HomeMy WebLinkAboutLL 08 of 2019 Amend Ch 270 Landscaping Services & Tree Care Services STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M. CUOMO
99 WASHINGTON AVENUE GoveamOa
ALBANY,NY 12231-0001 ROSSANA ROSADO
WWW.DOS.NY.GOV SECRETARY OF STATE
October 31, 2019
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Paulette Rosa
Town Clerk T 00
Ithaca NY215 N 14850
4850 a St �owoc
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RE: Town of Ithaca, Local Law 8 & 9 2019, filed on October 25 2019
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.nyaov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
NEINYORK Department
STATE OF
OPPORTUNITY of State
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany,NY 12231-0001
www.dos.state.ny.usJcorps
(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.
❑County ❑City Zx Town ❑Village
(Solea one.)
of Ithaca
Local Law No. 8 of the year 2019
A local law ADDING LANDSCAPING SERVICE PROVIDER AND TREE-CARE SERVICE PROVIDER
(insert Two)
PROVISIONS TO CHAPTER 270, ZONING,OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City Mx Town ❑Village
(Select one)
of Ithaca as follows:
See attached.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-02394--1 (Rev.06112) Page 2 of 4
(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. 9 of 2019 of
the(County)(City)(Town)(Village)of Ithaca was duly passed by the
Town Board on October 21 2019 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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 20 of
the(County)(City)(Town)(Village)of was duly passed by the
20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on20m, in accordance w ith 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 20 of
the(County)(City)(Town)(Village)of was passed by the
on 20 _,.art as(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Exec fl5cer*)
Such local law was submitted to the peo reason of a(mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualifie ctors voting thereon at the(general)(special)(annual)election held on
20 , in accorda with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition wasXQd requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on
(Name of Legislative Body) 20 , and was(approved)(not approved)
(repassed after disapproval)by the on 20 . Such local
dive Chief Executive Officer*)
law was subject to permis ' referendum and no valid petition requesting such referendum was filed as of
20 , in accordan a 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 chairperson 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.
DOS-0239-f-I (Rev.06/12) Page 3 of 4
S. (City local law concerning Charter revision propo petition.)
I hereby certify that the local law annexed hereto,sWisiThated as local law No. of 20 of
the City of hayin0een submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and ng received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(gene election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designate ca�. of 20 of
the County of State of Ne r , having been submitted to the electors at the General Election of
November 20 , pursu subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a m ' ' of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the to 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 appropriate certification.)
I further certify that I have compared the preceding local law with the origon file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, MW "adop in the manner indicated in
paragraph above.
CI rk of the county legislative body, City, own r Village Clerk or
officer designated by 1 cal legis) five body
( at -- Date: to
DOS-0239-f-I (Rev.06112) Page 4 of 4
TOWN OF ITHACA
LOCAL LAW NO.8 OF THE YEAR 2019
A LOCAL LAW ADDING LANDSCAPING SERVICE PROVIDER AND
TREE-CARE SERVICE PROVIDER PROVISIONS TO
CHAPTER 270,ZONING,OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code,
Section 270-5,titled "Definitions," is amended by adding the following definitions:
LANDSCAPING SERVICE PROVIDER-- An establishment that provides off-site lawn,
garden, and landscape services , including lawn installation and mowing, planting and
vegetation maintenance, and stone and hardscape installations that require the use of
machinery, equipment, trucks and other appurtenances that are stored on the provider's
premises, including outdoor landscaping supplies such as rock, stone, and mulch.
TREE-CARE SERVICE PROVIDER-- An establishment that provides off-site tree care
services, including tree pruning and tree removal,consultations and integrated pest
management. The service involves the use of machinery, equipment, trucks and other
appurtenances that are stored on the provider's premises, including storage of wood products
removed from off-site operations.
Section 2. Chapter 270 (Zoning), Article VI (Agricultural Zones)of the Town of Ithaca
Code, Section 270-26, titled "Permitted principal use,"is amended by adding a subsection O
reading as follows:
"O. Landscaping service provider and tree-care service provider,provided that adequate
provision is made to prevent nuisance to adjoining residences and provided:
(1) The minimum lot size is 10 acres;
(2) There is a non-occupied buffer of at least 50 feet around the perimeter of the lot that
cannot be used for the permitted use;
(3) Outdoor material storage does not occupy more than 15% of the entire lot;
(4) All outdoor storage must be screened or situated in such a way that it is not visible
from the public right-of-way or adjacent residential properties;
(5) No on-site sale of products is allowed;
Adopted 2019-10-21 pg. 1
(6) Vehicles and equipment used in the conduct of the business must be stored in
enclosed buildings or be screened or situated such that when not actively being used
they are not visible from the public right-of-way and adjacent residential properties;
(7)Employee parking must be screened or situated in such a manner that is it not visible
from the public right-of-way and adjacent residential properties;
(8)Noise standards:
(a)The exterior noise level must not exceed the following limits beyond the boundary
of the lot:
65 dBa from 7:00 a.m. to 7:00 p.m.
55 dBa from 7:00 p.m. to 7:00 a.m.
(b)The temporary use of equipment to maintain an on-site residence, including but
not limited to power mowers, is exempt from the noise standards in this
subsection 0(8);
(9) All new buildings associated with the use shall be fully screened or situated such that
they are not visible from any public right-of-way unless otherwise allowed by the
Planning Board. Criteria for the Planning Board to consider in determining the need
for visibility controls include whether the building has the following desirable
characteristics:
(a) the general size, shape, and scale will be architecturally compatible with other
buildings visible along the right-of-way corridor;
(b) the building will have a sloped roof, not less than 4 in 12;
(c) the building fagade facing any public right-of-way will have windows or
entranceways rather than an uninterrupted blank wall;
(d) the front yard area immediately adjacent to the building will be landscaped with
lawn, shrubs or flowers;
(e) the exterior cladding on the building fagade facing any public right-of-way will be
primarily composed of brick, siding (wood, fiber cement, polymer, vinyl, steel),
stone,or stucco."
Section 3. Chapter 270 (Zoning), Article VIII (Low Density Residential Zones) of the
Town of Ithaca Code, Section 270-55, titled"Principal uses authorized by special permit only,"
is amended by adding a subsection J reading as follows:
"J. Landscaping service provider and tree-care service provider,provided that adequate
provision is made to prevent nuisance to adjoining residences and provided:
Adopted 2019-10-21 pg. 2
(1) The minimum lot size is 10 acres;
(2) There is a non-occupied buffer of at least 50 feet around the perimeter of the lot that
cannot be used for the permitted use;
(3) Outdoor material storage does not occupy more than 15% of the entire lot;
(4)All outdoor storage must be screened or situated in such a way that it is not visible
from the public right-of-way or adjacent residential properties;
(5)No on-site sale of products is allowed;
(6) Vehicles and equipment used in the conduct of the business must be stored in
enclosed buildings or be screened or situated such that when not actively being used
they are not visible from the public right-of-way and adjacent residential properties;
(7)Employee parking must be screened or situated in such a manner that is it not visible
from the public right-of-way and adjacent residential properties;
(8)Noise standards:
(a) The exterior noise level must not exceed the following limits beyond the boundary
of the lot:
65 dBa from 7:00 a.m. to 7:00 p.m.
55 dBa from 7:00 p.m. to 7:00 a.m.
(b)The temporary use of equipment to maintain an on-site residence, including but
not limited to power mowers, is exempt from the noise standards in this
subsection J(8);
(9) All new buildings associated with the use shall be fully screened or situated such that
they are not visible from any public right-of-way unless otherwise allowed by the
Planning Board. Criteria for the Planning Board to consider in determining the need
for visibility controls include whether the building has the following desirable
characteristics:
(a) the general size, shape, and scale will be architecturally compatible with other
buildings visible along the right-of-way corridor;
(b) the building will have a sloped roof, not less than 4 in 12;
(c) the building facade facing any public right-of-way will have windows or
entranceways rather than an uninterrupted blank wall;
Adopted 2019-10-21 pg. 3
(d) the front yard area immediately adjacent to the building will be landscaped with
lawn, shrubs or flowers;
(e) the exterior cladding on the building fagade facing any public right-of-way will be
primarily composed of brick, siding (wood, fiber cement, polymer, vinyl, steel),
stone,or stucco.
(10)Notwithstanding the provision in §270-226 prohibiting more than one principal
building on a lot, one dwelling and one principal building for a landscaping service
provider or a tree-care service provider may occupy the same lot."
Section 4. 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. This local law shall take effect immediately upon its filing with the New York
Secretary of State.
Adopted 2019-10-21 pg. 4