HomeMy WebLinkAboutLL 19 of 2008 Extend Moratorium in NE.pdf
TOWN OF ITHACA
LOCAL LAW NO. 19 OF THE YEAR 2008
A LOCAL LAW EXTENDING THE MORATORIUM ON DEVELOPMENT IN
THE NORTHEAST CORNER OF THE TOWN THROUGH JUNE 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 expires on December 20, 2008.
C. 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”).
D. 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.
E. 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.”
F. 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
Faunal Resources report recommends that the Town not permit development in the entire
study area.
November 4, 2008 1
G. 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.
H. 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. The
landowner has informed the Town that he will soon be providing the Town with
additional reports or other documents from his ecological consultants analyzing the
LeCain reports. The landowner has stated that his ecological consultants do not agree
with the LeCain reports’ recommendations.
I. The Town Board will need time to review and analyze the LeCain reports,
study area landowner reports and other documentation that has been and is anticipated to
be received, and comments and documentation from residents. The Town Board
anticipates that its review, study and consideration of the LeCain reports, the reports 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 June 20, 2009.
J. 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.
K. Extension of the moratorium until June 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.
Section 2. Local Law No. 8 of the Year 2008 is hereby repealed in its entirety.
Section 3. Local Law No. 9 of the Year 2007 is hereby amended as follows:
A. Section 1.Q is amended to read as follows:
“Q. It is anticipated that the Town Board’s review, study and
consideration of these issues can be completed, and legislation and
revisions to plans, if needed, drafted and properly adopted by June 20,
2009.”
B. The first sentence of Section 2 is amended to read as follows:
November 4, 2008 2
November 4, 2008 3
“Section 2. Prohibited Actions. The Town Board hereby declares a
moratorium through June 20, 2009, prohibiting each of the following
actions on Town of Ithaca Tax Parcels 70-10-3.5 (24.16 +/- acres); 73-1-
2.2 (29.35 +/- acres); 73-1-8.1 (2.40 +/- acres); and 73-1-8.22 (23.34 +/-
acres), regardless of the submittal or receipt of any application prior to the
effective date of this local law, unless permitted under Section 3
hereunder:”
The rest of Section 2 (paragraphs A-G) remains unchanged.
C. Section 5.B.1 is amended by adding subparagraph h as follows to the list of
provisions of the Town Law of New York State that are superseded:
“h. Section 267-b, relating to the hearing of appeals for variances by the
Zoning Board of Appeals.”
D. Section 5.B.2 is amended by amending the reference to “Ithaca Town Code
section 270-235.E relating to Zoning Board of Appeals hearings and
determinations” so that it reads “Ithaca Town Code sections 270-235.E and F
relating to Zoning Board of Appeals hearings and determinations”.
The rest of Section 5.B.2 remains unchanged.
E. Section 7 is revised to read as follows:
“Section 7. Term. This local law shall be in effect through June 20, 2009,
provided, however, that the penalty section shall remain in full force and
effect after such date for the purpose of prosecuting any violation which
occurred during the effective period of this local law.”
Section 4. Any provision of Local Law No. 9 of the Year 2007 not amended
herein remains in full force and effect.
Section 5. 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 6. 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.