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HomeMy WebLinkAbout1997 #5(Please Use this Form for Filing your local 1,211' wkh (lie 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 ne%%, matter. C"bK4, Gjq "1 ow n of...GROTON................................................ Viijaw Local Law No........... 5 ............. of the }'car 19 97....... . n A local law .Prgyidi .. .... , 9 fo r a moratori um for the establishment of wireless communication towers and antennas *i*n 'the Town *of *Groton (I„,,,',,;,tr) for 'a 'period' 'of '1'$0' days'.' Ile ' TOWN BOARD it by'the. ................................................................ of tile Manic of I cgislaik c Body) Gomtlq, GRy o f GROTON TO11,n........................................................... as follows: VA Kyt. Section 1. Title. This Local Law shall be referred to as the "Moratorium for the Establishment of Wireless Communication Towers and Antennas in the Town of Groton for a Period of One Hundred Eighty (180) Days.” Section 2. Purpose. Pursuant to the statutory powers vested in the Town of Groton to regulate and control land -use, and to protect the health, safety and welfare of its residents, the Town Board hereby declares a 180 day moratorium on the establishment, placement, construction, enlargement and erection of wireless telecommunication towers and antennas in the Town of Groton. The Town of Groton presently has no regulations that govern these wireless telecommunication towers and antennas. However, the Town anticipates the receipt of applications for the construction of these facilities. Due to the rapidly evolving • technology and rural location of the Town of Groton it is anticipated that the requests to construct additional towers and antennas of this type will increase over time. The Town Board desires to study and address the establishment, placement, construction, enlargement and erection of wireless telecommunication towers and antennae in a comprehensive manner taking into account the present and proposed land - use development in the Town and to amend its present Land Use and Development Code to adequately address these concerns and to regulate said use. Section 3. Scope of Controls. A. During the effective period of this- local law: 1) The Town Board shall not grant any approvals for the establishment, placement, construction, enlargement and the erection of a wireless telecommunication tower or antenna by zone change or otherwise. 2) The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special permit or any other approval which would result in the establishment, placement, construction, enlargement or erection of a wireless telecommunication tower or antenna. (If additional space is needed, please attach sheets of the same size as this and niiinber each) 3) The Town Zoning Board of Appeals shall not grant any variance for any use which would result in the establishment, placement, construction, enlargement or erection of a wireless telecommunication towel- or antennae. 4) The Town Code Enforcement Officer will not issue any permit which would result in the establishment, placement, construction, enlargement or erection of a wireless telecommunication tower or antenna. B. The Town Board reserves the right to direct the Town Code Enforcement Officer to revoke or rescind any Building Permits or Certificates of Occupancy issued in violation of this Local Law. Section 4. No consideration of new applications. No applications for construction affected by this Local Law or for approvals for - site plan, subdivision, variance or any other such permits shall be considered by any board or agency of the Town of Groton while this Local Law is in effect. Section 5. Term This Local Law shall be in effect for a period of 180 days from its effective date. Section 6. Penalties Any person, firm or corporation that shall establish, place, construct, enlarge or erect any wireless telecommunication tower or antenna in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: A) Such penalties as may otherwise be provided by law, rule or regulation of the Town of Groton for violations; and B) Injunctive relief in favor- of the Town of Groton to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction which may have taken place in violation of this Local I,aw. Section 7. Validity The invalidity of any provision of this Local Law shall not effect the validity of any other provision of this Local Law which can be given effect without such invalid provisions. (N (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) , 1. (final adoption by local legislatiie bode only.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 .9?.... c& 4my mcg Groton Town Board of theof ................ was duly passed by tile ........................................ . ]own (Name of i.egislative Body) '1438W on .. _December..29,....... 19.97 ... in accordance with the applicable provisions of law. 2. (Passage by local legislative body witli approval or no disappro,al by Electii-e Chief ExecutiN-e Officer,* or repassage after disapproval.) hereby certify that the local la,v annexed hereto, designated as local law No. ......... of 19........ County of the City of ................ was duly passed by the ........................................ . Town (Name of Legislative Body) V illage not disapproved on ............................. 19 ........ and was approved by the ........................... . repassed after disapproval Elective Chief Executive officer' and was deemed duly adopted on .................................. 19 ......... in accordance with the applicable provisions of law. 3. (final adoption by referendum.) hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County of the City Town of ................ was duly passed by the ........................................ . (Name of Legislative Body) Village not disapproved ori ............................. 19 ........ and was approved by the ............................ repassed after disapproval Elective Chief Executive officer' Oil .................................. 19 .......... Such local law was submitted to the people by reason of a mandatory referendum and received the affirmative vote of a majority of the qualified electors voting permissive ' general thereon at the special election held on .............................19 ......... in accordance \vith the applicable annual provisions of law. (Subject to permissiie referendum, and final adoption because no N-alid petition filed requesting, referendum.) I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ County of tileCity of ................ was duly passed by the ...................... ................. . Town (Name of Legislative Body) Village not disapproved Oil ............................. 19 ........ and was approved by the ........................... . repassed after disapproval Elective Chief Executive Of ficer' Oil .................................. 19 .......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on .............................19 ......... in accordance with the aPplicable provisions of law. `E;lecth'e Chief Execrrthe Officer means or inchides the chief executii-e officer of a count}, elected on a county-i%-ide basis or, if there be none, the chairman of (lie county legislative body, the mayor of a cite or N-illage or the supers isor of a toN n VN'here such officer is bested with pother to approie or Neto local lam or ordinances. (3) 5. (City local law concerning Charter re%-ision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the provisions of36 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the general! election held on ............ ............ 19......... became operative. 6. (Count), local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. ........ of 19......... of the County of .......... . .......... . State of New York, having been submitted to the Electors at the General Election of November ............ . 19......, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certifica- tion.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and i f the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............. above. Clerk of the County legislative body, City, Town or Village Clerk or off icer designated by local legislative body COLLEEN PIERSON Date: /flay/(?7 (Sea]) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK CO U N T Y O f.... TOMPKINS ... .... .... . 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Francis ,. Casullo, Town Attorney ................................................... Title Cx�lx�icy Date : /c7 /0? ��'�� Croton f � Town of ................................. . 'WHWx (4)