Local Law 2 of 2009 — ====================== NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) STATE Of YORK Text oflaw should be given as amended. Do not include matter being eliminated and do iWfflgfffiKNT underlining to indicate new matter. l" I L t U JUL 20am. of _Clay MISCJiLLAfMeOUS ^ & STATE RECORDS LocalLawNo Z of the year 20 09 Alocallaw Temporarily Amending Chapter 230 entitled 'ZONING' of the Code of (Insert Title) Town of Clay until August 31st, 2009 Beitenactedbythe Town Board ofthe (Name of Legislative Body) ^Kxx . C l a y -„ of z. as follows: Town SEE ATTACHED LOCAL LAW (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99") Page 1 of 3 (Complete the certification in the paragraph that applies to the fihng of this local law and strike out that which is not appUcable.) 1. (Final adoption by local legislative body only.) I hereby certify that the locai law annexed hereto, designated as local law No of20Q9 —of the (jc^MM55^«Od)5)^(Town)(y3d3agjc) of Clay was duly passed by the Town Board June 15th ^^^09 in accordance with the apphcable (Name of Legislaiive body) on provisions oflaw. 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 (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 (Elective ChiefExecutive Officer*) and was deemed duly adopted on 20 in accordance with the applicable provisions oflaw. 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 Legislafive Bocfy) (repassed after disapproval) by the on 20 (Elective ChiefExecutive 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 quahfied electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions oflaw. 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 afterdisapproval) by the on. 20 Such local (Elective ChiefExecutive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of. 20 , in accordance with the appUcable provisions oflaw. * Elective ChiefExecutive 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-239 (Rev. Um) Page 2 of 3 5. (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 ofa majority ofthe 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.) I 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 affinnative 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 offinaladoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph-] , above. /-x^ jJ /i „ f Clerk (if the county legislatiye body. City, Town or Village Clerk or officer designated by local legislative body JILL HAGEMAN-CLARK (Seai) Date: June 24th, 20Q9 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF ONONDAGA I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ROBERT M. GERMAIN, TOWN ATTORNEY Title x^itx^f Town of Clay Town Date: June 24th, 2009 DOS-239 (Rev. il/99) Page 3 of 3 AMENDMENT OF AN EXISTING CHAPTER LOCAL LAW NO, 2 OF THE YEAR 2009 A LOCAL LAW TEMPORARILY AMENDING CHAPTER 230 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF CLAY. BE I T ORDAINED AND ENACTED by the Town Board of the Town of Clay, Onondaga County, New York, as follows: SECTION L AMENDMENT OF CHAPTER 230 That Chapter 230 entitled "ZONING" of the Code of the Town of Clay is amended as follows: Local Law No. 2 of the Year 2009 entitled "A Local Law Temporarily Amending Chapter 230 entitled 'ZONING', of the Code of the Town of." The purpose of said local law provides for a temporary moratorium prohibiting the processing or granting of zone changes to the R-APT, Apartment District, by the Town Board, and prohibiting consideration or recommendations as to zone changes to the R-APT, Apartment District, by the Clay Planning Board for the development of land uses within the Town for apartments until August 31st, 2009, The R-APT, Apartment District, is currently being studied by the Zoning Committee. Called PubHc hearing May 4th, 2009 for June 1st, 2009 at 7:35 P.M. Public hearing notice published in Post Standard May 21st, 2009 Public hearing held on June 1st, 2009, commencing at 7:35 P.M. Decision and SEQR approval passed by Town Board June 15th, 2009. Local Law to NYS Department of State sent Letter received from NYS re filed on -1 LOCALLAW A local law temporarily amending Chapter 230 entitled "ZONING" of the Code of the Town of Clay. SECTION L PURPOSE That the purpose of this Local Law provides for a temporary moratorium prohibiting the processing or granting of zone changes to the R-APT, Apartment District, by the Town Board, nor shall the Planning Board of the Town of Clay consider recommendations as to zone changes for the development of land uses within the Town for R-APT, Apartment District until August 31st, 2009. SECTION 2. LEGISLATIVE FINDINGS A. The Town of Clay in recent years has been subjected to rapid growth in the Town in order to provide residential, retail, commercial and other services to not only its own populace but also that of adjacent communities, including Oswego Counly. B. R-APT, Apartment District fails to give adequate guidance to meet present day needs as the demand for senior housing development increases. Planning must be undertaken anew so that the existing zoning code may be amended that will address the interaction of apartment uses with senior housing to create controls in order to achieve a more flexible density of land uses and means of access to our Town Highways. This zone would also allow for a variety of land uses, which cannot be found in the R-APT zoning district. Residential uses with commercial, create controls as to the density of land use, and provide better means of access to these arterial highways that will ensure a reasonable flow of traffic for the residents and users of our Town Highways. SECTION 3. TIME PERIOD AND PROHIBITION A. As of the effective date of this local law, and until August 31st, 2009, the Clay Town Board shall not process nor grant approval of any zone changes for the R- APT, Apartment District, nor shall the Planning Board of the Town of Clay consider recommendation of any zone change as required by the Zoning Regulations of the Town of Clay for the use of any land or development thereof in those areas hereinafter designated by this local law. B. The prohibitions provided herein shall apply to all applications pending or filed with the Town for zone changes or site plan approvals where public hearings for same have not been scheduled prior to the adoption of this local law. TOWN OF CLAY SECTION 4. EXEMPTIONS A. The aforesaid prohibitions shall not apply to the development of any land within the designated areas where site plan approval is or has been granted prior to the effective date of this local law. SECTIONS. AREAS SUBJECT TO MORATORIUM The areas within which the provisions of this local law shall apply are located only within all borders of the Town of Clay. SECTION 6, UNCONSTITUTIONALITY OR ILLEGALITY If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any Court of competent jurisdiction to be unconstitutional, illegal, or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined to its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 7. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. SECTION 8. TERMINATION DATE This local law shall become null and void August 31st. 2009. -3-