HomeMy WebLinkAboutProposed Local Law C of 2010- Amending Section 9 of the VCH Zoning Ordinance to Permit "Temporary Deer Fences"VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL IIAW "C" OF THE YEAR 2010
A LOCAL LAW AMENDING SECTION 9 OF THE VILLAGE OF CAYUGA
IIEIGHTS ZONING ORDINANCE TO PERMIT "TEMPORARY DEER FENCES'"
Be it enacted by the Board of Trustees of the \fillage of Cayuga Heights as follows:
SBcrroN L PURPOSE AND INTENT.
The purpose of this Local Law is to amend Sbction 9, "Fences and Walls," of the Village
of Cayuga Heights Zoning Ordinance to permit the erection of Temporary Deer Fences (as
defined herein) within the Village of Cayuga Heights (the "Village") for a period of
approximately five (5) years commencihg upon the filing of this Local Law and terminating on
September 30'h, 2015. At the expiration of the foregqing period, all Temporary Deer Fences shall
be removed. The intent of this Local Law is to protect the health, safety, and welfare of Village
residents and their property from injury and damage due to the growth of the population of deer
within the Village. The deer fences permitted under fhis Local Law are intended to be temporary
in nature and will NOT create or vest any rights wit$ regard to a permanent fence. The Village's
Mayor and Board of Trustees desire aird expect a reduction of the population of deer in the
Village by September 30, 2015, thus negfiting the furtlrer need for the Temporary Deer Fences.
SBcrroN IL AUTHORITY.
This Local Law is enacted pursuant to tlre grant of powers to local governments provided for in
(i)
Section 10 of the Municipal Home Rule Law to adopit and amend local laws not inconsistent with
the provisions of the New York State Constitutio4 or not inconsistent with any general law
relating to its property, affairs, governmQnt or other sfbjects provided for in said Section 10 of the
MunLicipal Home Rule Law, (ii) Section
7-700 of the Village Law.
10 of the Stritute of Local Governments and (iii) Section
SBcrroN III.MENT OF ORDIN NCE.
As of the effective date of this Il,ocal Law, Section 9 of the Village's Zoning Ordinance
shall have the following language added bfter the first paragraph:
..TEMPORARY D IN SIDE AND REAR YARDS: Temporary Deer
Fences not exceedins 8 feet in ight above the natural grade (including posts, gates and
all other portions of the fence re) shall be permitted in the side and rear yards of
any property, up to and includin
for all Temporary Deer Fences.
on the property line. Zoning permits shall be required
Prior to the erection or construction of any Temporary
Deer Fence, the property must obthin a zoning permit signed by the Code
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Enforcement Officer of the Village of Cayu,ga Heights permitting the Temporary Deer
Fence. In the event that any applicant for spch a zoning permit for a Temporary Deer
Fence is denied such permit on ttre basis that the proposed fence is non-compliant with the
Temporary Deer Fence terms and provisionb provided for herein, the applicant for the
zoning permit shall have the right to appeal the Code Enforcement Officer's denial and
thereupon request from the Village's Zoning Board of Appeals ar area variance for the
proposed fence. The foregoing authority pednitting Temporary Deer Fences shall expire
on September 30'r', 2015, upon which date all Temporary Deer Fences shall be removed.
The deer fences permitted hereunder are inte4ded to be temporary in nature and will NOT
create or vest any rights with regard to a permpnent fence.
For the purpose of this amended Section 9, "ffemporary Deer Fences" shall be defined asa fence commonly used to protect gardins, vegetation and yards from deer and
constructed so that (i) at least 90,o/o of its face for at least any portion of such fence that is
more than 4 feet above the naturpl grade is open when viewed from a position that is at a
right angle to the fence, and (ii) all of such fence strucfure and materials are the same
color with colors limited to black, brown or green. Notwithstanding the foregoing, chain
link fences shall not be considerbd as deer fences under this Article even if ttrey meet the
This Local Law shall be effective as of the date of flling with the New York Secretary of State
and shall EXPIRE on September 30'h, 20 5.
criteria in this definition."
SEcuoN fV. SUPERCED
All Local Laws, resolutions, rules, re lations and other enactments of the Village of Cayuga
superceded to the extentHeights in conflict with the provisions of this Local Law are hereby
necessary to give this Local Law full fr and effect.
SBcrroN V. VALIDITY.
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 liven effect without such invalid provision.
Sscrror.{ VI. EFFECTIVE DATE.
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