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HomeMy WebLinkAboutLL 08 of 2008 Moratorium in NE Extension.doc TOWN OF ITHACA LOCAL LAW NO. 8 OF THE YEAR 2008 A LOCAL LAW EXTENDING THE MORATORIUM ON DEVELOPMENT IN THE NORTHEAST CORNER OF THE TOWN THROUGH DECEMBER 20, 2008 Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds: A. The Town Board of the Town of Ithaca adopted Local Law No. 9 of the Year 2007, entitled “A Local Law Providing for a Moratorium on Development in the Northeast Corner of the Town for a Period of Two Hundred Seventy (270) Days,” which local law became effective on September 19, 2007, and expires on or about June 14, 2008. B. The Town Board has been undertaking the study referenced in paragraph P of Local Law No. 9 of the Year 2007 through its consultant, LeCain Environmental Services, Inc. (“LeCain”). C. In LeCain’s interim report dated November 29, 2007, and presentation to the Town Board on December 10, 2007, LeCain recommended that its ecological assessment of the lands affected by the moratorium, which began in late October 2007, be extended through early September 2008 so that surveys could be conducted through a full growing season. As LeCain’s interim report explains, surveys throughout the full growing season are needed to make an accurate and definitive assessment of the ecological value of the study site. D. LeCain’s February 29, 2008 letter to the Town proposes to extend field work until late August of 2008, with LeCain’s draft report of findings submitted to the Town within thirty (30) days of field work completion. E. Pursuant to this schedule, the Town Board anticipates LeCain would discuss its written report and findings at the Town Board’s October 20, 2008 meeting. F. The Town Board further anticipates that its review, study and consideration of the LeCain report and the other reports, plans, documents and information related to the areas affected by the moratorium can be completed, and legislation and revisions to plans, if needed, can be drafted and properly adopted by December 20, 2008. G. The Town Board is concerned that any new legislation and plan revisions would be significantly subverted if development proposals were to be entertained and possibly approved before the Town Board completes the review and study process and considers legislation and plan revisions. March 10, 2008 1 H. Extension of the moratorium until December 20, 2008, will protect the public health, safety and welfare and further the goals of the moratorium by preventing the consideration and approval of certain types of development during the limited time the Town needs to complete such review and study and adopt such legislation and plan revisions. Section 2. Local Law No. 9 of the Year 2007 is hereby amended as follows: A. Section 1.Q is amended to read as follows: “Q. It is anticipated that the Town Board’s review, study and consideration of these issues can be completed, and legislation and revisions to plans, if needed, drafted and properly adopted by December 20, 2008.” B. The first sentence of Section 2 is amended to read as follows: “Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through December 20, 2008, prohibiting each of the following actions on Town of Ithaca Tax Parcels 70-10-3.5 (24.16 +/- acres); 73-1- 2.2 (29.35 +/- acres); 73-1-8.1 (2.40 +/- acres); and 73-1-8.22 (23.34 +/- acres), regardless of the submittal or receipt of any application prior to the effective date of this local law, unless permitted under Section 3 hereunder:” The rest of Section 2 (paragraphs A-G) remains unchanged. C. Section 7 is revised to read as follows: “Section 7. Term. This local law shall be in effect through December 20, 2008, provided, however, that the penalty section shall remain in full force and effect after such date for the purpose of prosecuting any violation which occurred during the effective period of this local law.” Section 3. Any provision of Local Law No. 9 of the Year 2007 not amended herein remains in full force and effect. Section 4. Validity. 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 5. Effective Date. This local law shall take effect upon publication of the local law or an abstract of same in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is the last to occur. March 10, 2008 2