HomeMy WebLinkAboutLL 02 of 2012 Deposit and Removal of Fill TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 2012
A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF
ITHACA CODE REGARDING DEPOSIT AND REMOVAL OF FILL
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 270-217, entitled"Extraction or deposit of fill and related
products," is amended as follows:
A. Delete the heading and replace it with "Deposit or removal of fill and
related products."
B. Delete subsection A and replace it with the following new subsection A:
"The deposit and removal of fill, including but not limited to soil, sod,
loam, sand, gravel, stone or similar materials (hereinafter referred to
collectively as `fill') is permitted in all zones, subject to the provisions of
this section. In any zone, the deposit or removal of more than 50 cubic
yards of fill on any parcel in any one year shall be permitted only upon
receipt of an approval pursuant to this section, 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 watercourse. In
addition, in any zone, the deposit or removal of more than 5 cubic yards of
fill on any parcel in any one year in or within 100 feet of a wetland as
defined in this chapter shall be permitted only upon receipt of an approval
pursuant to this section."
C. In subsection B, replace the two occurrences of the word "site" with
"parcel".
D. Delete subsection C and replace it with the following new subsection
C(1)-(4):
"C. The following deposits or removals of fill require approvals as set
forth in this subsection C:
(1) In any zone except for a Conservation Zone, the deposit or
removal of more than 50 but less than 250 cubic yards of
fill on any parcel in any one year shall be permitted only
upon receipt of approval by the Director of Public Works
pursuant to the procedures in subsection H below.
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(2) In any zone except for a Conservation Zone, the deposit or
removal of 250 cubic yards or more of fill on any parcel in
any one year shall be permitted only upon receipt of a
special permit from the Planning Board in accordance with
the procedures set forth in this chapter.
(3) In a Conservation Zone,the deposit or removal of more
than 50 cubic yards of fill on any parcel in any one year is
permitted only upon receipt of a special permit for same
from the Planning Board in accordance with the procedures
set forth in this chapter.
(4) Notwithstanding the foregoing, in any zone, the deposit or
removal of more than 5 cubic yards of fill on any parcel in
any one year in or within 100 feet of a wetland is permitted
only upon receipt of a special permit for same from the
Planning Board in accordance with the procedures set forth
in this chapter."
E. Subsection D is amended as follows:
1. Replace the two occurrences of the phrase "Town Engineer"with
"Director of Public Works".
2. Delete the phrase "Board of Appeals" and replace it with the
phrase"Planning Board".
3. Add the word"wetlands," after the word "watercourses,".
F. Subsection E is amended as follows:
1. Replace the phrase "special approval from the Board of Appeals"
with"special permit by the Planning Board" in the first sentence.
2. Replace the phrase "Before issuing a special approval,the Board
shall make the same findings"with"Before issuing a special
permit, the Planning Board shall make the same findings" in the
second sentence.
3. Replace the phrase "Town Engineer"with"Director of Public
Works" in the first sentence.
4. Replace the phrase "Engineer's opinion"with "opinion of the
Director of Public Works" in the second sentence.
G. Delete subsection G.
H. Subsection H is amended as follows:
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1. Delete the subsection H heading and replace it with the following
phrase:
"Proposed deposit or removal of less than 250 cubic yards of fill
where approval is required by the Director of Public Works."
2. In the first sentence of subparagraph(1), replace the phrase "In the
event that the proposed movement of fill involves the deposit or
extraction of less than 250 cubic yards, the Town Engineer may
grant written approval provided that the Engineer determines,
before issuing the approval, that the proposed plan"with the
following phrase: "Where approval of the Director of Public
Works is required, the Director of Public Works may grant written
approval provided he or she determines, before issuing the
approval, that the proposed plan".
3. In subparagraph(2), replace the one occurrence of the phrase
"Town Engineer" and the two occurrences of the word"Engineer"
with"Director of Public Works".
I. Subsection I is amended as follows:
1. Delete subparagraph 3 in subsection I and add the following new
subparagraph 3:
"(3) Deposit or removal of fill in connection with construction
in accordance with a site plan approved by the Town
Planning Board,provided that such construction occurs
within three years of the final site plan approval.
Notwithstanding the foregoing, if fill is being removed to
or from another site in the Town, and if the plans for the
removal from, or deposit on, such other site were reviewed
by the Director of Public Works and the Planning Board
was advised of the results of such review and specifically
included the proposed disposition of such fill in its
approval, no further approval under this Section shall be
required provided the construction occurs within the time
limits set forth above. If the disposition of fill was not
specifically approved by the Planning Board in connection
with final site plan approval, this exception shall not apply
and the applicant shall be required to obtain approval for
the deposit or removal of fill relative to such other site in
accordance with the terms of this section."
2. Delete subparagraph 4 in subsection I and add the following new
subparagraph 4:
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"(4) Deposit or removal of not more than 500 cubic yards of fill
on any parcel in an Agricultural Zone in any three-year
period in conjunction with one or more bona fide
agricultural uses."
3. In subparagraph (5)(a), replace the phrase "Town Engineer"with
"Director of Public Works".
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.
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