HomeMy WebLinkAboutProposed Local Law A & B of Year 2010.PDFf ,1),-)
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VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW *A" pF THE YEAR 20L0
A LOCAL LAW RE.ENACTING A MOR,TTORIUM ON THE ENFORCEMENT
oF A PORTION oF SECTION 9 oF THE VILLACN OT. CAYUGA HEIGHTS ZONING
ORDINANCE AND ESTABLISHING 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 Trustees of the Vfllage of Cayuga Heights as follows:
SBcrroN I. PURPOSE AND INTENT.
The purpose of this Local Law is (a) to reestablish a moratorium for a period of ninety (90)
days on the Village's enforcement of violations of the second sentence of Section 9 of the Village of
Cayuga Heights ZoningOrdinance, and (b) to reestablilsh a requirement that any fence or wall to be
erected inthe Village during said moratoriumwill require issuance bythe Village of abuildingpermit
for such fence or wall. The Village's Mayor and Board of Trustees recognize that fences have been
erected within the Village that are non-compliant with the terms of ZonrngOrdinance Section 9,that
the number of such fences has been increasing at an aocelerating rate in recent years, and that such
acceleration is apparently the result of the increase in tlhe population of deer within the Village. The
intent of this Local Law is to provide the Village's Maydr and Trustees the opportunity to analyze and
evaluate the Village's options for amendment of said Zoning Ordinance Section 9 in light of the
recent proliferation of non-compliant fences throughout the Village apparently in response to the
growthofthe population of deer within the Village, whlch evaluation and analysis the Village desires
io perform prior to the erection of any additional non-compliance fences and before the Village
undertakes enforcement action in connection with existing non-compliant fences.
Further, on March g'h,2010, Local Law No. 1 of 2010 was filed with the Secretary of State
and will expire on June 9'h,2010. Said Local Law No. I of 2010 addressed the issues stated above
and the Village's Mayor and Trustees would now likd to re-enact and extend said moratorium for
another ninety (90) day period.
SBcrrox II.AUTHORITY.
This Local Law is enacted pursuant to the grant of poWers to local goverllments 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 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
itule Law, (ii) Section 10 of the Statute of Local Governments and (iii) Arlicle 5-J of the General
Municipal Law.
Page I of 2
SBcrroN ltr.
C.
A.
REESTABLISHMENT OF MORATORruM.
As of the effective date of this Local Law, and continuing for a period of ninety (90)
days from such effective date, the Village of Cayuga Heights will not take or initiate
any administrative, judicial or legal action to enforce the requirements set forth in the
second sentence in the Village of Cayugp Heights ZoningOrdinance Section 9 which
reads "Fences over four feet in height a1e permitted only when set back to the same
yard requirements as for buildings." This moratorium on the Village's enforcement
of the terms of the second sentence of Sgction 9 will apply only to fences in existence
as of the effective date of this Local Law.
As of the effective date of this Local La!v, and continuing for a period of ninety (90)
days from such effective date, the erection or construction of any fence or wall,
regardless of the height of such fence or wall above the natural grade, shall require a
building permit signed by the Code Erlforcement Officer of the Village of Cayuga
Heights. In any event that any applicarlt for such a building permit for a fence or a
wall is denied such permit on the badis that the proposed fence or wall is non-
compliant with any term of the ZoningQrdinance, then, as in any such case of denial,
the applicant for the building permit would have the right to appeal the Code
Enforcement Officer's denial and requqst anareavariance for the proposed fence or
wall from the Village'sZoningBoard gf Appeals.
From the effective date of this Local Law forward until the moratorium established
hereby has been teminated or otherwisd expires, if the erection or construction of any
fence or wall is commenced in violation in the terms of this Local Law or otherwise
in violation of the terms of the Village's Zoning Ordinance, the Village reserves the
right to take any enforcement action aS the Village deems necessary or appropriate,
including but not limited to such enforcement action as may be necessary or
appropriate to cause such construction br erection to cease and/or to be removed.
B.
SBcUON IV. SUPERCEDING EFFECT.
All Local Laws, resolutions, rules, regulations and othetr enactments ofthe Village of Cayuga Heights
in conflict with the provisions of this Local Law are hergby superceded to the extent necessary to give
this Local Law fulIforce and effect.
SBcrtoN V. VALIDITY.
The invalidity of any provision of this Local Law shalf not affect the validity of any other provision
of this Local Law that can be given effect without sucfr invalid provision'
SecrroNVI. EFFECTWEDATE.
This Local Law shall be effective as of the date of filiyrg with the New York Secretary of State.
Page2 of 2
VILLAGE OF CAYUGA HEIGHTS
PROPOSED LOCAL LAW "B'',OF THE YEAR 2O1O
A LOCAL LAW EXTENDING A MORATORIUM ON THE ENFORCEMENT OF
A PORTION OF SECTION 9 OF THE VILLAGB OF CAYUGA HEI ZONING
ORDINANCE AND ESTABLISHING A REQUIREMENT THAT A BUII4NG PERMIT
BE AINED FOR ANY FENCE OR WALL TO BE ERECTED DURING SAID
MORATORIUM
Be it enacted bv Board of Trustees of the Villase of Ca Heights as follows:
SscrroN L PURPOSE AND
The purpose of this Local Law is (ri extend h torium for a period of ninety (90) days
on the Village's enforcement of violations o he sec sentence of Section 9 of the Villase of
Cayuga Heights Zoning Ordinance, and (b) to a requirement that any fence or wall to be
erected inthe Village during saidmoratorium will
for such fence or wall. The Village's Mayor and
i e issuance by the Village of a building permit
f Trustees recosnize that fences have been
erected within the Village that are non-compli ith dhe of ZoningOrdinance Section 9,that
the number of such fences has been increasi aI anacce ing rate in recent years, and that such
acceleration is apparently the result of the i
intent of this Local Law is to provide the Vi,
in the tion of deer within the Villase. The
's Mayor and T
evaluate the Village's options for am of said Zoning O
recent proliferation of non-compliant /ences throughqut the Vill tly in response to the
growth ofthe population of deerwithj,fr the Village, which evaluation nalysis the Village desrres
and before the Village
Further, on March gth,2070, Local Law No. 1 of 2010 was filed with t ecretary of State
ees the opportunity to analyze and
:ttrinance Section 9 in light of the
and will expire on June 9'h,?010. Said Local Law No. 1 of 2010 addressed the isb
and the Villase's Mavor and Trustees would now like ito extend said moratorium fr
stated above
(90) day period commeneing on the date of expiration of Local Law No. i. The intent
Law is to assure the continuation of Local Law No. 1 without intemrption.
her ninety
this Local
SscrroN II.AUTHOzuTY.
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) Article 5-J of the General
Municipal Law.
Page I of 2
Spcuox III. EXTENSION OF MORATORI.UM.
A. As of the effective date of this Local Law, and continuing for a period of ninety (90)
days from such effective date, the Vill4ge of Cayuga Heights will not take or initiate
any administrative, judicial or legal actlon to enforce the requirements set forth in the
second sentence in the Village of Cayuga Heights ZonrngOrdinance Section 9 which
reads "Fences over four feet in height dre permitted only when set back to the same
yard requirements as for buildings." This moratorium on the Village's enforcement
of the terms of the second sentence of Section 9 will apply only to fences in existence
as of the effective date of this Local Law.
As of the effective date of this Local Ldw, and continuing for a period of ninety (90)
days from such effective date, the ereiction or construction of any fence or wall,
regardless of the height of such fence or wall above the natural grade, shall require a
building permit signed by the Code Errrforcement Officer of the Village of Cayuga
Heights. In any event that any applicalrt for such a building permit for a fence or a
wall is denied such permit on the baqis that the proposed fence or wall is non-
compliant with anyterm of the ZoningQrdinance, then, as in any such case of denial,
the applicant for the building permit would have the right to appeal the Code
Enforcement Officer's denial and requdst an atea variance for the proposed fence or
wall from the Village's Zoning Board of Appeals.
From the effective date of this Local Lpw forward until the moratorium established
hereby has been terminated or otherwiso expires, if the erection or construction of any
fence or wall is commenced in violatiotr in the terms of this Local Law or otherwise
in violation of the terms of the Village's Zoning Ordinance, the Village reserves the
right to take any enforcement action as the Village deems necessary or appropriate,
including but not limited to such enforcement action as may be necessary or
appropriate to cause such construction br erection to cease andlor to be removed.
SecrroN fV. SUPERCEDING EFFECT.
All Local Laws, resolutions, rules, regulations and othef enactments of the Village of Cayuga Heights
in conflict with the provisions of this Local Law archerbby superceded to the extent necessary to give
this Local Law fulIforce and effect.
Sscrrolr V. VALIDITY.
B.
C.
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.
SscrroN VI. EFFECTIVE DATE.
This Local Law shall be effective as of the date of expiration of Village of Cayuga Heights Local Law
No. 1 of the year2010.
Page 2 of
Page 1 of2
Norma Manning
From: Kristin Gutenberger [kgutenberger@bgdmlaw.com]
Monday, May 10, 2010 2:51 PM
Norma Manning; VCH-Trustees
'Randall B. Marcus'
Subject: Proposed Local Law "8" for the Trustee's meeiting tonight
Attachments: Proposed Local LawA.pdf; Proposed Local Lqw B - extending local law 1.pdf
Dear Village Trustees:
In anticipation of tonight's meeting and the contemplarion of extending the fence
'moratorium, which will expire on June 9th, 2010, I have prepared drafts of rwo
proposed Local Law's ("A" and "8"). Should the Trustee's desire to extend the
moratorium for another 90 days, the process coul[ follow two different courses of
action, which is the reason for the two proposed Local Laws.
Proposed Local Law "N' relates to re-enacting arnd extendingthe moratorium if the
public hearing is a{ggJune 9th, zo\o, Local Law No. 1's expiration date. One
suggestion is to have the hearing at the next regularly scheduled Trustee meeting on
June 14th, 2010. However, there will be a gap it the morarorium until the date
Local Law A is actually filed with the Secretary of State. (You shouid already have a
copy of this proposed Local Law A, but I am agairr attaching it to this email for
reference).
WHEREAS,
Sent:
To:
Gc:
Randy will be at the meeting this evening if you
comments.
Best regards,
Kristin E. Gutenberger
Associate Attorney
Barney, Grossman, Dubow, Marcus & Orkin, LLP
ll9 E. Seneca Street, Suite 400
Ithaca, New York 14850
607,773,6841 (P)
Proposed Local Law "8" would be utilized in the event a public hearing is held
priorto the June gtlt expiration date (and with enpugh time to file the Local Law
with the Secretary of State), which would allow for an effective date as of Local Law
No. t's expiration and for the continuation of thei original local law without
interruption.
have further questions or
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