HomeMy WebLinkAboutLL 08 of 2009 Moratorium in NE Extension.docTOWN OF ITHACA
LOCAL LAW NO. 8 OF THE YEAR 2009
A LOCAL LAW EXTENDING THE MORATORIUM ON DEVELOPMENT IN
THE NORTHEAST CORNER OF THE TOWN THROUGH DECEMBER 20, 2009
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Findings and Purpose. The Town Board of the Town of Ithaca finds:
A. The Town Board of the Town of Ithaca adopted Local Law No. 9 of the Year
2007, entitled "A Local Law Providing for a Moratorium on Development in the
Northeast Corner of the Town for a Period of Two Hundred Seventy (270) Days," which
local law became effective on September 19, 2007, and was due to expire on or about
June 14, 2008.
B. The Town Board thereafter adopted Local Law No. 8 of the Year 2008,
entitled "A Local Law Extending the Moratorium on Development in the Northeast
Corner of the Town Through December 20, 2008," which local law became effective on
April 17, 2008, and was due to expire on December 20, 2008.
C. The Town Board thereafter adopted Local Law No. 19 of the Year 2008,
entitled "A Local Law Extending the Moratorium on Development in the Northeast
Corner of the Town Through June 20, 2009," which local law became effective on
December 20, 2008 and is due to expire on June 20, 2009.
D. The Town Board has undertaken the study referenced in paragraph P of Local
Law No. 9 of the Year 2007 through its consultant, LeCain Environmental Services, Inc.
("LeCain").
E. LeCain submitted an interim report dated November 29, 2007, and made a
presentation on the interim report to the Town Board on December 10, 2007.
F. LeCain has completed its study and has submitted the following three
documents, all dated September 30, 2008, to the Town: "Executive Summary of an
Environmental Assessment of Lands Adjacent to Sapsucker Woods," "Final Report of an
Ecological Communities Survey and Assessment of Lands Adjacent to Sapsucker
Woods," and "Report of a Spring Survey of Birds and Other Faunal Resources on Lands
Adjacent to Sapsucker Woods."
G. LeCain discussed these written reports at the Town Board's October 20, 2008
meeting. The Ecological Communities Survey report recommends the Town prioritize
for conservation the entire study area. If that is not feasible, the report recommends the
areas adjacent to Sapsucker Woods Sanctuary and areas that have moderate or higher
ecological value be prioritized for conservation. The Spring Survey of Birds and Other
May 4, 2009
Faunal Resources report recommends that the Town not permit development in the entire
study area.
H. After the LeCain presentation, the owner of two parcels in the study area, and
a number of residents who live near the study area, provided comments on the LeCain
reports to the Town Board at its October 20, 2008 meeting.
L Also in response to the LeCain reports, the above-described landowner in the
study area provided the Town a letter dated October 9, 2008, in which the representative
of said landowner disagrees with the LeCain recommendations. At the same time, the
landowner submitted numerous additional documents to the Town to consider.
J. On November 5, 2008, the above-described landowner's attorney provided the
Town with analyses of the LeCain reports from Terrestrial Environmental Specialists,
Inc. and Stearns & Wheler, LLC. The analyses by these consultants state they do not
agree with the LeCain reports' recommendations.
K. The Town Board has been reviewing and analyzing, and will need additional
time to review and analyze, the LeCain reports, study area landowner analyses and other
documentation, and comments and documentation from residents. The Town Board
anticipates that its review, study and consideration of the LeCain reports, the analyses
and other documentation from the above-described landowner, the comments and
documentation from residents, and the other reports, plans, documents and information
related to the areas affected by the moratorium can be completed, and legislation and
revisions to plans, if needed, can be drafted and properly adopted by December 20, 2009.
L. The Town Board is concerned that any new legislation and plan revisions
would be significantly subverted if development proposals were to be entertained and
possibly approved before the Town Board completes the review and study process and
considers legislation and plan revisions.
M. Extension of the moratorium until December 20, 2009, will protect the public
health, safety and welfare and further the goals of the moratorium by preventing the
consideration and approval of certain types of development during the limited time the
Town needs to complete such review and study and adopt such legislation and plan
revisions, if necessary.
Section 2. Local Law No. 19 of the Year 2008 is hereby amended by changing
the date "June 20, 2009" in Sections 3.A, 3.13, and 3.E to "December 20, 2009" in each of
these Sections.
Section 3. Any provision of Local Law No. 19 of the Year 2008 not amended
herein remains in full force and effect.
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Section 4. Validity. In the event that any portion of this law is declared invalid
by a court of competent jurisdiction, the validity of the remaining portions shall not be
affected by such declaration of invalidity.
Section 5. Effective Date. This local law shall take effect upon publication of the
local law or an abstract of same in the official newspaper of the Town, or upon its filing
with the New York Secretary of State, whichever is the last to occur.
May 4, 2009