Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law F i l i n g ALBANY, NY 12231
(Use this form tofilea local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated^^idr#@f;jji|,use italics or
underlining to indicate new matter. ^''^^-'^^'^^FST^?.
r / / c n
myc.^i CLAY - 2m5
Town MSCr~~r
AN INTERIM Local Law No. 2 of the year 2025 "
AN INTERIM J-OGAL LAW TEMPORARILY AMENDING CHAPTER 230 ENTITLED 'ZONING' OF THE TOWN OF CLAY
A local law
(Insert Title)
TO PROVIDE FOR A TEMPORARY MORATORIUM PROHIBITING THE PROCESSING OR GRANTING OF ZONE CHANGES BY
THE TOWN BOARD, AND HKOHIBITING CONSIDERA I ION Oh KbUUMMENDATIONS AS 1U ZONE CHANUbS BY THE
TOWN OF CLAY PI ANNING BOARD FOR THE DEVELOPMENT OF LAND USES WITHIN CERTAIN AREAS OF ROUTE 31
AND ROUTE 57 IN THE TOWN FOR A PERIOD OF 180 DAYS FROM THE EFFECTIVE DATE OF SAID INTERIM LOCAL LAW.
Be it enacted by the TOWN BOARD ofthe
(Name of Legislalive Body)
c CLAY
/v/ryv follows:
Town
mmx:
SEE ATTACHED LOCAL LAW MADE A PART HEREOF
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 {Rev. 11/99) P a g O 1 Of 3
AMENDMENT OF AN EXISTING CHAPTER
INTERIM LOCAL LAW2005-02
AN INTERIM LOCAL LAW 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:
SECTION 1, AMENDMENT OF CHAPTER 230
That Chapter 230 entitled "ZONING" of the Code of the Town of Clay is
amended as follows:
Interim Local Law 2005-02 entitled "A Local Law Temporarily Amending
Chapter 230 entitled 'ZONING', of the Town of Clay of Clay Municipal Code." The
purpose of said Interim 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
in the Town for a period of 180 days from the effective date of said Interim Local Law.
Said Interim local law read as follows:
Passed by Town Board Resolution on August 15th, 2005.
Filed with Secretary of State .
INTERIM LOCAL LAW
An interim local law temporarily amending Chapter 230 entitled "ZONING" of
the Town of Clay Municipal Code.
SECTION 1, PURPOSE That the purpose of this Interim Local Law is to provide for a temporary moratorium prohibiting the granting of zone changes by the Town Board, nor shal! the Planning Board of the Town of Clay consider recommendation of any zone change for the development of land uses within certain areas of the Town of Clay as hereinafter designated.
SECTION 2. LEGISLA TIVE 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 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 interim local law and for a period of one
hundred eighty (180) days thereafter, 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 interim local law.
B. The prohibitions provided herein shall apply to alt 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
interim local law.
INTERIM LOCAL LAW
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 interim local law.
B. Nor shall this interim 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 interim 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 ofthe 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 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 interim 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.
INTERIM LOCAL LAW
SECTION 7. EFFECTIVE DA TE
This interim Local Law shall take effect immediately upon filing with the
Secretary of State.
SECTION 8. TERMINATION DATE
This interim local law shall become null and void one hundred eighty (180) days
after its effective date.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
INTERIM
I hereby certify that the local law annexed hereto, designated a^ocal law No. _? of 20 -9^ of
the (County)(City)(Town)(Village) of Clay was duly passed by the
Town Board on August 15th 209§. , in accordance with the applicable
(Name of Legislative body)
provisions of law.
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 (Coimty)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name of Legislative Bodyj
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance with the applicable provisions of law.
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 Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive 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 of law.
4. (Subject to permissive referendum and fmal adoption because no valid petition was fded 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 after disapproval) by the on . 20 . Suchlocal
(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 applicable provisions of law.
* 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. 11/99) Page 2 of 3
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law amiexed 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 of a majority of the 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 affirmative vote ofa 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 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 ofthe whole ofsuch original local law, and was finally adopted in the manner
indicated in paragraph JL , above. J f A ^P^^
Clerk ofthe county legislative body. City, Town or Village Clerk or
officer designated by local legislative body
VIVIAN 1. MASON, TOWN CLERK
(Seal) Date: C^^^. J>B. <^<^<^^
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney ofiocallty.)
STATE OF NEW YORK
COUNTY OF ONONDAGA
I , the undersigned, hereby certify that the foregoing locai 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 R O B E R I 3 / ! . GERMAIN
TOWN ATTORNEY
Title
Xitctjc^^ CLAY
Town
Date;
DOS.239 (Rev. 11/99) Pago 3 of 3