[Amended 10-13-1994 by L.L. No. 1-1994; 9-9-2004 by L.L. No. 2-2004]
A.
The Town Board may from time to time, on its own motion
or on petition or on recommendation of the Planning Board or the Zoning
Board of Appeals, amend, supplement or repeal the regulations and
provisions of this chapter after public notice and hearing.
B.
Every such proposed amendment or change, whether initiated
by the Town Board or by petition, shall be referred to the Planning
Board for report thereon before the public hearing hereinafter provided
for. The Town Board, by resolution adopted at a stated meeting, shall
fix the time and place of a public hearing on the proposed amendments
and cause notice to be given as follows:
(1)
By publishing a notice of the time and place of the
hearing at least 10 days prior to the date of such hearing in a paper
of general circulation in the Town.
(2)
A written notice of any proposed change or amendment
affecting property within the protectively zoned area of a housing
project authorized under the Public Housing Law, as such area is shown
on an approved zoning map filed with the Zoning Officer, shall be
given to the housing authority erecting or owning the project and
to the government providing financial aid for assistance thereto at
least 10 days prior to the date of such hearing.
(3)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any state
park or parkway shall be given to the Regional State Park Commissioner
having jurisdiction over such state park or parkway at least 10 days
prior to the date of such public hearing.
(4)
A written notice of any proposed change or amendment
affecting property within 500 feet of the boundaries of any city,
village, Town or county shall be given to the Clerk of such municipality
and to the Clerk of the County Legislature at least 10 days prior
to the date of such hearing.
(5)
In case, however, of a protest against such change
signed by the owners of 20% or more of the area of land included in
such proposed change or of that immediately adjacent, extending 100
feet therefrom, or of that directly opposite thereto, extending 100
feet from the street frontage of such opposite land, such amendment
shall not become effective except by the favorable vote of at least
four members of the Town Board.
A.
Proposed actions involving the adoption and/or amendment
of a comprehensive plan, the adoption and/or the amendment of a zoning
local law or ordinance, the approval of site plans, the issuance of
special use permits, and the granting of use and area variances shall
be referred to the Cayuga County Planning Board, pursuant to §§ 239-m
and 239-n of the General Municipal Law, if the property involved is
within 500 feet of the boundary of any county, town, village; existing
or proposed county or state park; any right-of-way of any county or
state road or parkway; any stream or canal owned by the county; existing
or proposed county- or state-owned land on which a public building
or institution is situated; and the boundary of a farm operation located
in an agricultural district, except that the following shall be exempt
from such referral in accord with the agreement between the Cayuga
County Planning Board and the Owasco Town Board:
(1)
Activities that, while within 500 feet of a state
or county highway, are on a parcel that does not front on such state
or county highway.
(2)
Activities that, while within 500 feet of a municipal
boundary, would be permitted within the area of the adjoining municipality
abutting the parcel where the activity is proposed.
(3)
Area variances.
(4)
Amendments to a local zoning law or ordinance that
are intended to address procedural or administrative matters that
do not alter the dimensional or use standards of the regulation.
(5)
Amendments to a local zoning law or ordinance that
are intended to reduce the type or number of uses permitted within
a particular zoning district.
(6)
Amendments to a local zoning law or ordinance that
are intended to reduce the intensity and/or density of development
permitted within a particular zoning district.
(7)
Any activity subject to review by a local agency employing
a municipal planner on a full-time basis who will advise the referring
agency concerning the referred matter.
(8)
The subdivision of a parcel of land if Cayuga County
Health Department review of such proposed subdivision is not required.
B.
Effect of County Planning Board review.
(1)
If the Cayuga County Planning Board recommends the
approval of a matter referred to it, the local board's decision is
governed by a simple majority vote.
(2)
If the Cayuga County Planning Board recommends approval
subject to stated conditions or modifications, or recommends disapproval,
the local board may override the County Planning Board recommendation
only by a majority plus one vote.
(3)
If the Cayuga County Planning Board fails to make
a recommendation within 30 days following the date on which the matter
was referred to the Cayuga County Planning Board, the local board
may take action on the matter after the expiration of such thirty-day
period, and the local board's decision is governed by a simple majority
vote.
C.
Report on final local action. Within 30 days following
a local board's final decision on a matter that was referred to the
Cayuga County Planning Board, the local board shall provide a copy
of its final decision. If the local board acted contrary to the Cayuga
County Planning Board's recommendation, the local board shall also
provide to the Cayuga County Planning Board its reasons for such decision.
A.
Applicability. Any application for a special use permit,
site plan approval, use variance or subdivision review and approval
by the Town Planning Board, Zoning Board of Appeals or Town Board
that would occur on property within an Agricultural District containing
a farm operation or on property with boundaries within 500 feet of
a farm operation located in an Agricultural District, shall include
an agricultural data statement. The Town Planning Board, Zoning Board
of Appeals or Town Board shall evaluate and consider the agricultural
data statement in its review of the possible impacts of the proposed
project upon the functioning of farm operations within such Agricultural
District.
B.
Notice to land owners. Upon the receipt of such application
by the Town Planning Board, Zoning Board of Appeals or Town Board,
the clerk of such board shall mail written notice of such application
to the owners of land as identified by the applicant in the agricultural
data statement. Such notice shall include a description of the proposed
project and its location and may be sent in conjunction with any other
notice required by state or local law, ordinance, rule or regulation
for said project. The cost of mailing said notice shall be borne by
the applicant.
C.
Contents of an agricultural data statement. The agricultural
data statement shall including the following information:
(1)
The name and address of the applicant;
(2)
A description of the proposed project and its location;
(3)
The name and address of any owner of land within the
Agricultural District, which land contains farm operations and is
located within 500 feet of the boundary of the property upon which
the project is proposed; and
(4)
A Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
In case any building or structure is erected,
constructed, reconstructed, altered, converted or maintained or any
building, structure or land is used in violation of this article or
of any other local law, ordinance or other regulation made under authority
conferred thereby, the proper local authorities of the Town, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent the occupancy of said building, structure or land or to
prevent any illegal act, conduct, business or use in or about such
premises; and upon the failure or refusal of the proper local officer,
board or body of the Town to institute any such appropriate action
or proceeding for a period of 10 days after written request by a resident
taxpayer of the Town so to proceed, any three taxpayers of the Town
residing in the district wherein such violation exists, who are jointly
or severally aggrieved by such violation, may institute such appropriate
action or proceeding in like manner as such local officer, board or
body of the Town is authorized to do.
Any person who violates any provision of this
chapter shall be guilty of any offense against this chapter and subject
to a fine of not more than $250 or to imprisonment for a period of
not more than 15 days, or both such fine and imprisonment. In addition,
any person who violates any provision of this chapter or who shall
omit, neglect or refuse to do any act required thereby shall, severally,
for each and every such violation, forfeit and pay a civil penalty
of not more than $100. The imposition of penalties for any violation
of this chapter shall not excuse the violation nor permit it to continue.
The application of the above penalties or prosecution for a violation
of any provision of this chapter shall not prevent the enforced removal
of conditions prohibited thereby. The expenses of the Town in enforcing
such removal, including legal fees, may be chargeable, in addition
to the aforestated criminal and civil penalties, to the offender and
may be recovered in a civil court of appropriate jurisdiction. When
a violation of any of the provisions is continuous, each day thereof
shall constitute a separate and distinct violation subjecting the
offender to an additional penalty.
