HomeMy WebLinkAboutLL 2013 #2 (zoning update)Town of Danby 
 Local Law No. 2 of 2013
 Amendments To Town of Danby Zoning Ordinance
 A Local Law Making Various Amendments To Article V,
 “General Provisions”, of The Town of Danby Zoning Ordinance Be it enacted by the Town Board of the Town of Danby as follows: Section 1. Title and Applicability The Town of Danby hereby adopts this local law, to be known as the Town of Danby Local Law Number 2 of 2013 (the “Local Law).” Section 2. Purpose The purpose of this Local Law is to make clarifying amendments to Section 515 and to make corrections to numbering of some subsections in Article V, “General Provisions”, of the Town of Danby Zoning Ordinance. Section 3. Specific Zoning Ordinance Amendments. The following amendments are hereby made to the Town of Danby Zoning Ordinance: ! A: Section 515 is amended to read as follows: “Section 515 - Excavations, Abandoned Construction and Destroyed Buildings. The following rules, in addition to any other local, state, or federal laws or regulations shall gov- ern excavations in the Town: 1. No excavations shall remain open or uncovered for more than one year after work has ceased on a construction project or such excavation has been abandoned. Any excavation or cellar hole remaining after the demolition or destruction of a building from any cause shall be covered or filled by the owner within one year. 2. Fencing or other similar safety measures shall be provided around abandoned excava- tions, damaged buildings and other potentially hazardous conditions. 3. If a property owner fails to comply with any of the provisions contained herein, he or she shall be subject to the procedures and remedies available to the Town.” ! B: Section 517 – Stormwater Requirements remains numbered as Section 517. ! C: The section entitled Prohibition Against The Exploration For or Extraction of Natural Gas and/or Petroleum (which was erroneously numbered as a duplicate Section 517) is renumbered to be Section 518. ! D: Section 518 – Invalidity of Other Governmental Permits is renumbered to be Section 519. Section 4: Construction and Supersession In their interpretation and application, the provisions and requirements of this Local Law (and of related provisions of the Zoning Ordinance) shall be held to be the minimum re- quirements so adopted for the promotion of the public health, safety, and welfare.
 TownBoard_LL #2 of 2013; Amendments To Town of Danby Zoning Ordinance • Monday, June 10, 2013 Page ! of ! 1 2 Section 5: Partial Invalidity and Savings If any part, clause, requirement, standard, or other provision of this Local Law, or the appli- cation thereof to any person or entity, or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in each such event, such judgment or declaration shall be confined in its interpretation and operation only to the part, clause, requirement, standard, or other provision of this Local Law that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment, declaration, invalidity, or unenforceability shall not affect or impair the validity or enforceability of the remainder of this Local Law or the application hereof to any other persons, entities, or circumstances. If necessary as to such person or circumstances, such invalid or unenforceable provision shall be and be deemed severed and the Town Board of the Town of Danby hereby declares that it would have enacted this Local Law and its Zoning Ordinance(s), or the remainders thereof, even if, as to such particular provisions, persons or circumstances, a portion hereof is severed or declared invalid or unenforceable. Section 6: Limitation of Town Liability The Town of Danby, and its employees, officers, and agents shall not be liable to or respon- sible for any injuries to any persons or entities for injuries, losses, or damages arising from or related to persons, property, or other rights in property due, in whole or in any part, to the Town’s actions or failures to act under or pursuant to this Local Law or the Zoning Ordi- nance, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town or its officers and agents. This Section 6, and its provisions, shall be construed and applied to the maximum extent permit- ted by law, and does not create any theory or claim of liability where none exists at law or in equity. Section 7: Effective Date This Local Law shall be and become effective immediately upon filing with the Secretary of State of the State of New York in accordance with the provisions of, inter alia, § 27 of the Municipal Home Rule Law. TownBoard_LL #2 of 2013; Amendments To Town of Danby Zoning Ordinance • Monday, June 10, 2013 Page ! of ! 2 2