HomeMy WebLinkAboutLL 02 of 2017 Moratorium on Two-Family Dwellings-Extension TOWN OF ITHACA
LOCAL LAW NO. 2 OF THE YEAR 2017
A LOCAL LAW EXTENDING THE MORATORIUM ON NEW TWO-FAMILY
DWELLINGS,AND ON THE ADDITION OF A SECOND DWELLING UNIT TO AN
EXISTING ONE-FAMILY DWELLING, THROUGH JULY 31, 2017
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. 5 of the Year
2016, entitled"A Local Law Providing for a Moratorium on New Two-Family
Dwellings, and on the Addition of a Second Dwelling Unit to an Existing One-Family
Dwelling, for a Period of Two Hundred Seventy (270) Days," which local law became
effective on May 13, 2016, and expires on February 6, 2017.
B. The Town Board and its Planning Committee, along with the Town's Planning
Department staff, have been researching and discussing issues related to potential new
Town regulations for two-family dwellings.
C. The Town Board anticipates that its review, study and consideration of these
issues can be completed, and legislation, if needed, can be drafted and properly adopted
by July 31, 2017.
D. The Town Board is concerned that any new legislation would be significantly
subverted if development proposals for new two-family dwellings or for the addition of
second dwelling units that are covered by the current moratorium were to be entertained
and possibly approved before the Town Board considers such legislation.
E. Extension of the moratorium until July 31, 2017, will protect the public health,
safety and welfare and further the goals of the moratorium by preventing the
consideration and approval of these types of development during the limited time the
Town needs to complete such review and study and adopt such legislation.
Section 2. Local Law No. 5 of the Year 2016 is hereby amended as follows:
A. Section LK is amended to read as follows:
"K. It is anticipated that the Town Board's review, study and
consideration of these issues can be completed by July 31, 2017, and that
legislation, if needed, can be drafted and properly adopted within that
timeframe."
B. The first sentence of Section 2 is amended to read as follows:
Adopted February 2, 2017 Pg. 1
"Section 2. Prohibited Actions. The Town Board hereby declares a
moratorium through July 31, 2017,prohibiting each of the following
actions within all zones in the Town of Ithaca except the High Density
Residential Zones, 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-D)remains unchanged.
C. Section 7 is revised to read as follows:
"Section 7. Term. This local law shall be in effect through July 31, 2017,
provided, however, that the Penalties 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 3. Any provision of Local Law No. 5 of the Year 2016 not amended
herein remains in full force and effect.
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 immediately upon
filing with the New York Secretary of State.
Adopted February 2, 2017 Pg. 2