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HomeMy WebLinkAboutLL 11 of 2017 Extend Moratorium TOWN OF ITHACA LOCAL LAW NO. 11 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 OCTOBER 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 was due to expire on February 6, 2017. B. On February 2, 2017, the Town Board adopted Local Law No. 2 of the Year 2017, entitled "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,"which expires on July 31, 2017. C. 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. D. The Town Board anticipates that its review, study and consideration of these issues can be completed, and legislation can be drafted and properly adopted by October 31, 2017. E. 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. F. Extension of the moratorium until October 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 1.K is amended to read as follows: Adopted July 24, 2017 Pg. 1 "K. It is anticipated that the Town Board's review, study and consideration of these issues can be completed by October 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: "Section 2. Prohibited Actions. The Town Board hereby declares a moratorium through October 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 October 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. Local Law No. 2 of the Year 2017 is hereby repealed in its entirety. 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 immediately upon filing with the New York Secretary of State. Adopted July 24, 2017 Pg. 2