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HomeMy WebLinkAboutLL 15 of 1991 Posting Public Notices of Land Use Changes NEW YORK STATE DEPARTMENT OF STATE L A Law Filing 162 WASHINGTON AVENUE, 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 .....................................................I.t.h.a.c.a......................................I........... Town Local Law No. ............1.5................................... of the year 19 2i A local law ..AMENPING- THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO f­�6H`CE*S.­'OF­LAN'D....U'SE***CHAN'GE"*AP*P*L*I'CAT*IONS***"******'****** POSTING PUBLIC i� Town Board Beit enacted by the ...........................................................................................................................................of the (Name of Legislative Body) Ithaca Town ................................................................................................as follows: Section 1. The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26, 1968, and subsequently amended, is further amended by inserting a new section 78-A entitled "Posting of Notices" reading as follows: "SECTION 78-A. Posting of Notices. In addition to any other notice required by law, a public notice shall be posted by the applicant on the property that is the subject of certain applications as set forth in this section. 1. The sign shall be posted in the following circumstances: (a) If a variance, special approval, special permit, or determination is being sought from the Zoning Board of Appeals and the matter is not required to be heard by the Planning Board before action by the Zoning Board of Appeals, the notice shall be posted before the initial Zoning Board of Appeals public hearing on the matter. (b) If a variance, special approval, special permit, or determination is being sought fran the Zoning Board of Appeals but a reccm-aendation relating to such action must first be received by the Board of Appeals from the Planning Board before the Zoning Board of Appeals determines the matter, the notice shall be posted prior to the first Planning Board public hearing on the matter. (If additional space is needed, attach pages the same size as this sheet, and number each.) )OS-239 (Rev- 7/90) (c) If a subdivision or site plan approval is being sought from the Planning Board, the notice shall be posted before the first Planning Board public hearing on the application. (d) If the application is for rezoning of a parcel or parcels of land in conjunction with a proposed development on same a notice shall be posted and it shall be posted prior to the initial Planning Board hearing on the proposed rezoning. If the rezoning is a rezoning generally of the neighborhood independent of a particular application for a particular project, or is a rezoning of an area of more than 300 acres, there shall be no posting requirement unless the Town Board directs such posting. In such event the Town Board may designate the location and frequency of such posting, which may be different than otherwise required hereunder. 2. The posting shall occur at least 14 and not more than 30 days before the first meeting of the Board at which the matter is to be heard as set forth above. 3. The sign shall be posted in a location clearly visible from the roadway at or near the center of each of the property lines of the property under consideration which property line fronts on an existing public or private roadway. If the road frontage exceeds 1,000 feet, signs shall be posted at 500 foot intervals along the frontage. When the Town Planner or Town Building Inspector and Zoning Enforcement Officer finds that the particular circumstances of an application warrants more signs than required by this provision, the applicant shall post such additional signs as may be directed by either of such officers. 4. Such signs shall be continuously maintained by the applicant and displayed faiC-Lng the roadway until final action has been taken by the Board involved approving or denying the application or appeal, or until the application is withdrawn. Signs shall be removed within 15 days of the final action or withdrawal of the application. 5. The required signs shall be obtained from the Town Planner, .Town Building Inspector and Zoning Enforcement officer, or Town Clerk and shall contain the information set forth on the form of sign supplied by the Town. There shall be no fee for the first sign. If additional signs are required the applicant shall pay a non-refundable fee for each subsequent sign or replacements thereof. The fee shall be $3.00 per sign. 6. Failure to post or maintain the signs as provided in this Page la section shall not be a jurisdictional defect and any action taken by any Board in connection with the application shall not be nullified or voidable by reason of the failure to comply with this section. However, the failure to post or maintain the sign my be grounds, should the Board involved in its discretion so determine, to deny the application sought or to decline to hear the matter at the scheduled meeting date by reason of the failure to have the appropriate signs installed and/or maintained. The appropriate Board may, on good cause shown, waive the requirement of the posting of signs as called for by this section." Section 2. If any section of this law is declared invalid by a court ofcompetentjurisdiction such invalidity shall not affect the remaining provisions of this ordinance which shall be in full force and effect. Section 3. This local law shall take effect upon its publication as required by law. Page lb (Complete the certification in the paragraph that applies to the filing of this Iocal Iaw and strike out that which is not applicable,) (Final adoption by local legislative body only.) hereby certify that the local law annexed hereto, designated as local law No. 15 of 19 91 if the {Townj�' of Ithaca • was duly passed by the Town Board on October 3, 19 91, in accordance with the applicable provisions of law. ,i ame of egislativeBody) ".. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer%) hereby certify that the local law annexed hereto, designated as local law No. of 19 if the (County)(City)(Town)(Villaee) of was duly passed by Tie on 19_, and was (approved)(not disapprove d)(repassed after (Name of Legi3lative Body iisapproval) by the and was deemed duly adopted on 19_ Elective Chief Executive Officer' n -ordance with the applicable provisions of law. 3. (Final adoption by referendum.) hereby certify that the local law annexed hereto, designated as local law No. of 19 )f the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after dame of Legislative Body) iisapproval) 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 rote of a majority of the qualified electors voting thereon at the (general)(special)(annual) ele::tion held on 19_, in accordance with the applicable provisions of law. 1. (Subject to permissive referendum and final adoption because no valid petition vvas filed requesting referndum.) hereby certify that the local law annexed hereto, designated as local lave No. of 19-- )f the (County)(City)(Tow•n)(Village) of was duly passed by tho on 19 , and was (npprov'ed)(not disappro ved)(repassed after I4 me of Legislative Body ii< proval) by the on 19_ Such local law• vvas subject U) Elective Chief Executive Officer' termissive referendum and no valid petition requesting such referendum was filed as of __ 19` n 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 laws or ordinances. (7) 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 Citv 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)(generaI) 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 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 rther 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 la-w, and was finally adopted in the manner indicated in paragraph 1 , above. f Town 0MClerk (Seal) Date: October 11, 1991 (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 test and tint nil proper p,r�7,aeedings have been had or taken for the enactment of the local law annexed hereto. Signature I+ 1 John C. Barney Town Attorney Title on of Ithaca Town --- — 1 Date: f (3)