Local Law 4 of 2006 — ====================== NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law F i l i n g ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) ^I^ATE OF Nav yOFTK Text of law should be given as amended. Do not include matter being elimir^AanJ^iSSSiSe italics or underlining to indicate new matter. ' I L t I ) XjQB^ MA.^ 3 1 2006 >SG<:of CLAY MiSCFii^^iMpQ,,^ Local Law No, _I of the year 20.06 A local law temporarily amending Chapter 230 entitled "ZONING" ofthe Code of the Town of Clav to provide for theTxfension of the temporary moratorium prohibiting the processing or granting of zone ch the Town Board, ana proniDiting consiaeraiion or recommenaations as to zone cnanges by the 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. Engineering Company dated April 13, 2005) in the Town until after April 4th, 2006. Beitenactedbythe Town Board ^^^^^ (Name of Legisiative Body) ^ of ^ as follows: Town mmx Said Local Law No. 4 of the Year 2006 to read as follows: (See Attached) (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11/99) P g g e 1 Of 3 (Complete the certification in the paragraph that applies to thefllingof this local law and strike out that which is not applicable.) L (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. ^ 06 of 20 -of the (0^^i^m^^{^o^'^)(?im^ of-Clay was duly passed by the Town Board on March 20th 2006 , in accordance with the applicable (Name ofLegisiative body) provisions of law. 2. (Passage by local legislative hody 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 ^proved) (Name ofLegisiative Body) (repassed after disapproval) by the and was deemed duly adopted (Elective Chief Executive Officer*) 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 ofLegisiative Body) (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 qualified electors voting thereon at the (general) (special)(annual) election held on 20 , in accordance with the applicable provisions oflaw. 4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting 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 (Name ofLegisiative Body) on .20 and was (approved)( not approved) (repassed afterdisapproval) by the on. 20 Suchlocal (Elective ChiefExecutive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was fded as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson ofthe 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. 11/99) Page 2 of 3 AMENDMENT OF AN EXISTING CHAPTER LOCAL LAWNO. 4 OF THE YEAR 2006 A LOCAL LAW TO TEMPORARILY AMENDING CHAPTER 230 ENTITLED "ZONING" OF THE TOWN OF CLA Y MUNICIPAL CODE. IT IS ORDAINED AND ENACTED by the Town Board of the Town of Clay, Onondaga County, New York, as follows: SECTION 1, AMENDMENT OF CHAPTER 230 That Chapter 230 entitled "ZONING" of the Code of the Town of Clay is amended as follows: Local Law No. 4 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 proposed Local Law is to provide for the extension of 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 April 4th, 2006. Said local law reads as follows: Called Public Hearing 02-06-06 Public hearing held 03-06-06 Town Board Approved 03-20-06 Filed with Dept. of State LOCAL LAW A d local law temporarily amending Chapter 230 entitled "ZONING" of the Town of Clay Municipal Code. SECTION 1 PURPOSE That the purpose of this Local Law is to provide for an extension of the 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 April 4th, 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 sen/ices to not only its own populace but that of adjacent communities including Oswego County. Most ofthe 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 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 April 4th, 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 northerly along 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 westeriy along said highway at the aforesaid distances of five hundred feet (500') from the center line of Route 31 to the westeriy line ofthe 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 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. 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 after April 4th, 2006, after its effective date. 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) ofthe Municipal Home Rule Law, and having received the affirmative vote of a 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 armexed 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 affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority ofthe qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption 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 paragraphia , above. ^^^^//^^^^^^^^^ ^ '^''"yJ^Jb^^xTL^ Clerk ofthe county legislative body. City, Town cr Village Clerk or officer designated by loeal legislative body VIVIAN 1. MASON, TOWN CLERK (Seal) Date: MARCH 24TH, 2006 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authonzed 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 ofthe local law annexed hereto. Signature R O B E R P M . GERMAIN TOWN ATTORNEY Title y&3X^^ CLAY Town Wmx Date: MARCH 24TH, 2006 DOS-239 (Rev. 11/99) pgge 3 Of 3