HomeMy WebLinkAboutLL 17 of 2017 Extend 2-Fam Dwelling Moratorium to 12-31-2017 TOWN OF ITHACA
LOCAL LAW NO. 17 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 DECEMBER 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. On July 24, 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,
October 31, 2017 which expires on October 31, 2017.
D. 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.
E. The Town Board has discussed the draft legislation at its September
meetings and solicited public comment in addition to holding a public hearing on
October 16, 2017.
F. 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.
G. Extension of the moratorium until December 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
Adopted 2017-10-16 Pg. 1
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:
"K. It is anticipated that the Town Board's review, study and
consideration of these issues can be completed by December 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 December 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 December
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.
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