an intersection on a conventional highway or expressway, and (ii) required
in accordance with the New York State Supplement to the National
Manual of Uniform Traffic Control Devices and as part of the approval by
the New York State Department of Transportation of a New York State
tourist -oriented directional sign; such tourist -oriented businesses within
the Village include gas stations, restaurants, hotels, motels, resorts and golf
courses.
New York State tourist -oriented directional sign -- any directional sign
(i) under the jurisdiction of New York State, (ii) for use to guide traffic from
the New York State numbered route system to tourist-oriented businesses not
located on the system, and (iii) provided for in the New York State
Supplement to the National Man ual of Uniform Traffic Control
Devices.
B . The following signs are permitted with a permit and Planning Board
approval:
1. Local tourist-oriented directional sign (see definition herein) no
greater in size than two and one-half (2.5) square feet and the top of which
being no higher than nine (9) feet above the ground.
a. Prior to the issuance of the required permit for a local tourist-oriented
directional sign, the proposed sign must be approved by the Planning Board
of the Village of Cayuga Heights.
b. Upon receipt of a completed permit application for a tourist-oriented
directional sign, such application shall be referred by the Zoning Officer
to the Planning Board Chairperson, whereupon (i) the application shall be
scheduled for review by the Planning Board within thirty -one (31) days
following the receipt of the application by the Planning Board
Chairperson (or such subsequent meeting date to which the Planning
Board Chairperson and applicant may agree); and (ii) the applicant shall be
notified by the Zoning Officer of such scheduled meeting date. No public
hearing shall be required. The Planning Board's determination shall be
made within thirty -one (31) days following the meeting at which the
application is reviewed by the Planning Board; provided, howev er, that
the time within which the Planning Board must render its decision
may be extended by mutual consent of the applicant and the Board.
c. No approval of a local tourist -oriented directional sign will be granted
by the Planning Board unless the proposed sign meets all of the following
requirements:
(i)such local tourist-oriented directional sign will not obstruct or impair vision or
traffic, or in any way create a nuisance, hazard or otherwise be detrimental to or
endanger the public health, safety or general welfare;
(ii)such local tourist-oriented directional sign will not be injurious to the use and
enjoyment of other property in the vicinity or neighborhood;
(iii)such local tourist-oriented directional sign is appropriate in appearance and
in harmony with the design and color of the New York State tourist-oriented
directional sign (see definition herein) giving rise to the necessity for such
local tourist -oriented directional sign;
(iv)the specific location of such local tourist -oriented directional sign is
approved by the Village Superintendent of Public Works. Signs may not be
erected or maintained within a public or private right-of-way without the written
approval of the owner of such right-of-way and any authority having jurisdiction
over such right-of-way, if any.
d. Any previously approved local tourist -oriented directional sign
shall be removed in the event that (i) it is no longer required in accordance with
the New York State Supplement to the National Manual of Uniform Traffic
Control Devices as part of the approval by the New York State Department of
Transportation of a New York State tourist-oriented directional sign, or (ii) it
is no longer required because the York State tourist-oriented directional sign
originally necessitating the local tourist-oriented directional sign has been
removed. In the event that the Zoning Officer determines that removal of
the local tourist-oriented directional sign so required, he or she shall so notify the
record owner of the sign at the owner's last know address by registered or
certified mail, (return receipt requested), such notice to provide a period of thirty
(30) days from the date of such written notice for the sign to be removed. If the
sign is not removed within the required thirty (30) day period, the Zoning
Officer may remove the sign and thereafter assess all costs and expenses
incurred in such removal against the record owner of such sign.
SECTION III. SUPERCEDING EFFECT.
All local laws, resolutions, rules, regulations and other enactments of t he Village of
Cayuga Heights in conflict with the provisions of this local law are hereby superceded
to the extent necessary to give this local law full force and effect.
SECTION IV. 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.
SECTION V. EFFECTIVE DATE.
This Local Law shall be effective upon (i) its filing in the office of the Secretary of State
and (ii) ten (10) days after publication and posting as required by law; provided, however
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.
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“I” a Local Law establishing an exemption for portable sheds from the Zoning Permit
requirements of Section 20 of the Village of Cayuga Heights Zoning Ordinance
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 establish permit exemptions for portable
sheds (as defined herein). The intent is to allow Village of Cayuga Heights’ residents the
opportunity to have portable sheds on their property without the need of obtaining a
permit from the Village, provided that the portable sheds meet certain requirements.
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 and (ii)
Section 3-300 of Village Law.
SECTION III. PERMIT EXEMPTION FOR PORTABLE SHEDS.
As of the effective date of this Local Law, portable sheds (as defined herein) shall
be exempt from the Village of Cayuga Heights zoning permit process, specifically
Section 20 of the Zoning Ordinance. There shall be a maximum of 2 portable sheds
allowed per property. The square footage of exempt portable sheds shall not be included
in lot coverage calculations. Portable sheds shall adhere to the following yard set back
restrictions, measured at right angles to the property lines:
Front Yard 25 feet
Side Yard 3 feet
Rear Yard 3 feet
“Portable Sheds” shall be defined as a building or structure that:
A. has a maximum of 140 sq/ft of coverage, including any roof or overhang;
B. has a maximum height of 12 feet, measured from the base of wall to the
peak of roof;
C. does not have a permanent foundation or is not affixed by any means to
the ground;
D. may not be occupied by persons; and
E. has no heat, electricity, air conditioning, water service, or any other public
utility.
SECTION IV. SUPERCEDING 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
superceded 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.
SECTION VI. EFFECTIVE DATE.
This Local Law shall be effective as of the date of filing with the New York
Secretary of State.
Approval the Minutes of November 8, 2010
Privilege of the Floor - 2 minute limit/person – 30 minutes total
VCH Residents speak first, balance of time to general public
Report of the Mayor – 20 minutes
Deputy Clerk position
TCAT
DEIS – next steps
Fences
Sheds
Bolton Point-
Move to Pass Resolution #XXXX-To Approve the Amendment to the Southern
Cayuga Lake Inter-municipal Water Commission Agreement Increasing the
Water Rate Charges and to Establish Such Amended Water Rate Charges for the
Village of Cayuga Heights.
WHEREAS, the Village of Cayuga Heights entered into an agreement of
inter-municipal cooperation with several other municipalities creating the
Southern Cayuga Lake Inter-municipal Water Commission ("SCLIWC") and
authorizing the construction by such Commission of the Bolton Point water
treatment plant and related transmission and other facilities, which agreement was
restated as of June 5, 1979, and which agreement has been subsequently amended
from time to time (such agreement as so amended being hereinafter referred to as
the "SCLIWC Agreement"); and
WHEREAS, the SCLIWC Agreement included a schedule of the water
rates to be charged, which schedule has been amended from time to time; and
WHEREAS, the parties to the SCLIWC Agreement wish to amend the
Agreement to increase the water rates, and a copy of the proposed amendment has
been submitted to this Board for its approval; and
WHEREAS, the Village of Cayuga Heights Board of Trustees finds it is in
the best interests of the Village of Cayuga Heights and its citizens to effect the
proposed water rate increases;
NOW, THEREFORE, BE IT
RESOLVED, that the Village of Cayuga Heights Board of Trustees, in
accordance with Article 8 of the New York State Environmental Conservation
Law - the State Environmental Quality Review Act ("SEQR") and 6 NYCRR
Section 617.5, hereby determines that adoption of said proposed amendment and
the establishment of water rates constitute a T ype II action, constituting "routine
or continuing agency administration and management, not including new
programs or major reordering of priorities that may affect the environment," and
thus may be processed without further regard to SEQR; and be it further
RESOLVED, that the Village of Cayuga Heights Board of Trustees hereby
authorizes on its behalf the execution of the proposed amendment to the SCLIWC
Agreement submitted to this meeting, approving thereby the amendment to the
rate schedule so as to increase the water rates to be charged under the SCLIWC
Agreement generally from $2.65 per thousand gallons of water to $2.87 per
thousand gallons of water; and be it further
RESOLVED, that upon the approval by all required parties of the proposed
amendment to the SCLIWC Agreement setting the increased rate of $2.87 per
thousand gallons of water, and concurrently with the effective date of such
amended rate as provided for in the approved amendment to the SCLIWC
Agreement, the Village of Cayuga Heights Board of Trustees hereby establishes
the foregoing increased rate as the base rate chargeable to each owner of property
that is provided with water service by connecting to the Village of Cayuga
Heights Water System, all such water service charges being subject to the
additional water rate surcharge (currently xx%) imposed by the Village from time
to time by resolution of the Village Board of Trustees.
Report of the Fire Chief – 5 minutes
Report of the Police Chief – 5 minutes
Report of Superintendent of Public Works – 15 minutes
Kendal crosswalk estimate
TG Miller water study
Village Hall – misc projects
SRF – TCAT traffic study ???
Report of Ass’t Superintendent of Public Works – 5 minutes
Update on work in progress
Monthly Report for Oct 2010
Report of the Clerk – 5 minutes
Senior Citizen & Disability Exemptions (current 17,500 inc limit @ 50% 1995)
TC Healthcare Consortium – update
Abstracts
Report of the Treasurer – will be out of town
Report of the Attorney – 5 minutes
Trustee Privilege of the Floor – 10 minutes
Adjournment