The URL can be used to link to this page

Home My WebLink AboutLL-2021-No2-Moratorium-NYS-ApprovedSTATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY,NY 12231-0001 www.DOS.NY.GOV ANDREW M.CUOM0 GOVERNOR ROSSANA ROSAD0 SECRETARY OF STATE April 1,2021 Town Clerk Town of Danby 1830 Danby Rd Ithaca NY 14850 RE:Town of Danby,Local Law 2 2021,ﬁled on March 29,2021 Dear Sir/Madam: The above referenced material was ﬁled by this ofﬁce as indicated.Additional local law ﬁling forms can be obtained from our website,www.doS.ny.gov. Sincerely, State Records and Law Bureau (518)473-2492 EWYORK DepartmentSTATEOF OPPORTUNITY.ofŠtate New York State Department of State Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza,99 Washington Avenue Albany,NY 12231-0001 www.dos.ny.govLocalLawFiling (Use this form to ﬁle a local law with the Secretary of State.) Text of law should be given as amended.Do not include matter being eliminated and do not use italics or underlining to indicate new matter. DCounty city XTown Village (Select one:) of Danby Local Law No.2 of the year 20 21 A local law enacting a moratorium on subdivision in the low density residential zone (Insert Title) Town Board (Name ofLegislativeBody) Be it enacted by the of the OCounty DCity Town Vilage (Select one) of of Danby as follows: see attached. (f additional space is needed,attach pages the same size as this sheet,and number each.) DOS-0239-4-4 (Rev.04/14)Page 2 of 4 (Complete the certiﬁcation in the paragraph that applies to the ﬁling of this local law and strike out that which is not applicable.) 1.(Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No.2 the fGoutyfCty9(Town)ittege)of Danby Town Board (Name of LegislativeBody) provisions of law. of20 21of was duly passed by the in accordance with the applicableonMarch172021 2.(Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective Chief Executive Ofﬁcer.) I hereby certify that the local law annexed herete-desigaated es local-Hew Ne---------of-20------f was duly passed by thethe(CounyCIgITOWNJVMageo- (Name of Legislative Body) frepessedefterdisapprovahby the*** ,and was tapprovech(not apprOveth"-------------- änd wasdeemeddulyadopted (Elective Chief Executive Ofﬁcer) in accordance w ith the applicable provisions of law.on 20 3.(Final adoption by referendum.) Thereby certify that the local law annexed hereto,designated as tocattaw tNo:-of 20------of- the(Gountyl\Eity)(Fown)fVitage}of-------------was duly passed by the -20-----andwasfepprovedfnetepprovedon (Name of Legislative Body) (repasset after tisapprovaty by the -==-"20*** (Elective Chief Executive Ofﬁcer") Such tocat law-was-subitted+to the people by-reason ofa fmandatoryltpemissive)Teferendum,;and-receivedthre afﬁnative voterof arajority of theqoaiﬁetetctors Vothng thereonarte(generahtspectaij(amaa)slectior hetd M 26------r ineccordencewith the-appieabieprovisions-of lew----- 4.(Subject to permissive referendum and ﬁnal adoption because no valid petition was ﬁled requesting referendum.) -----of 20-----ot---tterety certfy trat thre tocat tawarrExEd trereto;destgnatedas tocattawN the-fGountyKGity\Town)iHage)of------wasdaty passet by the -20-----andwasfapprovedXnot approved)-on--(Name ofLegislativeBody) (repassedafterdisapprova)ty the- law-wes-subjectto-permissive-referendum-and-novelid petitio requestingsuch-referendunwas-ﬁled as-of--- 29----rir accordancewithrthe epplicabeprovisionsof-tew---. DT 20-----30chrtotal(Elective Chief ExecutiveOfﬁcer") *Elective Chief Executive Ofﬁcer means or includes the chief executive ofﬁcer of a county elected on a county-wide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such ofﬁcer is vested with the power to approve or veto local laws or ordinances. DOS-0239-4 (Rev.04/14)Page 3 of 4 5.(City local law concerning Charter revision proposed by petition.) thereby-certify thetthe local1aw amexed trereto;cesignatedas tocattaw No the-Gity-of-- ttheMunicipatttome Rute1aw;ardtravingTeceivedttre afﬁnativer vote of Tmajority tf tre qualiﬁet etectursofsochrcityvoting thereor atthefspeciattgeneratyelectionthetd on- "uf 20---uf ---having been-subatted tereferendum pursentto-the previsiens-ofseeion-f36\379of .*.---20-----becameoperative: 6.(County local law concerning adoption of Charter.) -+herebyeertify-thet-the local-ew ennexed hereto,designated-astoeattew Ne:------f20------of ---m-m-Stateof NewYork;havng teen sunted to thEBIECOS"at thể Generar EteclönortheCvuntvo-------n -NevebeF------20-purstvantto sabdivisions and7ofsection-33 of the MunicipatHome Ruletaw;andtraving "recelvedtheratﬁrmatvevoteotamajorityoftheqaaiﬁed etors uf th CIESofSatd ountyasa it anda najoity ofthe queliﬁed eleetors-of the tewn of seid-coUAtyeensideredes a-uAtvoting atsaid-generat eleetion-becaAe-operative--- (If any other authorized form of ﬁnal adoption has been followed,please provide an appropriate certiﬁcation.) +futher-oertify thet 4thaveoompered the preeedingleeatlaw-with-the originaton-ile ir thie-eﬁoe and tha-the erne-is-a coTTecttrarrscript trerefrurandrof tre wholr of suctroriginattocaltaw,andwas ﬁgaty atopted in theramer idicatedin paragraph poone-bove.-- Clerk őthè countylegislativebody,City,Town or VillageClerk or ofﬁce designated by local legislative body (Seal)doardn.2024Date: DOS-0239-4 (Rev.04/14)Page 4 of 4 TOWN OF DANBY LOCAL LAW NO. 2 OF THE YEAR 2021 A LOCAL LAW ENACTING A MORATORIUM ON SUBDIVISION IN THE LOW DENSITYRESIDENTIAL ZONE Be it enacted by the Town Board of the Town of Danby as follows: Section 1 TITLE This local law shall be known as “Moratorium on Subdivision in the Low Density ResidentialZone”, or herein variably as just the “local law” or the “moratorium”, each as the contextthereof so admits or requires. Section 2 AUTHORITY AND INTENT Thislocallawisapolicepowerandlanduseregulation.Itisintendedandisherebydeclaredto address matters of local concern. This local law is intended to be consistent with andadopted pursuant to the authority granted to the Town Board under the New York StateConstitutionandthelawsoftheStateofNewYork,includingbutnotlimitedtoTownLaw§§130 and 261,et seq., the New York State Constitution Article IX, Municipal Home Rule Law §10, and the Statute of Local Governments §10. Further, it is the intent of the Town Board that this local law and moratorium supersede allconflictingprovisionsintheTownofDanby’sZoningOrdinanceandSubdivisionRegulations. Section 3 PURPOSE The Town Board wishes to place a moratorium on consideration and approval of projectssubject to Subdivision pending the completion and adoption of zoning and subdivisionupdates, based on the adopted Comprehensive Plan and recommendations from the TownPlanning Board, the Planning Group, and the Town Planner pertaining to land use anddevelopment within the Town. The Town Board duly finds and declares that after years ofcomprehensive planning and public input and meetings related to the same, it is crucial tomaintain the status quo relative to land use developments and subdivisions during thefinalizing and adopting of zoning and subdivision changes, particularly for the resource andland use planning that is central and vital to public health, safety, land values, and ruralcharacter of a largely residentially-oriented, small town in the Finger Lakes Area of upstateNew York. The Town desires to consider any recommended land use regulations that guide futureresidential and commercial land use developments in order to ensure that all projects are Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 2 of 10 allowed, sited, and reviewed in congruence with Town’s vision of the community, and toensure that impacts are managed by appropriate land use regulations and resourceprotection laws and requirements. These may include measures that guide not onlydevelopment within a single parcel, but also shape the nature and distribution ofdevelopment within the boundaries of the Town in order to promote the goals andaspirations of the community. In particular, the 2011 Comprehensive Plan calls attention to the unique vulnerability ofDanby to loss of rural character by unplanned growth without improved land use anddevelopment regulations, and need for zoning, site planning and subdivision updates, forthe purposes of enhancing and implementing the vision of the Comprehensive Plan,including regulating where certain land uses may be sited and the intensity of developmentallowed,isthereforedeemedtobevitaltothepublichealth,safety,andinterestsoftheTownof Danby and its citizens, visitors, and surrounding communities and natural resources,whether the Finger Lakes proper or the remarkable inventories of scenic views this ruralpart of New York is blessed to preserve and seeks to protect. Section 4 FINDINGS The Danby Town Board finds, determines and makes the following declarations: A.ActionsofthetypessubjecttodiscretionaryreviewinandundertheTownofDanby’sZoning Ordinance or Subdivision Regulations , (hereinafter “Actions”) may affect theoverall nature and patterns of development within the Town. B.The Town Board finds that certain provisions previously expected to controldevelopment along low volume low maintenance roads can no longer be relied uponto limit reasonable development potential. C.The Town Board finds that the current zoning allows significantly more density anddevelopment than is envisioned in the Comprehensive Plan resulting in uncheckedsuburban sprawl and destruction of natural resources and rural character in the LowDensity Residential zone. D.Unchecked and non-regulated Actions create unreasonable risks pertaining to thelossofimportantlocalresourcesofvalue,aswellascreatepotentialconflictsbetweenresidences and other uses, and these potential losses and conflicts requireconsideration and mitigation to preserve desired characteristics, resources, andharmonies between adjacent uses in a rural environment. E.The Town of Danby’s 2011 Comprehensive Plan identifies, among others, thefollowing strategies for achieving the plan’s objectives regarding rural development: Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 3 of 10 i. B1.4.8 Prohibit or discourage development on erosion-prone steep slopes. ii. B2.1.2 Study improvements to the Town's present regulations to further protectnaturalresourceswhileprovidingforsensibleandflexibledevelopmentpatterns.Examples include, but are not limited to, conservation overlay zoning, incentivezoning (which would provide density bonuses in exchange for the protection ofimportant open spaces) and rural development guidelines. iii. B2.1.3 Streamline the development review process, particularly with respect tosmall subdivisions. Consider a minor land division permit for clusteredsubdivisions that meet certain rural development and environmental impactcriteria. iv. B2.1.4 Establish conservation standards for Unique Natural Areas and bufferzones around these areas v. C2.2.1Ensurethatexistingzoningandsubdivisionregulationsareconsistentwiththisobjective.(ObjectiveC2.2:PreserveandsupportDanby'shistoricandculturalresources to promote recreation and tourism.) vi. D2.1.3Reviewcurrentzoningregulationstoidentifytheirimpactondevelopmentof actively farmed or unused farmland and explore approaches, such as clustersubdivisions, flag lots, and rural compounds, that will promote conservation offarms without compromising land owners’ rights to a fair economic return. vii. E1.3.1 Create rural development guidelines and design criteria based on locallydesirable (i.e., neighborhood-based) characteristics for road widths, speed limits,proper roadside maintenance, erosion control techniques, and site amenities. viii. F1.1.1 Consider adding more protective language and specific references toworking with historic landscapes and sites to both the Zoning Ordinance and theSubdivision Regulations. F1.1.2 Develop design standards for new constructionthat reflect Danby's architectural heritage. ix. F1.4.5 Prohibit land uses that encourage or result in the loss, degradation, ordestruction of such historic and cultural areas, farms, farm buildings, and openlandscapes, as well as regulate other residential, commercial, and industrialdevelopments or operations that may negatively impact such resources byencouraging or incentivizing preservation, such as, but not limited to, utilizingclustering or TDR planning and zoning tools. Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 4 of 10 x. F2.2.2 Investigate tools available for preservation of historic farmingcommunities, with a focus on New England and the Mid-Atlantic. xi. H1.3.4 Enact strategies, laws, and regulations to prohibit and/or regulate the gasexploration and production industries, related industrial processes, and theirimpacts, individually and cumulatively, including, but not limited to, the use andadoption of modern zoning and land use tools, such as Transfer of DevelopmentRights (TDR), and the prohibition of heavy industries and high impact industrialand commercial uses, including by working with New York State, and its agenciesand authorities, to develop innovative tools to implement the Constitutionalauthority of the Town of Danby to self-determine its own future and land uses.This last step is deemed vitally important by the Town given the uniquetopography, geography, environmental, culture, and other important and vitalcharacteristics of the Town of Danby, as well as the herein expressed desire topreserve the vision of the Town and its residents to be and remain a rural smalltown with limited small scale and cottage-based businesses with viable tourismincome and activities. F.The Vision Statement of the Comprehensive Plan’s first component is: A communitythat values and seeks to conserve its rural character, including preservation andenhancement of the natural environment. G.It is anticipated that the Town will complete an update of the Town’s Zoning andSubdivision by the end of 2021. This will allow the Town Board to assess whetherexisting land use regulations are sufficient to support the vision of the Town asreflected in the Comprehensive Plan with respect to Actions, including residentialandnon-residentialsubdivisionsandprojectsasproposedtodevelopandchangethecharacteristics of, intensity of use of, and primary uses of parcels of land throughoutthe Town. H.The Town Board is concerned that protection of the Town’s interests, and the publichealth and welfare interests so implicated, could or would be damaged or subvertedif Actions (as defined in Section 5A hereunder) were to be entertained or approvedbefore the zoning and subdivision rules are updated as necessary or desirable toaddress land use and public health and welfare issues. Accordingly, to address theseissues, and to protect the public health, safety and welfare, it is the intention of theTown Board to stay the review or approval of Actions during the limited time theTown needs to complete the zoning and subdivision updates in support of thecommunity vision expressed in the Comprehensive Plan and other planningdocuments. Section 5 PROHIBITED ACTIONS Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 5 of 10 In the period from the effective date of this local law through the end of 2021, the TownBoardherebydeclaresamoratoriumprohibitingeachofthefollowing“Actions”intheTown,regardless of the submittal or receipt of any application prior to the effective date of thislocal law, unless such Action is exempt under Section 6 hereunder: A.The Acceptance, consideration, preliminary approval or final approval by thePlanning Board of any Sketch, Preliminary, or Final Plat for any land subdivision orthe review thereof within the Low Density Residential zone, including any waivers,appeals, or variance reviews by such board in relation to any prohibited Action. B.Acceptance, consideration, approval or denial by the Town of Danby Board of ZoningAppeals of any Action or any application for a waiver or variance in connection withany Actions prohibited herein (such authority being exclusively delegated to theTown Board under § 7, below). Section 6 EXEMPTIONS The following Actions are exempt from this moratorium and the terms and requirements ofthis local law: A. Any Action that has submitted a complete application, received final approval orconditional approval from the Planning Board, prior to the effective date of this locallaw. B. Any traditional Agricultural Action that is protected under Article 25-AA of theAgricultureandMarketsLawbybeingexemptundertheTownofDanby’ssubdivisionor site plan review procedures and laws. C. Traditional single-family residences and accessory buildings that are to beconstructedandemplaceduponanexistinglotthatareofasize,character,anddesignas to not trigger review under the Town of Danby’s subdivision or site plan reviewprocedures and laws. D. Any other ministerial building permit or other permit action that does not triggerreview under Town of Danby’s subdivision or site plan review procedures and laws. E. Any appeal or review seeking a variance or waiver in relation to an Action that hasalready been approved and which meets the requirements of Sections 6(A), 6(B),6(C) and 6(D), as applicable, above. F. Any Action or matter for which a waiver is granted under Section 7, hereunder. Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 6 of 10 Section 7 WAIVERS Should any applicant or owner of property affected by this moratorium suffer anextraordinary hardship as a result of the temporary requirements or limitations set forth inthislocallaw,thensaidapplicantorownermayapplytotheTownBoardinwritingforrelieffrom strict compliance with this moratorium (a “Waiver”) upon submission of proof of suchextraordinary hardship and the meeting of the standards and requirements set forth in thislocal law. For the purpose of this moratorium, an extraordinary hardship shall not be themere delay in being able to apply for some determination or approval related to an Actionduring the period of the moratorium. Any applicant and any property owner may apply to the Town Board for a Waiver of or fromanyoneormoreoftherequirementsorrestrictionssetforthinthislocallawand,upongoodcause shown, the Town Board may grant such relief, or so much relief as said Board maydetermine to be necessary and appropriate in accordance with the application and reviewcriteria set forth in this local law. A.Substantive requirements: No Waiver seeking relief or partial relief from therequirements and restrictions of this moratorium shall be granted unless the TownBoard shall specifically find and determine, and set forth in its resolution grantingsuch Waiver in whole or in part, that: 1.The failure to grant a Waiver will cause the petitioner extraordinary hardship, andsuch hardship is substantially greater than any harm to the general public welfareresulting from the Waiver (if granted in whole or in part). In considering this factor,the Town Board may consider the unique nature of the land in question, includingwhether the site of the proposed Action is affected by an exceptional topographic orother naturally occurring conditions as supports a Waiver. 2.ThegrantingofaWaiverwillhavenoclear,adverseeffectuponthegoalsorobjectivesbeing now undertaken by Comprehensive Planning and community-wide efforts toprotect and preserve the essential character and important resources of the Town,including potentially deleterious or irreversible impacts to open spaces, agriculturalresources and farming, and wildlife corridors and other significant ecologicalresources. 3.The Waiver is sought for an Action that is, or which by imposition of conditions orvoluntary land covenants and restrictions can be, harmonious with neighboring usesand the community planning efforts currently underway. 4.The extraordinary hardship is not the result of any delay, action, or inaction by theapplicant, the property owner, or any predecessors-in interest, and that such alleged Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 7 of 10 hardship has not been self-created. In considering this factor, the Town Board mayconsider whether the need for a Waiver is based in whole or in part upon a lack ofmaintenance or repair of the property or improvements thereupon, includingconsideration of the extent to which the existing improvements are aged, decrepit,obsolete, run-down, outmoded, or in a state of disrepair, and further includingwhether financial hardship has been materially promoted by such lack ofmaintenance, repair, or the property condition and causes thereof. 5.The impact and harm to applicant in denying a Waiver will be outweighed by thebenefit to the community in preserving the status quo pending completion of itsComprehensivePlan,andinconsideringthisfactortheTownBoardmayconsidertheapplicant’s or land owner’s vested rights and monetary investment “in the ground”,but such rights or investments shall be only one factor in the balancing test ofhardships and harms undertaken by the Town Board in consideration of this findingand factor. The costs and expenses of a Waiver application shall not be considered as,or be a part of, any monetary investment arguments, calculations, harms, orhardships. 6.The application for a Waiver is and was substantially complete at the time of filingand at the time the notice of public hearing was posted, such that all parties and theTown Board had a full and fair opportunity to consider the facts, bases, andarguments upon which the Waiver application and any Waiver approval was based.In evaluating this factor, the Town Board may consider whether the applicantadvanced new theories, facts, or arguments not set forth in the application as mayhave unduly and adversely impacted the Town Board’s ability to conduct a full andfair hearing, as well as the rights of participants and witnesses to prepare evidenceand address the application and Waiver request as submitted. 7.No relief granted in respect of the Waiver is greater than the relief requested by theapplicant in the petition, and no such relief is greater than the minimum amount ofrelief necessary to alleviate any extraordinary hardship, should a Waiver be grantedin whole or in part. B.Procedure: 1.Upon submission of a written application to the Town Clerk by any person seeking aWaiver,theTownBoardshallscheduleapublichearingwithin45days,upon10-dayspublished and posted notice, with due and similar notice to such applicant bypersonal service or by mailing notice thereof to the address of the applicant, whichshall be set forth in such application. Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 8 of 10 2.An application shall consist of all general materials required for a general sketch planmeeting or, if desirable or beneficial in the opinion of the applicant, such materials aswould be necessary to allow for a preliminary site plan or subdivision plat review,together with a description of the proposed land subdivision or proposed land uses.The applicant shall also include a delineation of the issues, facts, conditions, andfeatures, or mitigation of impact features, as will be proposed in such Action asaddress the proofs and evidence needed to support the required findings supportinga full or partial Waiver. The applicant shall be solely responsible to determine theextent to which factual and evidentiary matters are alleged and relevantly explainedin the application seeking a Waiver. All applications shall contain a subscribedcertification of the applicant stating that the foregoing application and its exhibitsconstitute the applicant’s full and complete application and set forth all bases uponwhich applicant relies upon for a Waiver. 3.At said public hearing, applicant and all other persons shall be entitled to submitevidence and have an opportunity to be heard, and the Town Board shall hear andaccept all evidence regardless of formal rules of evidence, instead giving weight tosuch testimony and evidence as it deems worthy of relevance and reliability. 4.Within 30 days of the close of the public hearing, or 45 days of the date of the firstpublic hearing, whichever shall first arrive, the Town Board shall issue its writtenfindings and decision and grant the Waiver in whole or in part, with or withoutconditions,ordenythesame.Denialwithoutprejudicetore-applyingisproperwherethe basis for denial is based upon an incomplete application, or applicant advancingarguments and facts in support of the finding of a substantial hardship that were notsummarily described in the application, which shall also be deemed an incompleteapplication. The fact that a hearing was conducted or concluded is not relevant to, oran acknowledgment that, any application was substantially complete at any time. 5.All determinations as to the criteria and findings set forth for Waivers shall be and bedeemed discretionary actions in respect of a legislative determination by the TownBoard, and all determinations shall be subject only to review in accord with Article78 of the New York Civil Practice Law and Rules. 6.Approving a Waiver in whole or in part is not an approval of the Action, which muststill undergo formal review, including environmental reviews as required underArticle 8 of the New York Environmental Conservation Law (including itsimplementing regulations). 7. All applicants and other persons proceeding with and submitting applications,documents, surveys, site development designs, or other documents in support ofapplications, or evidence or testimony provided or planned to be submitted at any Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 9 of 10 hearing(s), shall be incurred and undertaken at such applicant’s or person’s sole costand expense, including all surveying, engineering, planning, and legal expenses, andother professional fees and expenses, together with all costs and other expensesgenerally. The results of any Waiver application entitle neither the Town nor anyother applicant, party, or participant to recover any portion of such fees, costs, orexpenses. Section 8 VALIDITY AND SAVINGS If any provision of this local law, whether as written or applied, shall be adjudged by anycourt or tribunal of competent jurisdiction to be invalid or unenforceable, such judgment ordetermination shall not affect, impair or invalidate the remainder of this local law and shallbe confined in its operation and interpretation only to the circumstances, persons, andprovisions of this local law directly involved in the controversy in which such judgment ordetermination shall have been rendered, and such invalidity or unenforceability shall not beappliedtootherpersonsorcircumstances.Ifsuchprovisionmaynotbesosavedthenitshallbe deemed severed from this local law and the balance hereof shall survive. Section 9 LIMITATION UPON TOWN LIABILITY The Town, and its officers, employees, and agents shall not be liable or responsible for anyinjuriestopersonsordamagestopropertyduetotheTown’sactions,orfailurestoactunderor pursuant to this local law unless it is proven to a reasonable degree of certainty that suchalleged act of, or failure to act by, the Town was a primary cause of such injury, loss, ordamage and was principally caused by a willful or intentional act of the Town, its officersand agents. This provision shall be construed and applied to the maximum extent permittedby law, does not waive any sovereign or governmental immunity of the Town, and does notcreate any theory or claim of liability where none exists at law or in equity. Section 10 ARTICLE 78 Any person aggrieved by any decision or determination of the Town Board in respect of theapplication of this local law or the issuance or denial of a Waiver hereunder, may have saiddecisionordeterminationreviewedbytheSupremeCourtinthemannerprovidedbyArticle78 of the Civil Practice Law and Rules. This provision shall not, however, expand thejurisdiction, scope, or applicability of said Article 78, create a right of standing where suchright does not otherwise exist, or waive any claims, rights, or defenses the Town may haveregarding questions of law or fact pertaining to the judicial and legal concepts of ripeness,standing, timeliness, governmental immunities, or of any other matter. Further, alladministrative remedies and appeals must be fully exhausted before any Person maycommence any proceeding under said Article 78. Town of Danby Local Law No 2 of the Year 2021 Moratorium on SubdivisionPage 10 of 10 Section 11 EFFECTIVE DATE This local law shall take effect immediately. Vote Recorded on 17 March 2021: Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon X