HomeMy WebLinkAboutLocal Law NO.1 of 2010- establishing a moratorium of the enforecement of a portion of section 9 of the VCH zoning ord and establishing a requirement that a building permit be obtained for any fence or wall to be erected during said moratoriumVILLAGE OF CAYUGA HEIGHTS
LOCAL LAW NO. I OFl THE YEAR 2010
A LOCAL LAV/ EST'ABLISHING A MORATORIUM ON THE ENF'ORCEMENT
oF A PORTION oF s;ECTIoN 9 o$'THE vILLAGE oF cAyucA HEIGHTS zoNING
ORDINANCE AND EISTABLISHINF A REQUIREMENT THAT A BUILDING PERMIT
BE OBTAINED FOR ANY FENCE OR WALL TO BE ERECTED DURING SAID
MORATORIUM
Be it enacted by the Board of Tnistees of the Village of Cayuga Heights as follows:
SBcTIoN I. PURPOS
The purpose ofth:is Local Law is
on the Village:s enforce,ment of violati
) to establish a moratorium for a period ofninety (90) days
s of the second sentence of Section 9 of the Villase of
Cayuga Heights Zoning t)rdinance, and ) to establlsh a requirement that any fence or wall to be
erected in the Village durllng said gm will require issuance by thq Village o-f a building perr.nit
for such'fence or wall. The Villaee:s M and Boald ofTrustees recognize that f,ences have been
erected within the Villagerthat are
acceleration is apparently the result of
intent of this tocai Law is to provide
and evaluate the Village:s options for
recent proliferation of nc,n-compliant fe
growth of the population of deer within Village, wl[ich evaluation and analysis the Village desires
to perform prior to the erection of any
the number of such fences has been in
OF
As of the effective date o
days from such effective
pliant with the terms of Zoning Ordinance S ection 9, that
sing at an accelerating rate in recent years, and that such
increase in the population of deer within the Village. The
Village:s lVfayor and Trustees the opportunity to analyze
ment of saidZoningOrdinance Section 9 in light of the
throug\out the Village apparently in response to the
dditional nQn-compliance fences and before the Village
ion with existing non-compliant fences.
Local Law, and continuing for a period of ninety (90)
the Village of Cay.uga Heights will not take or initiate
undertakes enforcement a'ction in
SBcnoN II, AUTHQ]R.ITY.
This Local Law is enacted pursuant to thi grant of powers to local governments provided for in (i)
Section 10 of the Municipal Home Rule law to adopt 4nd amend local laws not inconsistent with the
provisions of the New Yo:rk State Constit{tion ot not ir\consistent with any general law relating to its
property, affairs, governm.ent or other sub.iects provided for in said Section 10 of the Municipal Home
Rule Law, (ii) Section 10 of the Statute ff Local GorTernments and (iii) Article 5-J of the General
Municipal Law.
SBcnoN III. ESTAB
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A.
any administrative, judicial or lggal action enforce the requirements set forth in the
second sentence inthe Village Qf Ca1'uga Zontns.Ordinance Section 9 which
reads AFences over four feet in height are
yard requirements as for buildings'G This
itted only wlnen set back to the same
ium onthe Village:s enforcement
of the terms of the second sente$ce of 9 will apply orrly to fences in existence
as of the effective date of this Irocal Law.
B. As of the effective date of this l.ocal Law,continuing for a period of ninety (90)
davs from such effective date, the erecti or construction of any fence or wall,
regardless ofthe height ofsuch fence or
building permit signed by the Code En
I above the natural grade, shall require a
ent Officer c,f the Village of Cayuga
Heights. In any event that any applicant fl such a building permit for a fence or a
wall is denied such permit on the basis the proposed fence or wall is non-
compliant with any term of the Zoning Ordi then, as in any such case ofdenial,
the applicant for the building permit have the rilght to appeal the Code
Enforcement Officer:s denial and request
wall from the Village:s Zoning Board of
area variance for the proposed fence or
until ther moratorium established -
s, if the erection'or construction of arty
fence or wall is commenced in violation in terms of this Local Law or otherwise in
violation of the terms of the Village:s ng Ordinance, the Village reserves the
right to take any enforcement action as the illage deems necessary or appropriate,
includine but not limited to such action a.s may be necessary or
appropriate to cause such construction or
SBcTION IV" SUPERQEDT,NG EFFECT.
All Local Laws, resolutions, rules, regulations and other of the \/illage of Cayuga Heights
in conflict with the provisions of this Local Law ate hereby
this Local Law full force and effect.
to the extent necessaryto give
SscfloN V. VALIDITY.
The invalidity of any provision of this Local Law shall not the validiQr of any other provision of
this Local taw that can be given effect without such in
From the.effeotive date of this Local Law
hereby has been terminated or otherwise ex
SBcTIoN VI. EFFECTIVE DATE.
This Local Law shall be effective as of the date of filing
n to cease and/or to be removed.
provlslon.
ith the New York Secretary of State.
C,
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