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2009 Budget Workshop Notice 09/04/08
NOTICE OF TOWN OF CICERO
2009 BUDGET WORKSHOP
PLEASE TAKE NOTICE that the Town Board of the Town of Cicero will hold the following Budget Workshop on Thursday, September 18th, 2008 commencing at 9:00 am at the Cicero Town Hall located at 8236 South Main Street, Cicero, New York 13039.
By the order of the Cicero Town Board
Proposed Local Law speed limit South Bay Rd. 08/28/08
Local Law Filing
Town of Cicero
Local Law No. ___ of the year 2008
A local law amending Chapter 198 of the Town Code of the Town of Cicero to establish a speed limit of 45 mph on South Bay Road between Thompson Road and Route 31.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 198 of the Town Code is hereby amended as follows:
Section 198-23 Speed limits is modified by
Adding the following road, speed limit, and location information to subsection A:
Name of Street Speed Limit (mph) Location
South Bay Road 45 Thompson Road and Route 31
Porposed Local Law stop signs Harbour Village 08/28/08
Local Law Filing
Town of Cicero
Local Law No. ___ of the year 2008
A local law amending Chapter 198 of the Code of the Town of Cicero regarding the installation of stop signs in the Harbour Village residential subdivision.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 198 of the Town Code of the Town of Cicero is hereby amended as follows:
Section 198-3, “Stop Intersections,” is modified by
Adding the following intersections as stop intersections with stop signs erected on entrances thereto as indicated:
Intersection of With/Stop Sign(s) on Entrance(s)
Oneida Trail Marina Drive Northwest
Beaver Lane Marina Drive (south) North
Marina Drive Gable Drive West
Proposed Local Law stop signs Mariner's Landing subdivision 08/28/08
Local Law Filing
Town of Cicero
Local Law No. ___ of the year 2008
A local law amending Chapter 198 of the Code of the Town of Cicero regarding the installation of stop signs in the Mariner’s Landing residential subdivision.
Be it enacted by the Town Board of the Town of Cicero as follows:
Chapter 198 of the Town Code of the Town of Cicero is hereby amended as follows:
Section 198-3, “Stop Intersections,” is modified by
Adding the following intersections as stop intersections with stop signs erected on entrances thereto as indicated:
Intersection of With/Stop Sign(s) on Entrance(s)
Lakemist Drive Bayview Drive North and South
Bayview Drive Lakemist Drive East
P.H. to consider a local law speed limit on South Bay Rd. 08/28/08
NOTICE OF PUBLIC HEARING: TOWN OF CICERO
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Cicero on the 8th day of September, 2008, at 7:00 P.M. at the Town Hall, Town of Cicero, 8236 South Main Street, Cicero, New York to consider the following: a local law that would establish a speed limit of 45 mph on South Bay Road between Thompson Road and NYS Route 31. The proposed local law is available for review in the Town Clerk’s Office.
P.H. to consider a local law stop signs Harbour Village Subdivision 08/28/08
NOTICE OF PUBLIC HEARING: TOWN OF CICERO
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Cicero on the 8th day of September, 2008, at 7:00 P.M. at the Town Hall, Town of Cicero, 8236 South Main Street, Cicero, New York to consider a local law that would: establish stop signs at the following intersections: on Marina Drive at the intersection of Oneida Trail; on Marina Drive (south) at the intersection of Beaver Lane; and on Gable Drive at the intersection of Marina Drive in the Harbour Village Subdivision. The proposed local law is available for review in the Town Clerk’s Office.
P.H. to consider three-way stop sign intersection Bayview & Lakemist 08/28/08
NOTICE OF PUBLIC HEARING: TOWN OF CICERO
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Cicero on the 8th day of September, 2008, at 7:00 P.M. at the Town Hall, Town of Cicero, 8236 South Main Street, Cicero, New York to consider a local law that would: establish a three-way stop sign at the intersection of Bayview Drive and Lakemist Drive in the Mariner’s Landing Subdivision. The proposed local law is available for review in the Town Clerk’s Office.
Proposed Local Law additional three month moratorium Hamlet of Brewerton 08/28/08
A LOCAL LAW IMPOSING AN ADDITIONAL THREE-MONTH MORATORIUM
ON THE CONSTRUCTION OF NEW COMMERCIAL BUILDINGS OR THE EXTERIOR REFURBISHMENT OR REMODELING OF COMMERCIAL BUILDINGS
IN THE HAMLET OF BREWERTON
Be it enacted by the Town Board of the Town of Cicero as follows:
Section 1. Title.
This Local Law shall be referred to as the “Local Law imposing a three-month Moratorium on construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton.”
Section 2. Purpose and Intent.
Pursuant to the statutory powers vested in the Town of Cicero to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Cicero hereby declares a three-month Moratorium on construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton.
The Hamlet, due to its location at the mouth of Oneida Lake and ample shoreline, is an untapped economic, cultural and social resource. The Town believes that increasing awareness of the Hamlet’s potential due to the Town’s receipt and continued pursuit of grant funds, as well as the Town’s plan to develop and implement a comprehensive plan and a marketing plan, will result in an influx of interest in developing the Hamlet.
The Town has received a grant from the NYS Environmental Protection Fund Local Waterfront Revitalization Program (“LWRP”). The grant will be used to create a comprehensive plan and marketing plan for the Hamlet. The Town has also received a subsequent LWRP grant to establish public restrooms and a police sub-station in the Hamlet, and has received an appropriation in the amount of $764,000 through U.S. Senator Charles Schumer, which will be administered through the New York State Department of Transportation, to revitalize the Hamlet. In addition, the Town has other grant applications that would benefit the Hamlet pending, and intends to pursue additional grant opportunities.
There is currently a moratorium in effect for the Hamlet that is substantially similar to that proposed herein. The intent of the original moratorium was to allow the Town to prepare and establish design standards in the Hamlet in the shortest amount of time possible. That moratorium currently expires on or about October 14, 2008, and at that time will have been in effect for approximately nine (9) months. At this time, it does not appear that the Town will be able to fully implement the design standards before that moratorium expires. Therefore, the Town wishes to re-adopt the same moratorium for a period of three (3) months, to ensure that the design standards are fully completed and implemented before substantial commercial renovations occur in the Hamlet. Thus, the entire length of a moratorium on construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton will be one (1) year.
The design standards are substantially complete, but must be reviewed by the Onondaga County Planning Board and the Town Board. Adopting the design standards must be accomplished in accordance with the applicable requirements of the General Municipal Law and the State Environmental Quality Review Act. In order to ensure that there is time for the design standards are thoroughly reviewed and are adopted in accordance with applicable law prior to an influx of development in the Hamlet, the Town desires to adopt this moratorium.
Section 3. Scope of Controls.
A. During the effective period of this Local Law:
1. The Town of Cicero Planning Board shall not grant any site plan approvals that will result in the construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton, unless a waiver from this Moratorium has been obtained pursuant to Section 9, below.
2. The Town of Cicero Zoning and Planning Office shall not issue any building permits or certificates of occupancy that will that will result in the construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton, unless a waiver from this Moratorium has been obtained pursuant to Section 9, below.
3. This Local Law shall supercede all relevant provisions of the New York State Town Law, the New York State Building Code, the Town of Cicero Town Code and any other applicable law, rule or regulation.
B. For the purposes of this Local Law, a commercial business shall include, but not be limited to:
1. Any use described in Section 210-12 of the Cicero Town Code; and
2. Any non-conforming commercial use existing pursuant to Section 210-25 of the Cicero Town Code.
C. Any disputes as to what is a commercial business or site under the Moratorium imposed by this Local Law shall be referred to the Director of Planning for a written determination as to whether the business or site is to be considered commercial for purposes of the moratorium imposed by this Local Law. Any such determination may be appealed to the Town Zoning Board of Appeals.
D. The Town Board of the Town of Cicero reserves the right to direct the Director of Planning or any Code Enforcement Officer to revoke or rescind any building permits or certificates of occupancy issued in violation of this Local Law.
Section 4. Consideration of New Applications.
No applications for construction affected by this Local Law or for approvals for a site plan other permit shall be approved by any board, officer, employee or agent of the Town while the Moratorium imposed by this Local Law is in effect, unless a waiver from this Moratorium has been obtained pursuant to Section 9, below. Any applicable board, officer, employee or agent of the Town shall have the ability to hear and consider any application during the period of the Moratorium imposed by this Local Law, but shall not approve or disapprove any application until the Moratorium imposed by this Local Law is terminated. Nothing in this Local Law shall be construed such as to result in any default approval for any application heard or considered during the moratorium imposed by this Local Law.
Section 5. Term.
The moratorium imposed by this Local Law shall be in effect for a period of three months from the date on which the previous moratorium on construction of new commercial buildings or the exterior refurbishment or remodeling of commercial buildings in the Hamlet of Brewerton will expire. In the event that the Town Board of the Town of Cicero adopts or accepts a design and technical standards for the Hamlet of Brewerton prior to the date that the Moratorium imposed by this Local Law expires, then in that event the Moratorium imposed by this Local Law shall expire immediately on the date that the Town adopts or accepts a plan for the future development of the Hamlet.
During the period of this moratorium the Town shall endeavor to finalize and adopt a comprehensive set of design and technical standards for the Hamlet of Brewerton.
Section 6. Location.
The Moratorium imposed by this Local Law shall apply to the properties encompassed within the following geographic area:
Western boundary: Town of Clay
Eastern boundary: Interstate Route 81
Northern boundary: Oneida River and Oneida Lake
Southern boundary, West of U.S. Route 11: Orangeport Road
Southern boundary, East of U.S. Route 11: Miller Road
Any dispute as to whether a property is encompassed within the geographic area detailed above shall be referred to the Planning Director for a written interpretation. Any such determination may be appealed to the Town Zoning Board of Appeals.
Section 7. Penalties.
Any person, firm, corporation or other entity that shall establish, place, construct, enlarge, erect or in any way conduct business from any commercial business in violation of the provisions of this Local Law or shall otherwise violate the provisions of this Local Law shall be subject to:
A. Such penalties imposed by Article IX of the Cicero Town Code; and
B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law.
Section 8. Validity.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.
Section 9. Hardship.
A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Cicero in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a site plan, building permit, variance, special permit or other permit during the period of the moratorium imposed by this Local Law.
B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a public hearing on said application upon five (5) days’ written notice in the official newspaper of the Town. At the public hearing, the property owner and any other person or party wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within twenty (20) days of the close of the Public Hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Governing Body shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law.
C. Any waiver from this moratorium shall be contingent upon the applicant complying with the design and technical standards for the Hamlet of Brewerton after such design and technical standards have been adopted by the Town Board.
Section 10. Effective Date.
This Local Law shall take effect as specified in Section 5 and upon filing with the New York State Secretary of State.
P.H. to consider a moratorium of commercial site plan & commercial building permits in the Hamlet of Brewerton 08/28/08
NOTICE OF PUBLIC HEARING: TOWN OF CICERO
PLEASE TAKE NOTICE that a Public Hearing will be held by the Town Board of the Town of Cicero on the 8th day of September, 2008, at 7:00 P.M. at the Town Hall, Town of Cicero, 8236 South Main Street, Cicero, New York to consider a moratorium on the issuance of commercial site plan approvals and commercial building permits in the Hamlet of Brewerton. Copies of the proposed moratorium are available for review in the Town Clerk’s Office.
Proposed Local Law - Windmills 08/18/08
Local Law Filing
Town of Cicero
Local Law No. ___ of the year 2008
A local law regulating Wind Energy Conversion Systems in the Town of Cicero.
Be it enacted by the Town Board of the Town of Cicero as follows:
ARTICLE I
Purpose
The purpose of this local law is to promote the effective and efficient use of the Town’s wind energy resources through Wind Energy Conversion Systems (WECS) and to regulate the placement of WECS in a manner that does not jeopardize the public health, safety or welfare. This local law shall strive to provide adequate regulations to properly site WECS in a manner that mitigates potential negative impacts associated with WECS. The demand in the Town for WECS has been for those that produce relatively small amounts of electrical power for on-site use. Thus, with this local law, the Town seeks to regulate WECS that are capable of producing one hundred (100) kilowatts or less of electrical power.
ARTICLE II
Authority
The Town Board adopts this local law under the authority granted by the New York State Constitution Article IX; the New York State Statute of Local Governments Section 10; the New York State Municipal Home Rule Law Sections 10, 11, 12 and 14; the New York State Town Law Article 16 and other applicable provisions of the New York State Town Law.
ARTICLE III
Findings
The Town Board finds and declares that:
• Wind energy is an abundant, renewable and non-polluting energy resource, and the conversion of wind energy to electricity may reduce dependence on nonrenewable energy sources as well as decrease the pollution associated with the use of conventional energy sources.
• The generation of electricity from properly sited WECS, including small systems, can be cost-effective. In many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
• Regulation of the siting and installation of WECS is necessary to protect the health, safety and welfare of neighboring property owners and the general public.
• WECS can result in significant aesthetic impacts because of their large size, lighting and shadow flicker effects.
• The installation of WECS can create drainage problems if not properly regulated.
• WECS technology evolves quickly and is increasingly in demand. Safer, smaller and more efficient WECS than those presently available to the public at the time this local law is adopted may be available in the near future. The Cicero Town Board wishes to grant the Planning Board the flexibility to allow for new WECS technology in the Town of Cicero that may otherwise be prohibited by strict application of this legislation.
ARTICLE IV
ESTABLISHMENT OF REGULATIONS REGARDING WIND ENERGY FACILITIES IN THE TOWN OF CICERO.
A new Chapter 207 shall be added to the Code of the Town of Cicero as follows:
Section 207-1. Purpose and intent.
The purpose of this local law is to promote the effective and efficient use of the Town’s wind energy resources through Wind Energy Conversion Systems (WECS) and to regulate the placement of WECS in a manner that does not jeopardize the public health, safety or welfare. This local law shall strive to provide adequate regulations to properly site WECS in a manner that mitigates potential negative impacts associated with WECS. The demand in the Town for WECS has been for those that produce relatively small amounts of electrical power for on-site use. Thus, with this local law, the Town seeks to regulate WECS that are capable of producing one hundred (100) kilowatts or less of electrical power.
Section 207-2. Findings.
The Town Board finds and declares that:
• Wind energy is an abundant, renewable and non-polluting energy resource, and the conversion of wind energy to electricity may reduce dependence on nonrenewable energy sources as well as decrease the pollution associated with the use of conventional energy sources.
• The generation of electricity from properly sited WECS, including small systems, can be cost-effective. In many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.
• Regulation of the siting and installation of WECS is necessary to protect the health, safety and welfare of neighboring property owners and the general public.
• WECS can result in significant aesthetic impacts because of their large size, lighting and shadow flicker effects.
• The installation of WECS can create drainage problems if not properly regulated.
• WECS technology evolves quickly and is increasingly in demand. Safer, smaller and more efficient WECS than those presently available to the public at the time this local law is adopted may be available in the near future. The Cicero Town Board wishes to grant the Planning Board the flexibility to allow for new WECS technology in the Town of Cicero that may otherwise be prohibited by this legislation.
Section 207-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
BUILDING - A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattels.
HEIGHT - the height of the structure from finished grade at the base of the WECS to the furthest vertical extension of the WECS, including the tower, turbine, rotors, blades and other associated appurtenances.
OVERSPEED CONTROL – A mechanism used to limit the speed of blade rotation below the design limits of the WECS.
SITE - The parcel of land on which the WECS is to be placed.
VIEWSHED - Those points from which the WECS is visible.
WIND ENERGY CONVERSION SYSTEM (“WECS”) - A machine that converts kinetic energy in the wind to a usable form, commonly referred to as a “wind turbine” or a “windmill.” The WECS includes all parts of the system. The turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.
Section 207-4. Site plan required.
A. Installation of a WECS shall require site plan approval in accordance with the provisions of this Chapter and applicable provisions of Chapter 210. No site plan for a WECS shall be approved unless the WECS complies with the Requirements set forth in Section 207-5 and applicable provisions of Chapter 210.
B. Application. Every application for a site plan shall be made, in writing, to the Planning Board, shall be accompanied by the fees as established by the Town Board, which fees may include post-construction inspection fees if determined necessary by the Planning Board. In addition to a Site Plan Application and associated information required by Section 210-27, a WECS application and shall include the following information:
(1) A Site Plan with the information required by Section 210-27(C), and illustrating:
(a) Property line and physical dimensions of the proposed Site;
(b) Location, approximate dimensions and types of existing Buildings, structures and uses at the Site;
(c) Location and elevation of the proposed WECS;
(d) Location of all above-ground utility lines and other WECS on Site, or, within one radius of the total height of the proposed WECS, including the furthest vertical extension of the rotor assembly;
(e) Location of all transmission facilities proposed for installation, as applicable;
(f) Location of all road and other service structures proposed as part of the WECS installation, as applicable; and
(g) Lighting information, as applicable.
(2) Drawings or narrative indicating method of making the WECS inaccessible to unauthorized personnel.
(3) A written and signed statement indicating that the applicant and owner, if different, will comply with Section 207-5(A)(5).
(4) Drawings and specifications prepared and stamped by a registered professional engineer of the generator, hub and blades, and electrical support facilities, including transformers, cables and control devices.
(5) Structural drawings prepared and stamped by a registered professional engineer of the tower, including foundation design and guy wire design, as applicable. Such drawings shall evidence that the WECS complies with the NYS Building Code, other applicable regulations and sound engineering practices.
(6) A statement by a registered professional engineer certifying that the rotor and Overspeed Controls have been designed and fabricated for the proposed use in accordance with sound engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors.
(7) Project visibility map, such as a USGS or similar map, that shows the limits of the Viewshed.
(8) Photograph rendering of the WECS from at least three (3) selected locations within the Viewshed. The photographic renderings should reflect the view from residential areas or areas where large number of people will view the WECS.
(9) Information on sound generation from the WECS and associated appurtenances that indicates compliance with Cicero Town Code Chapter 143.
(10) Information on compliance with Federal Aviation Administration requirements.
(11) Evidence that the applicant has notified the utility company that it intends to establish a WECS at the site.
Section 207-5. Requirements.
A. General provisions. WECS shall comply with the following requirements:
(1) Setbacks.
(a) WECS shall be set back from any property line, above-ground utility line, other WECS or Buildings a distance greater than 105% of its overall Height.
(b) Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of the property on which the WECS is located.
(2) Lighting of WECS. WECS shall have no additional lighting unless required by the Federal Aviation Administration. If FAA rules and regulations require lighting at the WECS, such lighting shall conform with FAA standards for wattage and color.
(3) Utility notifications. For those WECS which will be inter-connected to a utility grid, the WECS shall not be inter-connected until evidence has been given that the utility company has accepted such inter-connection in writing.
(4) WECS Access. The WECS shall not be accessible to unauthorized personnel. The WECS and appurtenances shall be enclosed with a six (6) foot fence if the WECS can be climbed or WECS appurtenances are exposed at ground-level.
(5) Abatement. If a WECS are not maintained in operational condition for a period of one (1) year, the owner shall take expeditious action to remedy the situation. The Town of Cicero reserves the right to abate any hazardous situation and to pass the cost of such abatement to the owner of the WECS. If the Town determines that the WECS has been abandoned and poses a safety hazard, the WECS shall be removed within forty-five (45) days of written notice to the owner of the WECS.
(6) Height. The minimum height of the WECS rotor, blade or other moving parts shall be twenty (20) feet above the ground. The maximum height of the WECS shall be sixty (60) feet in general commercial, general commercial plus, regional commercial, and industrial districts, and shall be thirty five (35) feet in neighborhood commercial and agricultural districts.
(7) Guy wires. Anchor points for guy wires for the WECS tower shall be located a distance from the property line equal to the required building setback for the district in which the WECS is located, and not on or across any above-ground electric transmission or distribution line, or any building not solely utilized as an accessory to the WECS.
(8) Rotor safety. Each WECS must be equipped with both manual and automatic Overspeed Controls to limit the rotational speed of the blade below the design limits of the rotor.
(9) Environmental impact. The project must be viewed for visual pollution and for a possible environmental impact statement.
(10) Color. The WECS shall be matte white or galvanized metal.
(11) Noise. The WECS shall meet the requirements of Chapter 143 of the
Town Code of the Town of Cicero.
(12) Electromagnetic interference. The WECS shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to the Town Zoning Office that a WECS is causing harmful interference, the owner shall promptly mitigate the harmful interference.
(13) Signs. At least one (1) sign shall be posted at the base of the tower warning of electrical shock or high voltage, which sign shall be a maximum of one hundred forty four (144) square inches. There shall be no advertisement signs on the WECS.
(14) WECS shall be allowable in neighborhood commercial, general commercial, general commercial plus, regional commercial and industrial zoning districts, and in agricultural districts on Sites of two (2) acres in size or greater. WECS are prohibited in agricultural districts on Sites less than two (2) acres in size, and residential districts, except in accordance with Section 207-6(C).
(15) No more than one (1) WECS shall be permitted on a Site, and it shall be an accessory use for the Site.
(16) WECS shall be installed on the natural grade of the Site.
B. Building permit application for a WECS. Building permit applications for a WECS shall be accompanied by a plot plan not less than two (2) years old prepared by a licensed land surveyor, and in sufficient detail to clearly describe the following:
(1) Property lines and physical dimensions of the Site.
(2) Location, dimensions and types of existing structures and uses on Site.
(3) Location and elevation of the proposed WECS.
(4) Location of all above-ground utility lines on Site, or within one radius of 105% of the total height of the WECS.
(5) The make, model, picture and manufacturer’s specifications, including noise decibels.
C. Certificate of Compliance and Inspections.
(1) Each WECS shall be required to obtain a Certificate of Compliance from the Zoning Department after it has been installed. No Certificate of Compliance shall be issued unless the WECS complies with the Site Plan for the same approved by the Planning Board and the WECS is in full compliance with all other provisions of this Chapter.
(2) Prior to obtaining a Certificate of Compliance, the applicant shall submit evidence satisfactory to the Zoning Department that the WECS is not in violation of Chapter 143.
(3) All WECS towers shall be inspected annually for structural integrity by a qualified inspector, and the inspection report shall be filed with the Zoning Department within thirty (30) days of the annual anniversary date on which the WECS received a Certificate of Compliance. Any deficiencies noted by the inspector must be corrected within thirty (30) days of the inspection, and certification that the deficiency has been corrected must be provided to the Zoning Department.
Section 207-6. Exemptions.
A. Water pumpers. Non-electrical WECS used for pumping water may be exempted from the provisions of Sections 207-4 and 207-5. However, they must be sited so as any tip-over will be harmless to buildings, shall not exceed thirty five (35) feet in height, shall comply with applicable setbacks, and shall only be permitted in agricultural districts.
B. Ornamental WECS. WECS used solely for decorative or aesthetic purposes are allowable in any zoning district. Such ornamental WECS shall be no greater than six (6) feet in height in all districts except Agricultural, in which case such Ornamental WECS shall be no higher than thirty five (35) feet. Ornamental WECS shall comply with applicable setbacks, and must be sited so as any tip-over will be harmless to buildings.
C. Waivers. The Planning Board shall have the ability to waive any requirement of Section 207-4 or 207-5, including, but not limited to, the requirement that WECS are prohibited in certain districts, upon a written finding by the Zoning Department that advancements in technology make such requirement unnecessary for the preservation of the health, safety and welfare of the public. Such written finding shall detail why such requirement is unnecessary, and may be appealed to the Zoning Board of Appeals in accordance with the applicable provisions of Chapter 210 and the New York State Town Law.
Section 207-7. Violations and penalties.
A. Failure to comply with any of the provisions of this Chapter shall constitute a violation punishable either:
(1) By the imposition of a fine not exceeding $350.00 or imprisonment for a period not to exceed fifteen (15) days, or both, for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five (5) years, by a fine of not less than $350.00 but no more than $700.00, or imprisonment for a period not exceeding fifteen (15) days, or both; and, for conviction of a third or subsequent offense, all of which were committed within a period of five (5) years, by a fine of not less than $700.00 but no more than $1,000.00, or imprisonment for a period not exceeding six (6) months, or both; and/or
(2) By the imposition of a civil penalty in the above amounts, which said penalty may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town in the Town Justice Court, pursuant to the provisions of Article 18 of the Uniform Justice Court Act.
B. Each week’s continued violation shall constitute a separate, additional violation for which separate and additional fines or civil penalties in the above amounts may be imposed or recovered.
ZBA September Meeting Date Change 08/08/08
TOWN OF CICERO
NOTICE
TAKE NOTICE THAT DUE TO THE LABOR DAY HOLIDAY, THE TOWN OF CICERO ZONING BOARD OF APPEALS HAS CHANGED THE DATE OF THEIR SEPTEMBER MEETING. THE SEPTEMBER MEETING WILL NOW BE HELD ON WEDNESDAY, SEPTEMBER 10, 2008 AT 7:00 PM. THE MEETING WILL BE HELD AT THE CICERO TOWN HALL, 8236 ROUTE 11, CICERO, NY.
GARY NATALI, CHAIRMAN
TOWN OF CICERO
ZONING BOARD OF APPEALS
Town of Cicero "Young Lungs at Play!" Tobacco-Free Parks Policy 08/01/08
TOWN OF CICERO
“Young Lungs at Play!” Tobacco-Free Parks Policy
Guideline Statement
The Town of Cicero “Young Lungs at Play!” Tobacco-Free Parks Policy is designed to protect the health, welfare and safety of Town park patrons.
Legislative Findings
The Town of Cicero recognizes the following facts as compiled by Tobacco-Free Onondaga County:
1. The number of estimated cigarette smokers in Onondaga County is 85,197 and the estimated number of packs of cigarettes smoked in Onondaga County is 47,018 per day.
2. In New York State, the tax burden from smoking-caused expenditures has been $904.00 per household.
3. Onondaga County has, in the past, exceeded the New York State average for lung cancer mortality.
The Town further recognizes these additional facts, also as compiled by Tobacco-Free Onondaga County:
1. Cigarette butts are the most common form of litter, and cigarette butts are hazardous to children, animals and the environment. Children who ingest discarded cigarette butts are at risk for toxic poisoning, choking, and burning.
2. Over 70% of Onondaga County adult residents favor smoke-free parks and playgrounds, and 77% of Onondaga County smokers themselves believe that smoking in playgrounds should be eliminated.
3. In Onondaga County, 80% of the population does not smoke.
Policy Statement
The Town of Cicero is committed to providing a high quality of living to all residents. The Town believes that:
1. There is no safe level of exposure to secondhand smoke. It can cause asthma, respiratory infections and cardiovascular disease. Children should be able to play and exercise in Town parks without being exposed to the harmful effects of secondhand smoke.
2. Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of both the participants and observers.
3. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to children and causing a litter problem.
Tobacco-Free Facilities
The Town of Cicero does not allow the use of tobacco products on Town-owned park land, park facilities or open space.
Compliance Procedures
The enforcement of this policy is through voluntary compliance.
1. Appropriate Town-owned park land, park facilities and open space will be signed indicating that the designated areas are tobacco-free. Areas where tobacco use is permitted will be designated at the discretion of the Director of Parks and Recreation.
2. The Town Director of Parks and Recreation will meet with Town employees and officials, activity organizations, leaders and coaches to discuss the policy and to distribute information.
3. Town staff will be responsible for enforcing this policy and for promoting awareness of this policy.
Adopted the
28th day of July, 2008 by resolution of the Cicero Town Board, to be effective July 28, 2008.
Proposed Verizon towers McKinley Road 06/26/08
Verizon Wireless has submitted revised plans for the proposed telecommunications tower at 6005 McKinley Road. The revised plans indicate that the proposed tower will now be located 300 feet to the north of where originally proposed. Information is available for review in the Town Zoning Office. Persons interested in attending Planning Board meetings where the proposed Verizon towers will be discussed should contact the Zoning Office to determine at what meetings the Planning Board will be reviewing the projects.
Notice SPCES General Permit for Stormwater Discharges Annual Report 05/21/08
NOTICE
In accordance with the requirements of the SPDES General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4’s), Permit No. GP-02-20 a draft copy of the Stormwater Management Program Annual Report is available in the Town Clerk’s office for review and comment.
Town of Cicero 2007 Annual FInancal Report Notice 04/15/08
The 2007 Annual Financial Report for the Town of Cicero has been completed and is on file in the Cicero Town Clerk’s Office and may be viewed upon request.
Proposed Local Law Windmill Moratorium on Wind Power Generating Facilities 02/15/08
LOCAL LAW FILING
Town of Cicero
Local Law Number ___ of the year 2008
A local law imposing a six-month moratorium on Wind Power Generating Facilities.
Be it enacted by the Town Board of the Town of Cicero as follows:
Section 1. Title.
This Local Law shall be referred to as the “Local Law Imposing a Six-Month Moratorium on applications or proceedings for applications for, or the issuance of approvals, permits and zone changes for the construction of Wind Power Generating Facilities (Windmills) within the Town of Cicero.”
Section 2. Purpose and Intent.
Pursuant to the statutory powers vested in the Town of Cicero to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Cicero hereby declares a six-month moratorium on applications or proceedings for applications for, or the issuance of approvals, permits and zone changes for the construction of Wind Power Generating Facilities within the Town of Cicero.
This moratorium will allow time for Town officials to review and update The Town’s regulations regarding the commercial and residential use of Wind Power Generating Facilities. Additionally, this moratorium will allow the Town to, among other things, provide where Wind Power Generating Facilities may be allowed, set maximum heights, provide for appropriate setbacks from property lines, and make such other regulations as may be necessary to promote and preserve the health, safety and welfare of the Town of Cicero and its citizens.
The Town Board has determined that it is necessary to clarify which zoning districts within which Wind Power Generating Facilities may be permitted, as well as what set backs and other issues relating to the siting of Wind Power Generating Facilities should apply, and the allowable heights of Wind Power Generating Facilities.
The Town Board desires to address, in a careful manner, the establishment, placement, construction and development of Wind Power Generating Facilities through a comprehensive review of wind energy and its effect on land use.
Section 3. Scope of Controls.
A. Definitions
1. Wind Power Generating Facilities: Those facilities which generate original power on site to be transferred to a transmission system for distribution to customers. The definition of wind power generating facilities shall include individual wind power generating facilities erected and used for private use, as well as transmission lines, access roads, meteorological towers and other related facilities.
B. During the effective period of this Local Law:
1. The Town of Cicero Planning Board shall not grant any site plan approvals that will have as the result the establishment or construction of any Wind Power Generating Facilities as defined in this Local Law within the Town of Cicero.
2. The Town of Cicero Zoning and Planning Office shall not issue any building permits or certificates of compliance that will have as the result the establishment or construction of any Wind Power Generating Facilities as defined in this Local Law within the Town of Cicero.
3. The Town of Cicero Zoning Board of Appeals shall not grant any variance or other permit for any use that would result in the establishment or construction of any Wind Power Generating Facilities as defined in this Local Law within the Town of Cicero.
4. The Town of Cicero Town Board shall not grant any requests for the rezoning of any commercial property or the rezoning of any other property classification to accommodate the establishment or construction of any Wind Power Generating Facilities as defined in this Local Law within the Town of Cicero during the moratorium imposed by this Local Law.
5. This moratorium shall supercede all relevant provisions of the New York State Town Law, the New York State Building Code, the Town of Cicero Town Code and any other applicable law, rule or regulation.
C. The Town Board of the Town of Cicero reserves the right to direct the Director of Planning or any Code Enforcement Officer to revoke or rescind any building permits or certificates of compliance issued in violation of this Local Law.
Section 4. Consideration of New Applications.
No applications for construction affected by this Local Law or for approvals for a site plan, variance, zone change or other permit shall be approved by any board, officer, employee or agent of the Town while the moratorium imposed by this Local Law is in effect. Any applicable board, officer, employee or agent of the Town shall have the ability to hear and consider any application during the period of the moratorium imposed by this Local Law, but shall not approve or disapprove any application until the moratorium imposed by this Local Law is terminated. Nothing in this Local Law shall be construed such as to result in any default approval for any application heard or considered during the moratorium imposed by this Local Law.
Section 5. Term.
The moratorium imposed by this Local Law shall be in effect for a period of six (6) months from the effective date of this Local Law. In the event that the Town Board of the Town of Cicero adopts or accepts a plan for the establishment or construction of any Wind Power Generating Facilities prior to the date that the moratorium imposed by this Local Law expires, then in that event the moratorium imposed by this Local Law shall expire immediately on the date that the Town adopts or accepts a plan for the establishment or construction of any Wind Power Generating Facilities as defined in this law within the Town of Cicero.
This moratorium may be extended by two additional periods of up to three (3) months each by resolution of the Town Board upon a finding and a necessity for such extension.
During the period of this moratorium the Town shall endeavor to establish a comprehensive set of regulations for the establishment or construction of Wind Power Generating Facilities
Section 6. Location.
The moratorium imposed by this Local Law shall apply to the territorial limits of the Town of Cicero except for those portions of the Town located within the incorporated Village of North Syracuse.
Any dispute as to whether a property is encompassed within the geographic area detailed above shall be referred to the Director of Planning for a written interpretation. Any such determination may be appealed to the Town Zoning Board of Appeals.
Section 7. Penalties.
Any person, firm, corporation or other entity that shall establish, place, construct, erect or in any way to site or locate a Wind Power Generating Facilities as defined in this law within the Town of Cicero in violation of the provisions of this Local Law or shall otherwise violate the provisions of this Local Law shall be subject to:
A. Such penalties imposed by Article IX of the Cicero Town Code; and
B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law.
Section 8. Validity.
The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision.
Section 9. Hardship.
A. Should any owner of property affected by this Local Law suffer any unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Cicero in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a site plan, building permit, variance, special permit or other permit during the period of the moratorium imposed by this Local Law.
B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a public hearing on said application upon five (5) days’ written notice in the official newspaper of the Town. At the public hearing, the property owner and any other person or party wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within twenty (20) days of the close of the Public Hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Governing Body shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law.
Section 10. Effective Date.
This Local Law shall take effect immediately when it is filed in the Office of the New York Secretary of State in accordance with the Municipal Home Rule Law.
Town of Cicero Town Board Meeting Schedule for 2008 01/09/08
TOWN OF CICERO
PUBLIC NOTICE
PLEASE TAKE NOTICE
That the Town Board of the Town of Cicero will hold their Regular Town Board Meetings for the year 2008 on the second and fourth Mondays of the month for regular town board meetings to begin at 7:00 p.m. with the following exceptions:
Monday, January 14, 2008 to Monday, January 7, 2008
Monday, March 24, 2008 to Wednesday, March 26, 2008
in observance of Easter
Monday, May 26, 2008 to Wednesday, May 28, 2008
in observance of Memorial Day
Monday, October 13, 2008 to Wednesday, October 15, 2008
in observance of Columbus Day
One town board meeting for the months of July and August to be held on Monday, July 28, 2008 and Monday, August 25, 2008.
By order of the Town Board
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