HomeMy WebLinkAboutLL 03 of 1992 Authorize Engineer to Issue Fill Permits NEW YORK STATE DEPARTMENT OF STATE
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�o MX of .................................ITHACA....................................................................................... FINAL
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Local Law No. ...........................3......................... of the year 19 .92.
A local law . ENDING THE TOWN OF ITHACA ZONING. ORDINANCE RELATING TO PERMITS FOR
......................................................................................................................................................
(Insert Title)DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE
TOWN ENGINEER IN CERTAIN CIRCUMSTANCES
Ile it enacted by the .19 ...NAU.........................:.............. .of the
.......................................................................
(Name of Legislative Body}
X ITHACA . .
Town v as follows:
YEW
TOWN OF ITHACA
LOCAL LAW NO. 3 OF THE YEAR 1992
A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO
PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE
TOWN ENGINEER IN CERTAIN CIRCUMSTANCES.
Be it enacted by the Town Board of the Town of Ithaca as follows:
The Zoning Ordinance of the Town of Ithaca as readopted,amended and revised
effective February 26, 1968, and thereafter further amended, is further amended as
follows:
Section 1: Article XIII, Section 70, is hereby amended to read as follows:
"SECTION 70: Extraction;or Deposit of Fill and Related Products.
1. In any district no more than 50 cubic yards of fill, sod, loam, sand,
gravel, stone or similar materials (hereinafter referred to collectively
as "fill") shall be deposited or removed or offered for sale in any one
year, 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 water course, without the. special approval of the Board
of Appeals.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-234 (Rev. 7/40)
fillexc.112, wp41, ith, 1/16/92 9:54am,
2. In applying for such approval, the applicant shall submit to the Board
a plan of the proposed project, showing property lines, and adjacent
public ways, grades and depths of proposed deposit or removal, soil
types or fill types to be deposited or removed, erosion control during
and after construction,' projected duration of project, proposed
regrading and replanting of the. property upon completion of the
operation, and such other items as the Board or Town Engineer may
require to adequately review the proposed project.
3. The Board shall not act until the Town Engineer has reviewed such plan
and advised the Board that in his professional opinion the plan
adequately protects the property and surrounding properties from
significant adverse consequences of such deposit or removal, including,
when completed, adverse drainage, erosion, visual or other adverse
impacts. Before issuing a special approval, the Board shall make the
same findings as are required for the Engineer's opinion. In
considering the proposed use the Board shall take into account the
distance of the operation from neighboring property and public ways,
the possible detriment of such use to the future development of the land
in question, and significant nuisance or detriment of the operation to
neighboring landowners and to the community as a whole.
4. The Board may impose such conditions upon the applicant as it deems
necessary to protect the general welfare of the community, which may
include a time limit upon operations,standards for performance,and the
requirement that a performance bond be posted to insure compliance
with the requirements of this ordinance and with any further reasonable
conditions imposed by the Board.
5. In the event that the proposed movement of material involves the
deposit or extraction of more than 2,500 cubic yards, the matter shall
first be referred to the Planning Board for its recommendation before
the Board of Appeals makes its final decision.
6. 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
(a) Provides for appropriate erosion control during and after
construction;
(b) Protects against adverse drainage on the subject property and
surrounding properties;
(c) Provides for appropriate revegetation when necessary;
(d) Provides for appropriate slope controls; and
(e) Does not adversely affect properties surrounding the designated
fillexc.112, wp41, ith, , 1/16/92 9:56am
site both during and after removal or deposit of the fill.
The Town Engineer may impose such conditions upon the applicant as
the Engineer deems necessary to protect the general welfare of the
community, which may include a reasonable time limit upon operations,
reasonable standards for performance, and the requirement that a
performance bond or other security in a reasonable amount be posted
to insure compliance with the requirements of this Ordinance and with
any further reasonable conditions imposed by the Engineer.
7. The following are excepted from the requirements set forth above:
(a) Any normal building operation in connection with a legal building
permit, such as excavation, filling, or grading, shall be excepted
from the provisions of this Section provided, however, that this
exception shall apply only where the total amount of material
moved from one place to another place on the construction site is
less than 700 cubic yards and where the total amount of material
removed from the construction site to an off-site location (or
brought to the construction site from an off-site location) is less
than 500 cubic yards. For the purpose of this section a
"construction site" consists of the larger of the following areas:
(i} an area of 30,000 square feet in which the proposed
construction is to be located; or
(ii) the area contained within the footprint of the proposed
structure plus an additional 50 feet adjacent to the
perimeter of the proposed structure.
(b) Removal or deposit of fill in connection with the construction of
a septic field or septic system on an individual lot pursuant to a
permit obtained from the Tompkins County Health Department.
(c) Removal or deposit of fill in connection with construction in
accordance with a site plan approved by the appropriate Town
authority (e.g. Town Board,Town Planning Board or Zoning Board
of Appeals) provided that such construction occurs within three
years of the final approval of such authority or by December 31,
1992, whichever is later. Notwithstanding the foregoing, as to
any site plan approvals granted on and after January 1, 1992, 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 Town Engineer and the Board granting
such approval 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 70 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 applicable Board in connection with any such
post December 31, 1991 approvals, this exception shall not apply
ffflexc.112., wp41, ith, ,1/16/92 10:00am
and the applicant shall be required to 'obtain special approval for
the deposit or removal of fill relative to such other site in
accordance with the terms of this Section 70.
(d) Removal, movement, or deposit of not more than 500 cubic yards
of fill in an, Agricultural Zone in any three year period in
conjunction with one or more bona fide agricultural uses.
M Removal or deposit of fill in connection with construction of roads
and other facilities in a subdivision approved in accordance with
the requirements of the Town of Ithaca Planning Board provided,
however, that
M plans for such construction showing in sufficient detail the
proposed removal and/or deposit of fill (including, when
removal from or deposit on to an off-site location is
contemplated, adequate plans of such off-site location
showing the required information relative to the
disposition or removal of fill to or from same) were
submitted to the Planning Board and approved by the Town
Engineer in conjunction with the subdivision approval; or
(ii) the Planning Board expressly waived the requirement of
submission of such drawings and the total amount of fill to
be either deposited or removed is less than 500 cubic
yards.
Removal or deposit of fill in connection with construction of roads
and other facilities in a subdivision approved on or before
January 1, 1992, in accordance with the requirements then in
effect of the Town of Ithaca Planning Board provided such
removal or fill occurs no more than three years after the granting
of final subdivision approval by the Town Planning Board or
before December 31,'- 1992, whichever date is later."
Section 2: If any provision of this local law is held invalid by a 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 3: This Local Law shall take effect upon its publication as required by
law.
(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. 3 of 1992
of the (MlUf (Town)6Y01W of ITHACA was duly passed by the
TOWN BOARD on. JANUARY 13 19 42 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 disapproved)(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
mm-of the (County)(City)(Town)(Village) of was duly passed by the
Name of Legislative Body on 19`, and was (approved)(not disapproved)(repassed after
disapproval) by the on 19 Such local law was
Elective Chief Executive Officer'
submitted 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
referndum.)
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
Name of Legislative Body
an 19_, and was (approved)(not disapproved)(repassed after
'
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 chairman 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
taws or ordinances.
(2)
5. (City Iocal 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
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 cities of said county as a unit and of 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 appropritate 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 indicated in paragraph 1 , above.
DeputyC1 To k
(Seal) Date: JANUARY 22, 1992
(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 t e Iocal law annexed hereto.
Signa e
J9 C. BARNEY, TOWN ATTORNEY
Tit e
a Maw
em:XX of ITHACA
Town
Date:
(3)
AGENDA ITEM #9-C
Town Assigned Project ID Number Rey. 10/90
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County ONLY
-PART I Project Information (To be completed by Applicant or Project Sponsor)
1. Applicant/Sponsor: 2- To' e
Town of Ithaca Town Board tocaPaCaw No. of 199
3. Precise Location(Street Address and Road Intersections,prominent landmarks,etc.or provide map):
Town of Ithaca, Tompkins County, New York
Tax Parcel Number:--N/A
4. Is Proposed Action: 1:1 NEW EXPANSION MODIFICATION/ALTERATION
5. Describe Project Briefly (include project purpose,present land use,current and future construction plans, and other
relevant items):
Local Law amending Section 70 of the Town of Ithaca Zoning Ordinance
relating to permits for distributing fill and authorizing issuance of
permits by the Town Engineer in certain circumstances.
(Attach separate sheet(s)if necessary to adequately describe the proposed project.)
6. Amount of Land Affected: Initially (0-5 yrs) 'N/A
Acres (6-10 yrs) 0 Acres C>1 O yrs) 0
Acres
Now is the Land Zoned Presently? N/A
F. Will proposed action comply with existing zoning or other existing land use restrictions?
YES � NO � if no, describe conflict briefly: N/A
9. Will proposed action lead to a request for new:
Public Road? YES El NO FI] Public Water? YES E] NO Public Sewer? YES NO
10. What is the present land use in the vicinity of the proposed project? Residential Commercial
F�Industrial Q Agriculture Park/Forest/Open Space Other
Please describe:
NIA
11. Does proposed action involve a Permit,approval,or funding, now or ultimately from any other governmental agency
(Federal, State,Local)? YES E1 N0 r 1 If yes,list agency name and permit/approval/funding:
12. Does any aspect of the Proposed action have a currently valid Permit or approval? YES NOF_�
name and t7i
�d_permipp_r_wiil. Also,staiewKe`ther fh—at p—e-r"-m--i-t-/'a'-p—pr--o--va—I will require modification.
If yes, list agency nam
r
NIA
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
)licant/Spp'nsor Name (Print or Type): Town Board, Town of Ithaca
Signature:
Supervisor Date: January 13, 1992
PART 1I - ENVI RONMENTAL ASSESSMENT (To be completed by the Town of Ithaca; Use attachments as necessary)
A. Does proposed action exceed any Type I Threshold in 6 NYCRR,Part 617.12 or Town Environmental Local Law?
YES[-] NO ® If yes,coordinate the review process and use the Full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR,Part 617.6?
YES F] NO 9 (If no,a negative declaration may be superseded by another involved agency,if any.)
Could proposed action result in any adverse effects associated with the following:(Answers may be handwritten,if legible)
C1. Existing air quality,surface or groundwater quality,noise levels,existing traffic patterns,solid waste production
and disposal,potential for erosion,drainage or flooding problems? Explain briefly:
None anticipated.
C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources? Community or
neighborhood character? Explain briefly:
None anticipated.
C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,unique natural areas,wetlands,
or threatened or endangered species? Explain briefly:
None anticipated.
C4. The Town's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other
natural resources? Explain briefly:
None anticipated.
C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly:
None anticipated.
C6. Long term,short term,cumulative,or other effects not identified in Cl-C5? Explain briefly:
None anticipated.
C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly
None anticipated.
D. Is there,or is there likely to be,controversy related to potential adverse environmental impacts?
YES F� NO ® If yes,explain briefly:
E. Comments of staff 1-1, CAC E], Other [] attached. (Check applicable boxes)
PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
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(ie.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.
QCheck 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.
0 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 attach-
ments as necessary,the reasons supporting this deter 'rrat'on.
Town Board, Town of Ithaca_ (�f R. Walker
Name of Lead Agency ereparer's Signature If differen�fr==pon sible Officer)
Shirley Raffensperger, Supervisor
Name & Title of Re onsible Officer in Lead Agency Signature of Contributing Preparer
-- `- -� Date: —January 13 . 1992
j Si nat re of Res onsi le Officer in Lead Agency