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HomeMy WebLinkAboutLL 1999 #2 Amend ZO: Wireless Telecomm N :Local Law Filing NEW YORK STATE OE'PARTH"e(T OF STATE • 162 WASHINGTON AVEkUE•, ALBANY, WY 12231 (Use this form to file a local law with the Secretary of Slate.) Text of law should be given as amended. Do not include matter being eliminated and do not use Italica or underlining to indicate new matter.N gkCxx of DANBY • • Tottu • • Local Law No. 2 or the year 199:9 • A local law ...AAQEN( CCl•,, LECIE..TOWN..O.F...DANEY....Z.QNI NG..ORD1.l�lA�LGE,.,E�ELAT.IN.G....... • TO WIRELESS TEeOMIMUNICA.TIONS FACILITIES ),to it enacted by this TOWN BOARD (Name of Legitlative Body) of the County • • City of TOWN OF. DANBY • Town as follows: • • Village Section 1, The Zoning Ordinance of the Town of Danby as readopted, amended, and revised, effective December 11, 1991, and subsequently amended, be further amended by.adding to Article • VII, "Special Regulations", a new Section 710 reading as follows: "Section 710. No approvals of, construction of, or modifications to Wireless Telecommunications Facilities, as defined in the Town of Danby Local Law governing such facilities, shall occur except as the same is permitted and occurs in accordance with the terms of such local law." Section 2. This local law shall take effect ten days after publication of this local law or abstract or summary of same in the Ithaca Journal. • • • • • • • • • (If additional space is needed, attach pages the space size as this sheet, and number each.) (I) nnc.,1' (n,.., 7�71,7n) • • (Complete the certification in the paragraph that applies to the filing of this Iocal law and . stripe out that which Is not applicable.) • 1. (Final adoption by fecal legislative burly uuly,) • • I hereby certify that the local, law annexed hereto, designated as local law No.•` of the (C }(E;xy)(Town)(V.iJ1eb�) of DANBY was duly of 19 TOWN y passed by c (tiarne of TO,WNvoBOARD on )ill Y 7 19...9 , in accordance with the applicable provisions of law, • • 2. (Passage by local legislative body wiff approval, no disapproval or ssage after'disapproval by the Einetive Chief Emeeu •e Officer•.) ! I hereby certify that the 1. 1 law annexed hereto, desig : •d as Iocal law No. • of the (County)(City •wn)(�rillage) of was duly" �9 • passed by the 'arne of eQula e body) on — — 19—, and was (approvP.r1)(not disapped)(repac:ed niter disappro by the and was deemed duly adopte on 1� :.lecay. Chief Exetkrf ve O(Geer•) V in cordar.ce with the applicable-provisions of law. • • 3. (Final adoption by referendunt.)�� — • I hereby certify that the local lardan,-texed hereto, designated as local law'No. of the (County)(City)(T owr. •iiingc) or of 19 was duly passed Uy,t-Fre on 19 , and wa .pproved)(not disapproved)(repas;edrafter • L acne of L.e ialative Body disapproval) by 4,- 19 Such local--Caw was (Eleetiv• Chi•f i:x•eutiva Ottl cruel -- . submitted -. the people by reason of a (manda y)(permissive) referendu :.>}:ix",..,/ ed the affirmative vote of / : majority of the qualified elector- •ocing thereon at the (general) ,Annual) election hel d on i .19 , in accordance 'th the applicable provisions of law 4. (Subject to permissive roferen,ddru and final adoption because no-vdlid petition was filed requesting rcferndum,) I hereby certify that the ca annexed hereto desi gna2cd as Ioca1 law Nv, ol�`> of the (County)(City Town)(Yilinge) of .� was duly passcc� by the on /'19 and was (uNpruved)(no; disapproved) v�assed alter Name a oI e g l r i a l i ody '— disapproval y the •/ on 1 9 Sucti lobal was subject to (Elective Chic! executive (ftcar') / • V. • perm':,ive referendum and no valid petition requesting such referendum was riled as oC 19 in cordancc with the applicable provisions of law. v. . • • • 'Elective Chief Executive Officer intuits or includes the chief executive officer or It 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 rtllagc, or the supervisor of a towtt ,riterc such officer Is vetted wlth the power to approve or veto local laws or ordinances. , • . (2) ' • • ` • . . (City local law concerning Charter revision proposed by petition,) I henry certify that the local law annexed he o, designated as local law No. of the City of � - � �- of 19 having been su a- fitted to referendum pursuant to the provisions of section (36)(37) of tl ,4unicipnl Home Rule Law, and lv tub received the affirmative yote • of a majority of the qualified elec e s of such city voting thereon at tl , speciai)(general) election held. on 19_, became •perative. • 6. (County local 1. cuuLcruiug adoption of Chartc . • . // Thereby certif hat the local law annexed here ., designated RS local law No. - • of 19, of the Count of , State of New Y4fk, having been subcmited to the elector at the General Election of No -ether i 19 pursu nt to subdivisions 5 &nd 7 of section of the Municipal Tiome Rul- aw, and having received the affirm ive vote of a ma or quaiir d electors of the cities of sat- county as a unit and of a ma'orit o the itY he the � y qualified elcctors�oC the towns of s d county considered as a u ' voting at said general election, beta e operative,' ;/ (If any other authorized form of final adoption has been'followe lease provide an apprbpritate certification..) • I further corti£y 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. . - at-&-/-<-/ • (2 • • • . At Otetk oI tl�., Cuuncy leg-Watt L dy, l;uy,'Lown or vtnaae Llcrk or officer deai;naWd y local legilaative l�od . Y (Seal) Date: _ _ 9 /%1 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of Iocality,) STATE OF NEW Yogi{ COUNTY aF lompt`,f_S • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had of taker,, fur the enactment of the local law annexed hereto. 1 9tgnacur. • -Town . A+1'orne�j • fi,t t e 1/ �l County Aw. o f �o.n5� • . Vilince Date: '1///t0F2 r ' (3) P7 ' , {ti :a 1 a!�✓ 1IV'r u STATE OF NEW YORK DEPARTMENT OF STATE ALBANY, NY 1 223 1-000 1 ALEXANDER F. TREADWELL SECRETARY OF STATE ri--- i� (Glire11 July 22, 1999 ,I �, JUL 2 6 Et , ' 4u ,. _.__.._.__.____._..�-- I JOHN C. BARNEY I BARNEY, GROSSMAN DUBOW & MARCUS 119 E SENECA ST, STE 400 ITHACA, NY 14850 RE: Town of Danby, Local Law 2, 1999, filed 07/16/99 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, c.-1 a,,,,,its.._ g EAft+._, , v 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 RANDALL B. MARCUS 119 EAST SENECA STREET WILLIAM J. TROY III ITHACA, NEW YORK 14850 FACSIMILE JONATHAN A.ORKIN (607) 273-6841 (607) 272 8806 (NOT FOR SERVICE OF PAPERS) July 27, 1999 Ms. Carol W. Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850-9419 Dear Carol: Enclosed is the original letter received from the Department of State on the Danby Local Law No. 2. Unfortunately, they do not accept Local Laws that are printed on two sides of the paper. Thus, they bounced back Local Law No. 3 which we have recopied on to single sided paper and have resubmitted. As soon as we hear back from them, we will let you know. With best regards. Sincerely yours, JCB:sls Enclosure • TOWN OF DANBY NOTICE OF ADOPTION OF LOCAL LAW NUMBER 2 AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO WIRELESS TELECOMMUNICATIONS FACILITIES NOTICE IS HEREBY GIVEN,that at a special meeting held on the 7th day of July, 1999, the Town Board of the Town of Danby duly adopted a local law, a copy of which follows: A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO WIRELESS TELECOMMUNICATIONS FACILITIES Be it enacted by the Town Board of the Town of Danby as follows: Section 1_ The Zoning Ordinance of the Town of Danby as readopted, amended, and revised, effective December 11, 1991, and subsequently amended, be further amended by adding to Article VII, "Special Regulations", a new Section 710 reading as follows: "Section 710. No approvals of, construction of, or modifications to Wireless Telecommunications Facilities, as defined in the Town of Danby Local Law governing such facilities, shall occur except as the same is permitted and occurs in accordance with the terms of such local law." Section 2. This local law shall take effect ten days after publication of this local law or abstract or summary of same in the Ithaca Journal. Carol W. Sczepanski Town Clerk Dated: July 9, 1999 Publish July 12, 1999 Affidavit of publication Requested pub-112.99 BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW JOHN C. BARNEY SENECA BUILDING WEST PETER G. GROSSMAN SUITE 400 DAVID A. DUBOW RANDALL B. MARCUS 119 EAST SENECA STREET WILLIAM J.TROY III ITHACA, NEW YORK 14850 FACSIMILE JONATHAN A. ORKIN (607) 272-8806 (607) 273-6841 (NOT FOR SERVICE OF PAPERS) July 12, 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 Laws No. 2 and 3 of the Year 1999 Dear Sirs and Ladies: Enclosed for filing in your office are certified copies of the Town of Danby's Local Laws No. 2 and 3 of the year 1999 entitled "A Local Law Amending the Town of Danby Zoning Ordinance Relating to Wireless Telecommunications Facilities" and "A Local Law Regulating the Siting of Wireless Telecommunications Facilities". Please forward the receipt for the filing of these Local Laws 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 ty, l I, Enclosures / xc: Carl W. Sczepanski, Town Clerk (w/copy of certified Local Laws) /1 I/. ,/ r • 14.16-4 (9/95)—Text 12 PROJECT I.D. NUMBER 617.20 . SEQR Appendix C \,-N\N" State Environmental Duality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME -ro,,U v-, o-�� �G, ,1-171 -10-1,..)r\ 6-n 3. PROJECT LOCATION: — Municipality Ll Vt i/1 County TO-).��9)6.tnA/�- a. PRECISE LOCATION (Street address and road Intersections,`prominent landmarks, etc., or provide map) 0wln us)(&Q- (1ti Fztiv,A 5. IS PROPOSED ACTION: ( .Z.-'0r-1 1 vi d) O(,( ylA vi(zJ Av>\f4-06(vA_C^ Clew 0 Expansion ❑Modlltication/aileration I`ti 6. DESCRIBE PROJECT BRIEFLY: �v1( C t�v��* p- • --Fr P Se a-21-0 (I n - � '1. Tom'✓ G 14.6 ZO 1 0(CUM AV1CL) 1,1 -t- Lil)tie (e 1-e. I�clt�v1 cc�h >jI�S J FiCtl Ch.e (' 7. AMOUNT OF LAND AFr=..i:D: 34-, 5- ( 1 -Ft__ C 6-k�) initially acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? X'es ❑No it No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ��{ Residential Andustriai `S—0O \ ,Commercial Agricuituro J�1 Park/Forest/Opon space )40ther Describe: l / -/` • 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STAT`QR LOCAL)? J 3{Yes 1:3-No H yes, Ilsl agency(s) and permit/approvals Kev twL)ek./ (gr t'ec61,v) PV-vIkak, -tp e 171.1 D0 frcb> P14 in h/14 64, 6/ Ii I 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 0 Yes 0 No If yes, list agency name and permlUapproval &ic i vv I nl 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION? ❑ Yes Z1440 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n • . I ' 1 ■ • • Dale: C 5 L�9 - / �! Signature: /1LG11(�G1 A611., - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ❑Yes ,4�.No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? II No,a negative declaration may be superseded by another involved agency. Ores E No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or Ilcooing problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultur.%e • rtes; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, lish, shellfish or wildlife species, sign c. abilats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially ...pled,or a change in use or intensity of use of land or other natural resources?Explain briefly. C5. Growth, subsequent developmen ,for eta •d activities likely to be induced by the proposed action? Explain briefly. CS. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? tJ Yes ❑No If Yes, explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (C) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 1t was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: • TOW v-. o f- -DA 1117 -1-61A/1/\. of Lead Agency '/ — ,,_J Name -To LA) Prur( or Type Name of Responsible()nicer in LeaJ Agency Title di Responsible Officer 92-1/1 Signature of Responsible Onrcer on fwd Agen,:Y Signature of Preparer(It different from responsible orircerl • Mite 2 PART II - ENVIRONMENTAL ASSESSMENT - Proposed Local Law Amending the Town of Danby Zoning Ordinance Relating to Wireless Telecommunications Facilities A. Does action exceed any Type I threshold? [ ] Yes [X] No B. Will action receive coordinated review as provided for unlisted actions? [X] Yes [ ] No C. Could action result in any adverse effects associated with the following: Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage, or flooding problems? Not expected, since the action is the adoption of provisions in the Zoning Ordinance which are referenced to the Town of Danby Local Law Regulating the Siting of Wireless Telecommunications Facilities. This legislation combined provides standards, regulations, and procedures for such facilities. The legislation itself does not involve any physical modification of environmental features. C2. Aesthetic, agricultural, historic, or other natural or cultural resources; or community or neighborhood character? Not expected, given that no physical development accompanies this action. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Not expected, given that no physical development accompanies this action. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? No significant adverse impacts are expected. Beneficial impacts are expected as a result of the adoption of these regulations, because the regulations would provide standards and procedures, and would assist in the review and mitigation of potential adverse environmental impacts related to the construction of wireless telecommunications facilities. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Not expected as a direct result of this action. Specific applications for the development of wireless telecommunications facilities would be subject to subsequent environmental review. C6. Long term, short term, cumulative, or other effects not identified in Cl- 05? As in C5. C7. Other impacts (including changes in use of either quantity or type of energy? Not expected, given that this action involves no physical development. D. Will the project have an impact on the environmental characteristics that caused the establishment of a CEA? No. No Critical Environmental Areas have been officially designated in the Town, and no physical development accompanies this action. E. Is there, or is there likely to be, controversy related to potential adverse environmental impacts? None is known or expected at this time. PART III - DETERMINATION OF SIGNIFICANCE A negative determination of environmental significance is recommended for this action given the following: The action is the adoption of regulations intended to enhance the review of, and the mitigation of, potential adverse impacts related to the construction of wireless telecommunications facilities. No physical development accompanies this action. Susan C. Beeners, Reviewer, June 24, 1999 AGRICULTURAL DATA STATEMENT Related to: Proposed Local Law Amending the Town of Danby Zoning Ordinance Relating to Wireless Telecommunications Facilities The proposed local law would apply to all lands in the Town of Danby. Of the 34,511+/- acres in Danby, 14,010+/- acres are in Agricultural Districts. Several working farms are within or outside of Agricultural Districts. The proposed local law would have no adverse impact on agricultural uses in the Town, since no physical development accompanies the local law, and the local law places no special restrictions on agricultural uses. • r DBANKRD PIER•A� �` _ / I III -Awls. __...... • a I I IV a ,, 4, . • .• ■ :•..., ,•.i.- ° a... t..71111fflra ,, n� . M .- -Ewe! m________ ..„... ._...._........ . . ...... .. _ z�s: V iIt 'i MI. Li,,,,,k ‘i 7,..cdillg• I Ri ® i"-t cam'.. 6 -,, - rwn n Imi A . igni.; - v-... . p�1r y t^ E ji . F.--... -------L-..._,-- -1.,-..,-.7-,-:-1".— IR —^^ �.. :ra c7r ;'::u .....4: .4 �� `� �*,' � _---_-`-=ter: � trsx .•, ---4. -- LA. :� �4j , ' ��� RD rn- . Al . tea . __ ^= 9�„ — c _- I r._:,7. _ ' '-�` r. +owes - , or• ' W 'S :_ EY T—Lli ■ --1"'° �'� u'i�ta.'a°.�"i u _ 0-1 1 O Y _ •_ I 'OO ®� ° ROAD C • MIN 1 • --m ��;�' �awn_...._. 1M E.'" .7 .� 67: -; rte.74. J a. tee_ �1 --- P.ETOI ROAD . .,,Nate.r. M1211 ........ 11.÷:-...W1. MANI , 3 ffSI ► I r L.,,i,-,... 1._..,.. 1m &Tr I - , el a ,,, no ; Ir, „HIV HILL . ! n RoA 1 1 LI I I Agricultural Districts 1 - 1 , 5, I Town of Danby DRAFTUi ROAD l Prepared by the Tompkins County Planning Department for I 1 I I the Town of Danby Comprehensive Plan,January 1999 p / Figure?. I r o 1 0 Tax Parcel Boundary I I 1— J r I Agricultural District 1.Revised 1996 1:63360 /����������]��y':��4�����+��� 1 0 1 Mile M 1 Agrica.l ral District 2, Revised 1992 _-� _`. __ One inch equals approximately one mile This is not an official Agricultural District map. A copy of the official For information about the data shown on this map see Appendix X in the • Agricultural Districts map for the Town of Danby can be obtained Town of Danby 1999 Comprehensive Plan. The standard projection and from the Tompkins County Planning Department, datum for all Tompkins County data is New York State Plane Central. North American Datum 1983.