HomeMy WebLinkAboutLL 15 of 1991 Posting Public Notices of Land Use Changes NEW YORK STATE DEPARTMENT OF STATE
L A Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(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.
of .....................................................I.t.h.a.c.a......................................I...........
Town
Local Law No. ............1.5................................... of the year 19 2i
A local law ..AMENPING- THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO
f�6H`CE*S.'OFLAN'D....U'SE***CHAN'GE"*AP*P*L*I'CAT*IONS***"******'******
POSTING PUBLIC i�
Town Board
Beit enacted by the ...........................................................................................................................................of the
(Name of Legislative Body)
Ithaca
Town ................................................................................................as follows:
Section 1. The Zoning Ordinance of the Town of Ithaca as
readopted, amended and revised effective February 26, 1968, and
subsequently amended, is further amended by inserting a new section
78-A entitled "Posting of Notices" reading as follows:
"SECTION 78-A. Posting of Notices. In addition to any other
notice required by law, a public notice shall be posted by the
applicant on the property that is the subject of certain
applications as set forth in this section.
1. The sign shall be posted in the following circumstances:
(a) If a variance, special approval, special permit, or
determination is being sought from the Zoning Board of
Appeals and the matter is not required to be heard by the
Planning Board before action by the Zoning Board of Appeals,
the notice shall be posted before the initial Zoning Board
of Appeals public hearing on the matter.
(b) If a variance, special approval, special permit, or
determination is being sought fran the Zoning Board of
Appeals but a reccm-aendation relating to such action must
first be received by the Board of Appeals from the Planning
Board before the Zoning Board of Appeals determines the
matter, the notice shall be posted prior to the first
Planning Board public hearing on the matter.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
)OS-239 (Rev- 7/90)
(c) If a subdivision or site plan approval is being sought
from the Planning Board, the notice shall be posted before
the first Planning Board public hearing on the application.
(d) If the application is for rezoning of a parcel or
parcels of land in conjunction with a proposed development
on same a notice shall be posted and it shall be posted
prior to the initial Planning Board hearing on the proposed
rezoning. If the rezoning is a rezoning generally of the
neighborhood independent of a particular application for a
particular project, or is a rezoning of an area of more than
300 acres, there shall be no posting requirement unless the
Town Board directs such posting. In such event the Town
Board may designate the location and frequency of such
posting, which may be different than otherwise required
hereunder.
2. The posting shall occur at least 14 and not more than 30
days before the first meeting of the Board at which the matter is
to be heard as set forth above.
3. The sign shall be posted in a location clearly visible from
the roadway at or near the center of each of the property lines
of the property under consideration which property line fronts on
an existing public or private roadway. If the road frontage
exceeds 1,000 feet, signs shall be posted at 500 foot intervals
along the frontage. When the Town Planner or Town Building
Inspector and Zoning Enforcement Officer finds that the
particular circumstances of an application warrants more signs
than required by this provision, the applicant shall post such
additional signs as may be directed by either of such officers.
4. Such signs shall be continuously maintained by the applicant
and displayed faiC-Lng the roadway until final action has been
taken by the Board involved approving or denying the application
or appeal, or until the application is withdrawn. Signs shall be
removed within 15 days of the final action or withdrawal of the
application.
5. The required signs shall be obtained from the Town Planner,
.Town Building Inspector and Zoning Enforcement officer, or Town
Clerk and shall contain the information set forth on the form of
sign supplied by the Town. There shall be no fee for the first
sign. If additional signs are required the applicant shall pay a
non-refundable fee for each subsequent sign or replacements
thereof. The fee shall be $3.00 per sign.
6. Failure to post or maintain the signs as provided in this
Page la
section shall not be a jurisdictional defect and any action taken
by any Board in connection with the application shall not be
nullified or voidable by reason of the failure to comply with
this section. However, the failure to post or maintain the sign
my be grounds, should the Board involved in its discretion so
determine, to deny the application sought or to decline to hear
the matter at the scheduled meeting date by reason of the failure
to have the appropriate signs installed and/or maintained. The
appropriate Board may, on good cause shown, waive the requirement
of the posting of signs as called for by this section."
Section 2. If any section of this law is declared invalid by a
court ofcompetentjurisdiction such invalidity shall not affect the
remaining provisions of this ordinance which shall be in full force
and effect.
Section 3. This local law shall take effect upon its publication
as required by law.
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(Complete the certification in the paragraph that applies to the filing of this Iocal Iaw and
strike out that which is not applicable,)
(Final adoption by local legislative body only.)
hereby certify that the local law annexed hereto, designated as local law No. 15 of 19 91
if the {Townj�' of Ithaca • was duly passed by the
Town Board on October 3, 19 91, in accordance with the applicable provisions of law.
,i ame of egislativeBody)
".. (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 19
if the (County)(City)(Town)(Villaee) of was duly passed by Tie
on 19_, and was (approved)(not disapprove d)(repassed after
(Name of Legi3lative Body
iisapproval) by the and was deemed duly adopted on 19_
Elective Chief Executive Officer'
n -ordance 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
)f the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
dame of Legislative Body)
iisapproval) by the on 19_ Such local law was
Elective Chief Executive Officer'
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
rote of a majority of the qualified electors voting thereon at the (general)(special)(annual) ele::tion held on
19_, in accordance with the applicable provisions of law.
1. (Subject to permissive referendum and final adoption because no valid petition vvas filed requesting
referndum.)
hereby certify that the local law annexed hereto, designated as local lave No. of 19--
)f the (County)(City)(Tow•n)(Village) of was duly passed by tho
on 19 , and was (npprov'ed)(not disappro ved)(repassed after
I4 me of Legislative Body
ii< proval) by the on 19_ Such local law• vvas subject U)
Elective Chief Executive Officer'
termissive referendum and no valid petition requesting such referendum was filed as of __ 19`
n 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 chairman 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.
(7)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the Citv 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
of a majority of the qualified electors of such city voting thereon at the (special)(generaI) election held on
19_, became operative.
6. (County 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 appropritate certification.)
I rther certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local la-w, and was finally adopted
in the manner indicated in paragraph 1 , above.
f
Town 0MClerk
(Seal) Date: October 11, 1991
(Certification to be executed by County .attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct test and tint nil proper
p,r�7,aeedings have been had or taken for the enactment of the local law annexed hereto.
Signature I+
1 John C. Barney
Town Attorney
Title
on of Ithaca
Town --- —
1
Date:
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(3)