HomeMy WebLinkAboutLL 09 of 1990 Extraction or Deposit of Fill (Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law slmuld be given as amended. Do not include matter being
elinthrated and do not use italics or underlining to indicate new matter.
�of......................................I thaca.....,,............,.....,........................................».
Town
LocalLaw No.....................g...................................of the year 19 IQ.....
A local law.... LADING .THE ZONING. . . . ...ORD. ... ... ......
ORDINANCE RELATING TO THE EXTRACTIO. . .N.......
............. ................................................. .. ...... ......... .......................
..
(twe"tkle)
OR DEPOSIT OF FILL AND RELATED PRODUCTS*
Be it enacted by the ............................Town,Board.,.,... ..................,»,..„.................................of the
(Nome d Lealmlatlrs Ndr)
of...........................................................Ithaca............................. ............................................... as follows:
Town "'"
The Zoning Ordinance of the Town of Ithaca as re-adopted, amended, and
revised, effective February 26, 1968, and thereafter further amended,
be further amended as follows:
1. Article XIII, Section 70 is hereby amended to read as follows:
"SECTION 70. Extraction or Deposit of Fill and Related
Products. In any district no more than 50 cubic yards of fill,
sod, loam, sand, gravel, stone or similar materials shall be
deposited or removed or offered for sale in any one year, except
in connection with a public work on the property or the removal
of silt or other recently accumulated material that blocks a
normal flow of a water course, without the special approval of
the Board of Appeals. In applying for such approval, the
applicant shall submit to the Board a plan of the proposed
project, showing property lines, and adjacent public ways, grades
and depths of proposed deposit or removal, soil types or fill
types to be deposited or removed, erosion control during and
after construction, projected duration of project, proposed
regrading and replanting of the property upon completion of the
operation, and such other items as the Board or Town Engineer may
require to adequately review the proposed project. The Board
shall not act until the Town Engineer has reviewed such plan and
advised the Board that in the Engineer's professional opinion the
M`(If additional space is needed, please attach sheets of the some size as this and number each)'"
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plan adequately protects the property and surrounding properties
from significant adverse consequences of such deposit or removal,
including, when completed, adverse drainage, erosion, visual or
other adverse impacts. Before issuing a special approval, the
Board shall make the same findings as are required for the
Engineer's opinion. In considering the proposed use the Board
shall take into account the distance of the operation from
neighboring property and public ways, the possible detriment of
such use to the future development of the land in question, and
significant nuisance or detriment of the operation to neighboring
landowners and to the community as a whole. The Board may impose
such conditions upon the applicant as it deems necessary to
protect the general welfare of the community, which may include a
time limit upon operations, standards for performance, and the
requirements that a performance bond be posted to insure
compliance with the requirements of this ordinance and with any
further reasonable conditions imposed by the Board. In the event
that the proposed movement of material involves the deposit or
extraction of more than 2,500 cubic yards, the matter shall first
be referred to the Planning Board for its recommndation before
the Board of Appeals makes its final decision.
The following are excepted from the requirements set forth above:
1. Any normal building operation in connection with a legal
building permit, such as excavation, filling, or grading, shall
be excepted from the provisions of this Section provided,
however, that this exception shall apply only where the total
amount of material moved from one place to another place on the
construction site is less than 700 cubic yards and where the
amount of material removed from the construction site to an
off-site location (or brought to the construction site from an
off-site location) is less than 500 cubic yards. For the purpose
of this section a "construction site" consists of the larger of
the following areas:
(a) an area of 30,000 square feet in which the proposed
construction is to be located; or
(b) the area contained within the footprint of the proposed
structure plus an additional 50 feet adjacent to the
perimeter of the proposed structure.
2. Removal or deposit of fill in connection with the
construction of a septic field or septic system on an individual
lot pursuant to a permit obtained from the Tompkins County Health
Department.
3. Removal or deposit of fill in connection with construction
in accordance with a site plan approved by the appropriate Town
authority (e.g. Town Board, Tbwn Planning Board or Zoning Board
of Appeals) provided that such construction occurs within three
years of the final approval of such authority.
4. Removal, movement, or deposit of not more than 500 cubic
yards of fill in an Agricultural Zone in any three year period in
conjunction with one or more bona fide agricultural uses."
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2. This law shall take effect upon its publication as required by
law.
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(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 legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ....... ........of 19.16.
of tf►eRoof........Ithaca Town Board
......................was duly passed by the............I....(N ..............................................
(Name of Legislative Dody}
o......0etober 1................19.90. in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No.....................of 19........
County
Cit
of the Town of......................................was dulypassed b the
��(Name of Legtslative�Dody}
Village
not disapproved
oil.................................................19........ and was approved by tile.......................................................
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.)
I hereby certify that the local low annexed hereto,designated as local law No................... of 19..........
County
of the City of......................................was duly passed by the................ ..........................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Ghief T�xecuttve Officer
on......................................................................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 with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition Wall requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No................... of 19..........
County
City was duly pnssed by the. ...... . ...................on
of the Town of...............:...................... ..............Legislate e ......
(Name of Legislative Body)
Village not disapproved
......................................................19........ and was approved by the.........................................................on
repassed after disapproval Elective Chief Executive Otncer
..........................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed,said local low was deemed duly adopted on
............................................................ 19........,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 countywide 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 power to approve or veto"laws or ordinances.
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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 City of..........................................................................having been submitted to referendum pursuant to the
provisions of §37 of the Municipal IlomelluleLaw,and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on...............
general
................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 tiie
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 Muni-
cipal Ilome 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
certification.)
PW I further 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 law, and was
finally adopted in the manner indicated in paragraph............1............. above.
Town MMIM Clock as
Date: October 3, 1990
(Seal)
(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.......................
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.
,........ I........
Slpature John C. Barney
Town Attorney,. ,,,, ,,,,
........ .......... ....
Tit
Date: 1;2/31 C �L? Ithaca .
Townof..........................................I......................
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