HomeMy WebLinkAboutLL 2005 #1 Amend ZO: Lots Allowed, Area Requirements w
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED, AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE To BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection. 4 as
subsection 5, and revising it to read as follows:
1
w
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
2
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED,AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE TO BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection 4 as
subsection 5, and revising it to read as follows:
1
J
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State o
the State of New York, whichever is later.
2
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED, AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE TO BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection 4 as
subsection 5, and revising it to read as follows:
1
4 • .
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
2
•
• Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,ALBANY,NY 12231
(Use this for 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 DANBY
Town
Vtliege-
Local Law No. 1 of the year'2005
Alocallaw AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER
OF LOTS ALLOWED AND REQUIRED LOT AREA
•
Belt enacted by the TOWN BOARD ..__ of the
(Nm,c oJLgisl�.s Body)
of TOWN OF DANBY as follows:
Town
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED,AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
. on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
1-
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE TO BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection 4 as
subsection 5, and revising it to read as follows:
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
2
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
3
•
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that 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. 1 of 2005_
of the (County)(City)(Town)(Village) of--- -_T_a&n_.of_D.anby was duly passed by the
Town Board on May 11 . in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officers.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the(County)(City)(Town)(Village)of was duly passed by the
on 19 ---,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the and was deemed duly adopted on 19-.--,
(Elective Chief Executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the(County)(City)(Town)(Village) of was duly passed by the
on 19---- ,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the on 19---- . Such local law was submitted
(Elective Chief Executive Officer•)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual)election held on 19---- ,in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting --
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village)of was duly passed by the
on 19-___ ,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the on 19--- . Such local law was subject to
(Elective Chief Executive Officer•)
permissive referendum and no valid petition requesting such referendum was filed as of 152--- ,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 county-
wide basis or,If there be none, the chairperson 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.
(2)
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
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)(general) 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 cit-
ies of said county as a unit and 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.)
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 in-
dicated in paragraph----! , above.
lAire
Clerk of the County legislative body,City or Village Clerk
or officer designated by local legislative body
(Seal)' Date: May 18, 2005
(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 text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
Town Attorney
Title
of Danby
Town
Date:
(3)
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
® A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED, AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE TO BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection 4 as
subsection 5, and revising it to read as follows:
1
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
2
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET,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 DANBY
Town
C
Local Law No. 1 of the year. 2005
Alocallaw AMENDING THE ZONING ORDINANCE REGARDING THE NUMBER
a....ft raw
OF LOTS ALLOWED AND REQUIRED LOT AREA
Be it enacted by the TOWN BOARD of the
(N...of LgiskIk.Body)
of TOWN OF DANBY as follows:
Town
TOWN OF DANBY LOCAL LAW NO. 1 OF 2005
A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED,AND REQUIRED LOT AREA
Be it enacted by the Town Board of the Town of Danby as follows:
Section 1. The Zoning Ordinance of the Town of Danby adopted by the Town Board
. on December 11, 1991, as subsequently amended from time to time, be and the same
hereby is further amended as set forth in the following sections.
Section 2. Article VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE"
is hereby amended by adding a new subsection 4 to read as follows:
"4. NUMBER OF LOTS ALLOWED
(a) On any parcel as it existed on the effective date of this amendment
to this ordinance (EFFECTIVE DATE TO BE INSERTED), there
shall be permitted no more than one (1) lot created for every five (5)
acres of land or per 200 feet of road frontage whichever results in
•
1-
(If additional space is needed,attach pages the same size as this sheet, and number each.)
(1)
DOS-239(Rev.2d98)
the greater number of lots, provided that the road frontage, for this
purpose, is located on a public road maintained year-round.
(b) For purposes of calculating the number of lots allowed, in no case
shall the number of lots allowed exceed the average density that
could be obtained using the required lot area provided in Article VI,
Section 600 of the Zoning Ordinance of the Town of Danby.
(c) The limitations of this section shall apply to parcels of land existing
on the effective date of this amendment to this ordinance
(EFFECTIVE DATE TO BE INSERTED). Any subsequent owner
or owners of any such parcel of land (I.E., THE PARENT
PARCEL) shall be bound by the actions of previous owners in that
such subsequent owner or owners may only create the number of
lots that may remain of the original number allowed under this
section.
(d) Further subdivision of any parcel created after the effective date of
this amendment to this ordinance (EFFECTIVE DATE TO BE
INSERTED) shall be prohibited unless all or part of the remaining
subdivision rights of the original (PARENT) parcel are specifically
transferred to the newly created lot. Written notice of any such
transfer shall be submitted as part of the Final Subdivision Plat, and
shall be recorded on the plat."
Section 3. Article VI, Section 600 is hereby amended by renumbering subsection 4 as
subsection 5, and revising it to read as follows:
"5. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than two acres with frontage of not
less than two hundred feet, and a lot depth of not less than three hundred
feet."
Section 4. Article VI, Section 600 is hereby amended by renumbering subsections 5
entitled "YARDS", 6 "SIGNS", 7 "HEIGHT", and 8 `BUILDING AREA" as subsections
6, 7, 8, and 9 respectively.
Section 5. Article VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be not less than one and one-half acres with
frontage of not less than one hundred fifty feet and a lot depth of not less
than two hundred feet."
2
Section 6. Article VI, Section 602 entitled "HIGH DENSITY RESIDENTIAL
ZONE", subsection 4 is hereby amended to read as follows:
"4. REQUIRED LOT AREA. Except when approved as a Clustered
Subdivision, lot area shall be no less than one acre with frontage of not less
than one hundred fifty feet and a lot depth of not less than two hundred feet;
and if the area is served by public water, the lot area shall be not less than
one half acre with frontage on a public street of not less than seventy-five
feet and a lot depth of not less than one hundred fifty feet."
Section 7. If any provision of this local law is found to be invalid by any court of
competent jurisdiction, such invalidity shall not affect any other provisions of this local
law.
Section 8. This local law shall take effect 10 days after its publication in the official.
newspaper of the Town or on the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that 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. 1 ••--- of)2005
of the(County)(City)(Town)(Village) of---fh.e__Tawn_Af__D.anby was duly passed by the
Town Board on May 11 . 200.5____, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the(County)(City)(Town)(Village)of was duly passed by the
on 19 ---, and was (approved)(not approved)(repassed after
(Name of Legislative Body) •
disapproval)by the and was deemed duly adopted on 19-.--,
(Elective Chief Executive Officer•)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
of the(County)(City)(Town)(Village) of was duly passed by the
on 19---- ,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19---- . Such local law was submitted
(Elective Chief Executive Officer•)
to the people by reason of a (mandatory)(permissive) referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 19.--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the(County)(City)(Town)(Village) of was duly passed by the
on 19----,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the on 19--- . Such local law was subject to
(Elective Chief Executive Officer•)
permissive referendum and no valid petition requesting such referendum was filed as of 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 county-
wide basis or, if there be none, the chairperson 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.
(2)
.
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
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)(general)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 cit-
ies of said county as a unit and 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.)
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 in-
dicated in paragraph---- , above.
Clerk of the County legislative body,City,Town or Village Clerk
or officer designated by local legislative body
(Seal) Date: May 18. 2005
(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 text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
t Town Attorney
Title
of Danby
Town
Date:
(3)