HomeMy WebLinkAboutA local law amending section 9 of the VCH zoning ordinance to permit temporary deer fences.PDFVILLAGE OF CAYUGA HEIGHTS
PROPOSLD LOCAL LAW 'C' OF THE YEAR 2()1O
A LOCAL LAW AMENDING SECTION 9 OF THE VILLAGE OF CAYUGA
HEIGHTS ZONING ORDINANCE TO PERMIT "TEMPORARY DEER FENCES'"
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
SpclroN I.PU]IPOSE AND INTEN
The purpose of this Local Law iS to amend Soction 9, 'oFences and Walls," of the Village
of Cayuga Heightr; Zoning Ordinance to permit thp erection of Temporary Deer Fences (as
definLed herein) within the Village of Cayuga Heights (the "Village") for a period of
approximately five (5) years commenci4g upon the filing of this Local Law and terminating on
September 30'h, 2015. At the expiration pf the foregding period, all Temporary Deer Fences shall
be rermoved. The intent of this Local Larv is to protqct the health, safety, and welfare of Village
resid.ents and their property from injury and damage due to the growth of the population of deer
within the Village. The deer fences penrlitted under {his Local Law are intended to be temporary
in nalture and will NOT create or vest ar,ry rights with regard to a permanent fence. The Village's
May,or and Board of Trustees desire aild expect a reduction of the population of deer in the
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SBclroN IL AIITHORITY,
This Local Law is enacted pursuant to
(i)
Sechion 10 of the Municipal Home Rule
the orovisions of the New York State
to adopt and amend local laws not inconsistent with
Constitution or not inconsistent with any general law
relating to its properrty, affairs,or other subjects provided for in said Section 10 ofthe
Municipal Home R.ule Law, (ii) Section
7-700 of the Village Law.
10 of the Statute of Local Govetnments and (iii) Section
SucrroN III.ENDMENT OF ZO ORDINAN
As of the effective date of this T ocal Law, Section 9 of the Village's Zoning Ordinance
shall have the following language added pfter the first paragtaph:
.,TEMPORARY DEER FENCES IN AND REAR YARDS: Temporary Deer
Fences not exceeding 8 feet in hleight above fhe natural grade (including posts, gates and
all other portions of the fence ture) shall be permitted in the side and rear yards of
grant of powers to local goveiltments provided for in
Version 4 7.20.10
EnforcemenLt Officer of the Village of Cayupa Heights permitting the Temporary Deer
Fence. ln the event that any applicant for srich a zoning permit for a Temporary Deer
Fence is denied such permit on th,e basis that the proposed fence is non-compliant with the
Temporary Deer Fence terms aqd provisionq provided for herein, the applicant for the
zoning pernnit shall have the right to appeal [he Code Enforcement Officer's denial and
thereupon request from the Village's Zoning Board of Appeals an area variance for the
proposed fence. The foregoing airthority penqritting Temporary Deer Fences shall expire
on September 30'h, 2015, upon which date all Temporary Deer Fences shall be removed.
The deer fences permitted hereuniler are intended to be temporary in nature and will NOT
create or vest any rights with regaid to a perm{nent fence.
For the pu4)ose of this amended Section 9, "Temporary Deer Fences" shall be defined asa fence commonly used to irotect gardons, vegetation and yards from deer and
constructed so that (i) at least 90%p of its face flor at least anyportion of such fence that is
more than 4. feet above the natural grade is open when viewed from a position that is at a
right angle to the fence, and (ii) all of such fence structure and materials are the same
color with colors limited to black, brown or $reen. Notwithstanding the foregoing, chain
link fences shall not be considerdd as deer ferlces under this Article even if they meet the
Secrrox IV.UPERCEDING EFFECT
All Local Laws, resolutions, rules,ions and other enactments of the Village of Cayuga
Heights in conflict with the provisions f this Locaf Law are hereby superceded to the extent
and effect.necessary to give this Local Law full
SBcTIoN V. VAT,IDITY.
The invalidity of any provision of thid Local Law shall not affect the validity of any other
provision of this Local Law that can be given effect without such invalid provision.
SBcrroNVI. EFFECTryEDATE
This Local Law shall be effective as of fhe date of filing with the New York Secretary of State
and shall EXPIRE on September 30'h, 20!5.
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Version 4 7.20.10