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HomeMy WebLinkAboutLL 08 of 2021 ECS Amend Chapter 270 ow STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW K CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROSSANA ROSADO WWW.DOS.NY.GOV SECRETARY OF STATE " �N' Jul 9 2021 . Y , oar Paulette Rosa Town Clerk 215 N Tioga St, Ithaca NY 14850 RE: Town of Ithaca, Local Law 5,.6, 7, 8, 9 2021, filed on July 6 2021 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.ny.goy. Sincerely, State Records and Law Bureau (518) 473-2492 NEwYC?R!C Department STAof TE f9F State } 47PPORTUNITY. Town of Ithaca r 215 N Tioga St, Ithaca, NY 14850 Ph: 607-273-1721 ■ www town ithaca ny us 1821 BicenteniiialRod Howe,Town Supervisor - Paulette Rosa, Town Clerk July 2, 2021 State Records Unit Department of State One Commerce Plaza 99 Washington Ave. Albany,NY 12231 To Whom It May Concern, Enclosed please find Town of Ithaca Local Laws 5, 6, 7, 8 & 9 for the year 2021. 5 A LOCAL LAW ADDING CHAPTER 144 TO THE TOWN OF ITHACA CODE, TITLED "ENERGY CODE SUPPLEMENT" 6 A LOCAL LAW AMENDING CHAPTER 125, "BUILDING CONSTRUCTION AND FIRE PREVENTION,"TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 7 A LOCAL LAW AMENDING CHAPTER 207,"RENTAL PROPERTY,"TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 8. A LOCAL LAW AMENDING CHAPTER 270, "ZONING,"TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE 9. A LOCAL LAW AMENDING CHAPTER 272, "NEW NEIGHBORHOOD CODE," TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE Please contact me if you have any questions. Since Paulette Rosa Town Clerk New York State Department of State Division of Corporations,State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue 01 Local Law Filing Albany, at 1 yus/c us/corps dos state ny uslcorps (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 ❑Ciity ©Town ❑Village (Select one) of Ithaca Local Law No. 8 of the year 2021 A local law Amending Chapter 270, "Zoning",to add Energy Code Supplement References (Insert 71tle) to the Town of Ithaca Code Be it enacted by the Town Board of the (Name of Legislative Body) ❑County ❑City ®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-0239-f-I (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 8 of 2021 of the (County)(City)(Town)(Village) of Ithaca was duly passed by the Town Board on June 14, 2021 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(C ounty)(City)(Town)(Vill age)of was duly passed by the on 20 and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the and was deemed duly adopted (Elective Chief Executive Officer*) on 20E-F, 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 duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the(general)(special)(annuai) election held on 20 , in accordance with the applicable provisions of law 4. (Subject to permissive referendum and final adoption because no valid petition was filed 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 20 , and was(approved)(not approved) (Name of Legislative Body) (repassed after disapproval)by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in 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 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-02394-11 (Rev 06/12) Page 3 of 4 S. (City local law concerning Charter revision proposed by petition ) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the City 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 majonty of the qualified electors of such city voting thereon at the(special)(general) election held on 20 , became operative 6. (County local law concerning adoption of Charter.) hereby certify that the local law annexed hereto,designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , 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 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 appropriate certification) I further certify that i have compared the preceding local law with the original oAta in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and nal pied in t manner indicated in paragraph 1 above 'err Clerk f the county egislative od City,Town o Village Clerk or officer designated`by loca)4egisjative body _ Date t 1 r DOS-0239-f-I (Rev 06/12) Page 4 of 4 TOWN OF ITHACA LOCAL LAW NO. 8 OF THE YEAR 2021 A LOCAL LAW AMENDING CHAPTER 270, "ZONING," TO ADD ENERGY CODE SUPPLEMENT REFERENCES TO THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows Section 1. Chapter 270 (Zoning) of the Town of Ithaca Code,Article XXVI (Special Regulations), Section 270-219.6, (Accessory dwelling units), Subsection B (Requirements applicable to all accessory dwelling units), Paragraph 2, titled "Operating permits", is amended by A In subparagraph c, adding the phrase", the Energy Code Supplement (Town Code Chapter 144)," after the phrase"the applicable New York State Uniform Fire Prevention and Building Code" so that it reads "The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection B(2)(c)[1] through [13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code, the Energy Code Supplement (Town Code Chapter 144), and the items listed in Subsection B(2)(c)[14] through [16] below meet the requirements of the Town of Ithaca Code:" ' B. In subparagraph d, deleting the final "or" and adding", or the Energy Code Supplement(Town Code Chapter 144)"to the end of subsection d so that it reads "A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this § 270-219.6B(2) and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter 205 (Property Maintenance), § 205-2, Town of Ithaca Code Zoning Chapter provisions related to parking or number of occupants/families, the New York State Uniform Fire Prevention and Building Code, or the Energy Code Supplement(Town Code Chapter 144)." Section 2. Chapter 270 (Zoning) of the Town of Ithaca Code, Article XXVIII (Administration), Section 270-233, titled"Permit to build", is amended by adding the phrase "or the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca"after the phrase "New York State's Uniform Fire Prevention and Building Code" to the first sentence in subsection A so it reads "No person, firm, corporation, association or other organization shall commence the erection, construction, enlargement, alteration, improvement, repair,removal, or demolition of any building or structure (including signs, except as specified in Article XXIX, Signs), nor install heating equipment, nor undertake any other work LL 8 of 2021 Energy Code Supplement Amendment Adopted 2021-06-14 Pg. 1 which must conform to New York State's Uniform Fire Prevention and Building Code or the Energy Code Supplement found at Chapter 144 of the Code of the Town of Ithaca, without having applied for and obtained a building permit from a Code Enforcement Officer pursuant to Chapter 125 of the Code of the Town of Ithaca" Section 3 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 4 This local law shall take effect immediately upon its filing with the New York Secretary of State. LL 8 of 2021 Energy Code Supplement Amendment Adopted 2021-06-14 Pg. 2