Local Law 2 of 2006 — ====================== FEB-24-06 0]:09PM FROM- T-875 P.005/007 F-569 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 1223 \ (Use this farm to file a local law >vith the Secretary of State.) Text oflaw should be given as amended. Do not include malter being eliminate^iijjECf or OFSTATF underUning to indicate new matter. FILED Town ^iSCELUNEOUS & STATE RECORDS Local Law No, 2. of the year 202? A local law tepiporarflv amending Chapter 230 entitied "ZONING" of the Code ofthe Town of Clav to provide for a temporary moratorium prohibiting the processing or granting of zone changes by the Town Board, and prohibiting consiaeration of recommendations as to zone cnanges Dy tne Town of Clay Planning Board for the development of land uses within certain areas of Routes 31 and 57 (as defined in a corridor study prposal of F.R.A. Engineerina Company dated April 13, 2005) In the Town until March 21st. 2006. Be it enacted by the Town Board „f ^^e (TVflpur a/Lc^ladve Body) of ^'^y as follows: Town mmx Said Local Law amendment of Chapter 205 to read as follows: (See Attached) (If additional space is needed, attach pages the same isize as th» !iheet, and number each.) DOS-239 (Rev. 11/99) Pago 1 Of 3 FEB-24-06 01:09PM FROM- T-875 P.006/007 F-569 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not appUcable.) 1. (Final adoption by local legislative body only.) 06 I hereby cenify that the local law annexed hereto, designated as local law No. of 20 .of the i;ClQtt4^(i5Q(J9(Town)^ of J^lay was duly passed by the Town Board on February 6 20 06 in accordance with the applicable (Name 0f'l.csiitaiive botiy) provisions oflaw. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective ChiefExecutive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20. .of the (County)(City)(Town)(Villafie) of ^ . was duly passed by tbe on ,20 , and was (approved)( not approved) (Name P/ Uesmafive Bpdy) Crepassed afterdisapproval) by the (Elscitve CMtfExecufive Officer'*; andwas deemed duly adopted on 20 , in accordance with the applicable provisions oflaw. 3. (Fin al adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20. of die (County)(City)(Town)(ViUage) of was duly passed by tlie on, .20 ., and was (approvedX not approved) (Ntimti of Legfsloftve Body) (repassed after disapproval) by the , on 20 ^ ^ (ElttcHvu Chief ExecMivc Officer*} Such local law was submitted to thcpeople by reason of a (n3andatory)(permiasive) referendum, and received the affmnative vote ofa majority ofthe qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions oflaw. 4. (Subjectto permissive referendum and final adoption because no valid petition was filed requesting referendum*) 1 hereby certify that the local law annexed hereto, designated as local law No, of 20 of the (County)(City)(Town)(ViUage) of was duly passed by the on .20 ., andwas (approved)(not approved) (Nmt: tif Lesislative Body) (repassed afterdisapproval) by the. on. 20 Suchlocal ^ ^ rr ^ ^ C£/ac,jw CiilfffExecutive 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 of \aw. * Elective ChiefExecutive Officer ineana or includes rhe chief exocurivcs officer ofa county elected on a coun^-wide basis or. if there be none, the chairperson ofthe county legislative body, ihe mayor ofa city or village, orthe supervisorof a town where euch officer ia vested wiih the power to appr&vft M vesio local laws or OTdinaTices. DOS-239 (Rev. 1 U99) Page 2 of 3 AMENDMENT OF AN EXISTING CHAPTER LOCAL LAWNO. 2 OF THE YEAR 2006 A LOCAL LAW TO TEMPORARILY AMENDING CHAPTER 230 ENTITLED "ZONING" OF THE TOWN OF CLAY MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Town Board of the Town of Clay, Onondaga County, New York, as follows: SECTIONS PROPOSED 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 2006 entitled "A Local Law Temporarily Amending Chapter 230 entitled 'ZONING', of the Town of Clay of Clay Municipal Code." The purpose of said Local Law is to provide for a temporary moratorium prohibiting the processing or granting of zone changes by the Town Board, and prohibiting consideration of recommendations as to zone changes by the Town of Clay Planning Board for the development of land uses within certain areas of Route 31 and Route 57 (as defined in a corridor study proposal of F.R.A. Engineering Company dated April 13th, 2005) in the Town until March 21st, 2006. Said local law reads as follows: LOCAL LAW A local law temporarily amending Chapter 230 entitled "ZONING" of the Town of Clay Municipal Code. SECTION 1. PURPOSE That the purpose of this Locai Law is to provide for a temporary moratorium prohibiting the granting of zone changes by the Town Board, nor shall the Planning Board of the Town of Clay consider recommendation of any zone change for the development of land uses within certain areas of Route 31 and Route 57 (as defined in the corridor study proposal of F.R. A. Engineering Company dated April 13th, 2005) In the Town of Clay until March 21st, 2006. SECTION 2. LEGISLATIVE FINDINGS A. The Town of Clay in recent years has been subjected to rapid commercial growth in the northwest section of the Town In order to provide retail and other services to not only its own populace but that of adjacent communities including Oswego County. Most of the commercial development has been concentrated in what is known as the Route 57 and Route 31 Corridors. In this area of the Town, Route 57 is the major north and south highway and Route 31 is the major east and west highway, B. Past Corridor Studies for Route 57 and Route 31 fail to give adequate guidance to meet present day needs as the demand for commercial development increases. Comprehensive planning must be undertaken anew so that existing zoning code may be amended or new zoning codes enacted that will address the interaction of residentiai 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 March 21st, 2006, the Clay Town Board shall not process nor grant approval of any zone change 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. B. Nor shall this local law apply to any residential development in the designated areas where site plan approval is not required. SECTION 5. AREAS SUBJECT TO MORATORIUM The areas within which the provisions of this local law shall apply are as follows: A. Commencing at the intersection of Gaskin Road (south of Route 31) and Route 57 in the Town of Clay and at a point where the center lines of said highways meet and thence extending east and west of the center line of Route 57 a distance of five hundred feet (500'); thence continuing northerty aiong the boundaries of said highway at the aforesaid distances five hundred feet (500') from the center line of Route 57 to the northerly line of the Town of Clay at the Three Rivers Bridge. B. Commencing at the intersection of Route 31 and Henry Clay Boulevard in the Town of Clay and at a point where the center lines of said highways meet and thence extending north and south of the center line of Route 31, a distance of five hundred feet (500'); thence westerly along said highway at the aforesaid distances of five hundred feet (500*) from the center line of Route 31 to the westerly line of the Town of Clay at the Belgium Bridge. C. The areas of land included under the provisions of this Ordinance shall also include those parcels of land along the Route 31 Corridor from Henry Clay Boulevard to the Belgium Bridge, which may extend beyond the five hundred foot (500*) limitation and front upon secondary roads or rights-of- ways that connect with Route 31. 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 shali 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. LOCAL LAW 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 March 21st, 2006. PEB-24-06 01:09PM FROM- T-875 P.007/007 F-SGS 5. (Oiy local law caDCcnUng Charter revision proposed by petttiOD*) I hereby certify that the local law annratedhereto, designated aa local law No. of 20_—„—of the City of havhig hem submitted to referendnmparsuant to the provisions ofsection (3 of thcMmiicipalHonjeRialeLaw, andhavingreceivediheafihraativevole of a majorily ofthe qualified electors of soch city voting thereon at the (specialXgeaeral) election held on ^ 20 , became operative. 6. (County local law conceming adoption of Cbarter.) I hereby certify ihat the local law annexed hereto, designated as local law No. ^ . of 20 of the CoTjaty of —. State of New York, having beeui submitted to the eloctors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 ofthe Municipal Home Role Law, and havmg received the affinnative vote of a majority of the quaUiicd electors ofthe dties of said county as a nnit and a maj oriiy ofthe qaah£cd electors ofthe towns of said county considered as a xanx voting 3t said general election, became operative. (If any other anthorixed form of fmal adoption has been followed, please provide an appropriate certification.) I further certify that I have compated the preceding local law with the original onfilein this office and that the same is a correct transcript therefirom and of the whole of such origmal local law, and wasfinallyadopted in the manner indicated in paragraph.—1—, above. CMfOT I^MTOT fta AMcounty county IcBlstsdve ICBISIBIIVC bcidy, Cit/,btidy, TownCit/, or VUlgg Town or VHlafiB Clef It or •nietr iteiignatcd by lo(nltegUUtive}ifiiy VIVIAN I. MASON, TOWN CLERK (Seal) Date; February 14, 2006 (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 QNinNpAGA I, the undersigned^ hereby certify that the foregoing local law contains the coirect text and that all proper proceedings have been had or taken for the enactment of the looal law annexed hereto, A I ROBERT M. GERMAIN* TOWN ATTORNEY Title Ciiy^jf Clay Town ViUage Date: February 14. 2006 00.^3. (Rev.n/.^ Pago3or3