HomeMy WebLinkAboutLL 05 of 2018 Stream Setback Provisions TOWN OF ITHACA
LOCAL LAW NO. 5 OF THE YEAR 2018
A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE,
CHAPTER 270 ENTITLED "ZONING," TO MODIFY STREAM SETBACK PROVISIONS
PERTAINING TO THE IDENTIFICATION OF STREAM SETBACKS ON
APPLICATIONS AND PLATS AND OTHER RELATED PROVISIONS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXVI(Special Regulations), of the Town of
Ithaca Code, Section 270-219.5.1), titled"Stream setback standards," subparagraphs 13 and 14
are deleted in their entirety and replaced by new subparagraphs 13 and 14 reading as follows:
"(13) An applicant will be responsible for identifying the approximate limits of the stream
setback on all subdivision applications. In addition, an applicant will be responsible
for identifying the approximate limits of the stream setback on all site plan
applications, special permit, special approval and variance applications, building
permit applications, and excavation or fill permit applications, where project limits
(which term includes any soil-disturbing activity, staging, or other development-
related activity) are within 100 feet of the outer edge of Zone 2, including
adjustments for slopes and wetlands. This identification shall be done at the time of
submission of any application. The applicant shall provide evidence satisfactory to
the town through documentation, on-site markings, or other means that the proposed
activity is outside of the stream setback zones (or if not, that a variance will be
sought). This identification shall be subject to review and approval by the appropriate
board or officer.
(14) The Planning Board shall require the identification of the approximate limits of the
stream setback on all subdivision plats and site plans for properties to which this
§ 270-219.5 applies. A note shall be placed on the approved plat and site plan
indicating that the property is subject to Town of Ithaca zoning provisions regarding
stream setbacks, and that restrictions and setbacks on development, soil disturbance,
vegetation removal and other activities apply. The Planning Board and Zoning Board
of Appeals shall reference any stream setback zones in any special permits, special
approvals or variances they grant. The Planning Board and Zoning Board of Appeals
may require stream setback zone restrictions to be incorporated into the deeds for
properties that contain such setbacks."
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
Adopted October 29, 2018
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE CO-MMERCE PLAZA - -ANDREW E&_-CUOM-O
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
November 14, 2018
Debra DeAugistine
Town of Ithaca
215 N Tioga St
Ithaca NY 14850
RE: Town of Ithaca, Local Law#5 2018, filed on 11/7/2018
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
NEW YORK Department
STATE OF
OPPORTUNITY_ of State
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, at 12231-0001
www.dos.ste.n .us/corps
(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.
❑County ❑City ❑x Town ❑Village
(Select one.)
of Ithaca
Local Law No. 5 of the year 2018
A local law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning,"to Modify Stream
(Insert Title)
Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications
and Plats and Other Related Provisions
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City ❑x Town ❑Village
(Select one.)
of Ithaca as follows:
See attached.
(If additional space is needed, attach pages the same size as this sheet,and number each.)
DOS-0239-f-I (Rev.06/12) 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. 5 of 20l$ of
the (County)(City)(Town)(Village) of Ithaca was duly passed by the
Town Board on October 29 2018 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*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-f-I (Rev.06/12) Page 3 of 4
5. (City local law concerning Charter revision pro�msadbv ]
| henebvme�Uythedthe |ocm| |owannexedhmnsbz' desi natedao |oca| lawNo. of2Oof
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote ofamajority nfthequa|ifiede|echznsofau:hcityvoUng
thereon mtthe (apecia|)(gennna|) election held on 2O____. became operative.
G- (County local law concerning adoption ofCharter.)
I hereby certify that the local law annexed hereto, designated as local law No. of2Oof
the County of StateofNew York, having been submitted tothe electors atthe General Election of
November 20—, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote ofemajority ofthequo|ifiede|eotomofthecitieaofaoidcountymaaunitandam jorityofthe
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 certification.)
I further certify that | have compared the preceding local law with the original on file in this office d that the same is a
correct transcript therefrom and ofthe whole ofsuch original local law, rih
paragraph 1 . above.
the4---coounty legi tive ody, CIty, i%6�e Cle&or
-
officer ted by local e islative�od
/SeaU~ ��� Date:
— r^
OOS-0289�| VRev.00/12> Page 4of4