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HomeMy WebLinkAboutLL 1999 #1 Telecommunications Tower Moratorium ••1.dca,l Law'Filing • NEW YORK STATE DEPARTMENT Of sTATE • 162 WASHINGTON AVENUE; ALHANY, 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. Getrnty • . • Towu of DANBY • ‘14l4inge- • Local Law No. 1 • of the year 19 99.... . . A local law EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM(I 'tikTltlt`11iE CONSTRUCTION .OF TELECOMMUNICATIONS TOWERS Re it enacted by tho TOWN BOARD •• or the (Nam, of Legislative Body) -C of QAN¢Y • T • own as follows: __Y-11I4frga. . . • • • TOWN OF DANBY • • LOCAL•LAW NO. 1 OF THE YEAR 1999 A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OP • TELECOMMUNICATIONS TOWERS • Be it enacted by the Town Board of the Tawn of Danby as follows: Section.1. Findings and Purpose. The Town Board of the Town of Danby finds: • 1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a moratorium of one hundred eighty (180) days on the construction in the Town of Danby of telecommunications towers as defined in such local law. By Town'of Danby Local Law No. 3 of the Year 1998 the moratorium was extended an additional 180 days. . • 2. Since April 13, 1998,the date the Town Board voted to adopt the initial moratorium, the Town has investigated the types of regulations it might wish to have in the Town, has explored' the possibility of hiring a consultant for assistance in drafting,such legislation, has continued•to work with the only known applicant'who is presently interested in installing a new telecommunications antenna in the'Town by co-locating such antenna on an existing telecommunications tower, and in general has made progress towards identifying the need for regulations and the possible manner of proceeding on enacting same. • 3. Since the adoption, of the local law extending the moratorium the Town has • (If additional space Is needed, attach pages the same size as this sheet, and number each.) • (l) nnc.,tn /n ., 7,9n) r Local Law No. 1 of 1999 2 contracted with a consultant to prepare a draft telecommunications facility local law, a draft has been prepared,and the draft has been reviewed by the Town Board and the Attorney for the Town. Based on such review,there are several matters to be resolved, including the manner in which the proposed local law is to be integrated with the Town's Zoning Ordinance, the completion of which will take several additional months. 4. It is anticipated draft legislation may be completed to the Town Board's satisfaction within the next several weeks and upon such completion, the draft will be referred to the Planning Board as required by New York State law for review and recommendation to the Town Board. Upon completion of the Planning Board's review it is anticipated that the legislation will be referred to the Town Board for final action. 5. It is anticipated that this process of completing the legislation, review by the various Town bodies and final action can be completed within one hundred twenty (120) days of the expiration of the one hundred eighty (180) day extension of the original one hundred eighty (180) day moratorium. 6. The purposes of any new legislation would be significantly subverted if a new telecommunications facilities were to be constructed before appropriate legislation could be carefully studied and, if found desirable, enacted. 7. Accordingly, in order to maintain the status quo relative to such telecommunications facilities during the limited additional time the Town needs to review and adopt any appropriate legislation,it is necessary to extend the previously adopted one hundred eighty(180)day moratorium for an additional period of one hundred twenty (120) days. Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2 of the Year 1998 as amended by Local Law No. 3 of the Year 1998, is further amended to extend the moratorium set forth in such Local Law by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred eighty days", and "one hundred eighty day" and inserting in place of such phrases the phrases "480 days", "four hundred eighty days" and "four hundred eighty day". Section 3. Applicability. This local law shall apply to all areas of the Town of Danby. Section 4. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal. (Complete the certification In the paragraph that applies to the filing of this local Jaw and strike out that which Is not applicable.) -v , •• 1. (Final adoption by local legislative budy uuly.) • • I hereby certify that the local law annexed hereto, dcsignatr.cl as local law No.- of the (Eattn�y)(Qify)(Town)(4g'i;) of DANBY of 19j9 TOWN BOARD on MARCH a 19 was duly passed f the 'Marne of Legi,lntive Body) • • g9_, in accordance with the applicable provisions of law. 2. (Passage by local Iegls) ve body with approval, no disapproval or repassage after disapproval by the Rlnetive Chic. Emecutive Officer`.) I hereby certify tha . e local law annexed hereto esignated as local law No, of 19 • of the (County)(C y)(Town)(Village) of _ was duly assed by the on 19 , and was (appro (l)(not disapproved re 'erne or • egis a e body --' — repassed nftcr disapproval by the and was deemec j/dul // y adopted on ' (rteetrv. Chief�Exetu ve.OlGcer') _ l9 _, in accordance with the applicable p visions of Iaw, • • 3. (Final adoption 1) , referendum.) ' I hereby certify-t..t the local law annexed reto, designated as local law' o. • 19_ of the (County) ity)(Town)(Vilingc) of was duly pa :ed by the on 19 , and was , .proved)(not disapproved)(r• .assed after • ame of Lea tive Body - disapprov: ) by the on ]9 Such lot law was ..leetly. C s• •x.eutive •triter . submi ed to the people by re, .on of a (mandatory)(permis ' e) referendum, and receive• the affirmative vote .f a majority of the qu- ifiud electors voting thereo• at the (general)(speciai)(annu . ) election held on .19 , in accordance with the applica; e provisions of law, . • • • 4. (Subject to pe missive referendum and ' nal adoption because no •alid petition as filed requesting rcferndum, . . I hereby cert• y that the local law an xed hereto, designated as ocal law Nu. ,•t' 19_ of the (Cou• ty)(City)(Town)(Village of was duly pas-ed by the on 19 , an. was (,.ipproved)•no; disapproved)(rep.ssed after f erne of regltlalivo Cody — disnpp-.val) by the on • 1.. Such Ioca1 la• was subject to Elective Ch f Executive Ofacer• per - issive referendum and nq valid petition requesting -.no!' referendum w filed as or 19 in accordance with the appli, able provisions of Jaw. . —' • • 'Elective Chief Executive Officer tnealta ur includes the chief executive officer of h 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 towit ,,Isere aucit ufflcer is vested with the power to approve or veto local laws or ordinances. • . .. (2) • .. (City local law concerning Charter revision proposed by petition.) T he.rehy certify that the ocal law annexed hereto, ,esignated as loc, law No. of 19 of the City of hav' g been submitted to ref• endurn pursuan to the provisions of sect'on (36)(37) of the Munic••r.i Horne Rule aw, and liaviub received . c affirmative v•te • of a majority of th- qualified electors of suc city voting ther or. at the (speciai)(genera election held o 1 , became operative. • 6. (County ()cal law cou xruing a ptiun of Charter.) • I hereby •ertify that the Iocal la annexed hereto, de-ignated as local law No . . of 19 of the •ounty of , State of ew York, having. •-en submitted to the el. tors at the General El;ction of Novemher 19 , .urcuant to subdivi •ons 5 and 7 of sectitn 33 of the'Municipal come Rule Law, and aving received the af•irmative vote of a ajority of the qua tfied electors or the c' tes of said county as . unit and of a majorit of the qualified el•ctols of the towns of aid county consider- as a unit voting at sa-• general election, be t me operative. • f any other author ed form of final adopt'en has been•folldwed lease provide an app opritate certification.) • • T further certify that X 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 , above. • �....n . . 1 • e,k v c ,• (runty t• a at:v-'r•:y tAcy,Town or •L aie 1, crk • • or officer deeignat�d • local lesileative body • (Seal) Date: March 9, 1999 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) • STATE OF NEW YORK 1 • COUNTY OF 'Tpprg-pki n S • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken fur the enactment of he local law annexed hereto. • 9 gni ure kit/ s 0 - le Cst y of Jgr)I Town • Date: Harm• I 5 /419 (3) • • • ,-txcELsso,, ... .-_ __...� ._ _ -- STATE OF NEW YORK ; • l DEPARTMENT OF STATE , ,it ALBANY, NY 1 223 1-000 1 !• , , t.— s 1 ALEXANDER F. TREADWELL i ''•1 I t U ! i 1 1 SECRETARY OF STATE April 1, 1999 JOHN C. BARNEY BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 1, 1999, filed 03/18/99 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will he forwarded upon request. ' 1 - Sincerely, PI, 6 A 1Q A F R _ q.-- a4kiciL. g UH.L.R___. Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml • 0 printed on recycled paper • BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW JOHN C. BARNEY SENECA BUILDING WEST PETER G. GROSSMAN SUITE 400 DAVID A. DUBOW RAN DA LL B. MARCUS 119 EAST SENECA STREET WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE (607) 273 6841 (607) 272-8806 KRISTIN E. HAZLITT` (NOT FOR SERVICE OF PAPERS) *ALSO ADMITTED IN MARYLAND &WASHINGTON, D.C. April 5, 1999 Ms. Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850-9419 Re: Town of Danby, Local Law 1, 1999 Dear Carol: I am enclosing with this letter a copy of the letter received from the Department of State indicating that the Town of Danby's Local Law No. 1 for the Year 1999 was filed on March 18, 1999. If you have any questions, please call. Sincerely yours, Sandra Small Secretary to John C. Barney sls Enclosure APR 0 6 �.� BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW JOHN C. BARNEY SENECA BUILDING WEST PETER G. GROSSMAN SUITE 400 DAVID A. DUBOW 119 EAST SENECA STREET RANDALL B. MARCUS WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE (607) 273 6841 (607) 272-8806 KRISTIN E. HAZLITT' (NOT FOR SERVICE OF PAPERS) ALSO ADMITTED IN MARYLAND &WASHINGTON, D.C. March 16, 1999 Secretary of State of New York Department of State Bureau of State Records . 162 Washington Avenue Albany, New York 12231-0001 Re: Town of Danby - Local Law No. 1 of the Year 1999 -MAR I 6 • Dear Sirs and Ladies: i Enclosed for filing in your office is a certified copy of the Town of Danby's Local Law No. 1 of the year 1999 entitled "A Local Law Extending for an Additional One Hundred Twenty (120) Days a Moratorium for the Construction of Telecommunications Towers". Please forward the receipt for the filing of this Local Law directly to: Mrs. Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850-9419. If there is anything further that you need, please advise. Thank you for your assistance in connection with this matter. Very truly yours, JCB:sls 0,kc Enclosure xc: Honorable Carl W. Sczepanski Town Clerk (w/copy of certified Local Law) TOWN OF DANBY NOTICE OF ADOPTION OF LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS NOTICE IS HEREBY GIVEN,that a regular meeting held on the 8th day of March, 1999 the Town Board of the Town of Danby duly adopted a local law, an abstract of which follows: ABSTRACT OF LOCAL LAW Said local law: (a) Made a number of findings including findings that the Town is progressing in its drafting of legislation regulating telecommunications towers, and that the Town has retained a consultant who has prepared draft legislation which has been reviewed by the Town Attorney and the Town Board, that the draft legislation needs additional work to integrate it with the Town of Danby Zoning Ordinances, that additional time is needed to complete the Town processes for adoption of such legislation, and that it is desirable to maintain the status quo by continunig a moratorium on the construction of telecommunications towers in the Town of Danby pending the completion of proposed legislation; (b) Amended the Town of Danby Local Law No. 2 of the Year 1998 to extend for an additional 120 days the moratorium on construction of telecommunications facilities within the Town of Danby; ( c) Included certain other provisions regarding administration of the moratorium. A complete copy of the Local Law is available for reading and inspection at the Town Clerk's office, 1830 Danby Road, Ithaca,New York 14850, Tuesday through Friday, between the hours of 9:00 a.m. and 4:00 p.m., Saturdays 9 a.m. to noon. Carol W. Sczepanski Town Clerk Dated: March 10, 1999 Y4toci C(G,e) (4 � Publish: March 12, 1999 .3/6 16,r 3/2- Affidavit of publication requested 1/4}-,1 /6 -e Foy TOMPKINS COUNTY Ts N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)277-4788 ITHACA, NEW YORK 14850-9419 Fax: (607)277-0559 March 12, 1999 Attorney John Barney Barney, Grossman, Dubow and Marcus Suite 400 119 East Seneca Street Ithaca, New York 14850 Dear John: Enclosed please find three (3) copies of the Town of Danby Local No. 1 of 1999 for your signature. One copy is for your files, one to be returned to me and one to send to New York State for filing. I have enclosed : Notice of Public Hearing (Affidavit of Publication) Abstract of the Local Law - published today March 12, 1999 Affidavit of service by mail - Notice of Public Hearing Resolution No. 31 of 1999 - Adoption of Local Law Please contact me if I have not included all the information necessary for filing of this local law. S' cerely, Carol W. Sczepanski Town Clerk Enclosures l--MAR. 10. 1999 9:36AM BARNEY GROSSMAN DUBOW a MARCUS NO.028 P.2 TOWN OF DANBY NOTICE OF ADOPTION OF LOCAL LAW EXTENDING MORATORIUM DITIONAL ONE HUNDRED TWENTY { ) FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS NOTICE IS HEREBY GIVEN, that at a regular meeting held on the 8th day of March, 1999 the Town Board of the Town of Danby duly adopted a local law, an abstract of which follows: ABSTRACT OF LOCAL LAW Said local law: (a) Made a number of findings including findings that the Town is progressing in its has retained a drafting of legislation regulating telecommunication which has towers, reviewed by Town Attorney consultant who has prepared draft legislation and the Town Board, that the draft legislation needs awe oten needed to integrate pe it the Town of Danby Zoning Ordinances, that additional quo by processes for adoption of such legislation, and that it�c desirable cations towers in the Town of continuing a moratorium on the construction of tel o Danby pending the completion of proposed legislation; (b) Amended Town of Danby Local Law No. 2 of the Year 1998 to extend for an additional 120 days the moratorium on construction of telecommunications facilities within the Town of Danby; (c) Included certain other provisions regarding administration of the moratorium. A complete copy of the Local Law is available for rea�g�� inspection Friday, Town Clerk's office, 1830 Danby Road, Ithaca, New York 14850, the hours of 8:00 a.m, and 4:00 p.m. Carol W. Sczepanski Town Clerk March 9, 1999 1 Local Law No. 1 of 1999 Resolution No. 31 of 1999 RESOLUTION NO. 31 Of 1999 RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS, a resolution was duly adopted by the Town board of the Town of Danby for a public hearing to be held by said Town on March 8, 1999 to hear all interested parties on a proposed local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS:, and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS,pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; NOW,THEREFORE, be it RESOLVED,that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS", a copy of which is attached hereto and made part of this resolution; and it is further RESOLVED,that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption; and it is further RESOLVED,that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. 2 Local Law No. 1 of 1999 Resolution No. 31 of 1999 TOWN OF DANBY LOCAL LAW NO.1 OF THE YEAR 1999 A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Findings and Purpose. The Town Board of the Town of Danby finds: 1. The Town of Danby adopted Local Law No. 2 of the Year 1998 providing for a moratorium of one hundred eighty (180) days on the construction in the Town of Danby of telecommunications towers as defined in such local law. By Town of Danby Local Law No. 3 of the Year 1998 the moratorium was extended an additional 180 days. 2. Since April 13, 1998, the date the Town Board voted to adopt the initial moratorium, the Town has investigated the types of regulations it might wish to have in the Town, has explored the possibility of hiring a consultant for assistance in drafting such legislation, has continued to work with the only known applicant who is presently interested in installing a new telecommunications antenna in the Town by co-locating such antenna on an existing telecommunications tower, and in general has made progress towards identifying the need for regulations and the possible manner of proceeding on enacting same. 3. Since the adoption of the local law extending the moratorium the Town has contracted with a consultant to prepare a draft telecommunications facility local law, a draft has been prepared, and the draft has been reviewed by the Town Board and the Attorney for the Town. Based on such review, there are several matters to be resolved, including the manner in which the proposed local law is to be integrated with the Town's Zoning Ordinance, the completion of which will take several additional months. 4. It is anticipated draft legislation may be completed to the Town Board's satisfaction within the next several weeks and upon such completion, the draft will be referred to the Planning Board as required by New York State law for review and recommendation to the Town Board. Upon completion of the Planning Board's review it is anticipated that the legislation will be referred to the Town Board for final action. 5. It is anticipated that this process of completing the legislation, review by the various Town bodies and final action can be completed within one hundred twenty (120) days of the expiration of the one hundred eighty (180) day extension of the original one hundred eighty (180) day moratorium. Local Law No. 1 of 1999 3 Resolution No. 31 of 1999 6. The purposes of any new legislation would be significantly subverted if a new telecommunications facilities were to be constructed before appropriate legislation could be carefully studied and, if found desirable, enacted. 7. Accordingly, in order to maintain the status quo relative to such telecommunications facilities during the limited additional time the Town needs to review and adopt any appropriate legislation, it is necessary to extend the previously adopted one hundred eighty (180) day moratorium for an additional period of one hundred twenty (120) days. Section 2. Amendment of Local Law No. 2 of the Year 1998. The Local Law No. 2 of the Year 1998 as amended by Local Law No. 3 of the Year 1998, is further amended to extend the moratorium set forth in such Local Law by deleting wherever it appears in said Local Law the phrase or phrases "180 days", "one hundred eighty days", and "one hundred eighty day" and inserting in place of such phrases the phrases "480 days", "four hundred eighty days" and "four hundred eighty day". Section 3. Applicability. This local law shall apply to all areas of the Town of Danby. Section 4. Partial Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5. This local law shall take effect ten days after publication of this local law or an abstract or summary of same in the Ithaca Journal. STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS: TOWN OF DANBY ) I Carol W. Sczepanski, Town Clerk in the Town of Danby, a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Regular meeting held on the 8th day of March , 1999. IN WITNESS WHEREOF, I.have hereunto set my hand and the Seal of the Town of Danby, this 9th day of, _ March 1999. J./0, J Carol 2. czepanski, Town Clerk 1 Local Law No. 1 of 1999 TOWN OF DANBY RESOLUTION NO. 31 Of 1999 RESOLUTION ADOPTING THE LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS By Councilperson Gagnon: Seconded by Councilperson Strichartz WHEREAS, a resolution was duly adopted by the Town board of the Town of Danby for a public hearing to be held by said Town on March 8, 1999 to hear all interested parties on a proposed local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS:, and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) it has been determined by the Town Board that adoption of said proposed local law is a Type II action and therefore not subject to environmental review under SEQR; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said local law entitled "A LOCAL LAW EXTENDING FOR AN ADDITIONAL ONE HUNDRED TWENTY (120) DAYS A MORATORIUM FOR THE CONSTRUCTION OF TELECOMMUNICATIONS TOWERS", a copy of which is attached hereto and made part of this resolution; and it is further RESOLVED, that the local law or an abstract or summary of same be published in the Ithaca Journal as soon as practicable after its adoption; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law.