SECTION ONE: LEGISLATIVE INTENTThe complete text of the proposed local law is available here.
In 2004, the Town of Ovid enacted a Local Law No. 1 of the Year 2004, commonly referred to as the town’s “land use ordinance.” Rather than relate directly to the physical use of land, the utilization of land or the potential impact of a particular land use on neighboring properties, this local law provides for minimum lot sizes and setbacks for most properties within the town. It establishes a permitting process, to be overseen by the town clerk and it provides that the law will be enforced by an “enforcement officer” and “alternate enforcement officer,” each to be designated by the town board. The law also sets forth penalties for violations and an appeal process, with such appeals to be made to the town board and requiring a public hearing for each appeal.
A review of the history of this local law appears to suggest that practical and fiscal difficulties exist with the enforcement and administration of this local law.
Further, the Town of Ovid is concerned about uncertainties in the existing New York State tax cap law, including how expenditures mandated by law and expenditures and revenues controlled by the county and state interact with the tax cap, as well as increasing costs, such as unfunded mandates, over which the town’s control is limited. The Town is also concerned about Governor Cuomo’s proposal to implement a two-year freeze on property taxes in school districts and localities that stay within the two percent tax cap. The town board is accountable to prepare a responsible budget, which meets the Town’s obligations while minimizing the tax burden.
The town board is aware that the County of Seneca has adopted the following local laws which are in effect throughout the county and address various concerns related to building permits, land use and building safety:
Seneca County, Local Law No. 2 of the year 2006: “A local law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code in the County of Seneca,” (Amended By Local Law No. 1-2008 & Local Law No. 1-2010);
Seneca County, Local Law No. 3 of the year 2012: “A local law to provide safe, stable, housing for recipients of public assistance within Seneca County;” and
These Seneca County Local Laws provide for administration and enforcement by county officials, through the offices of Seneca County Code Enforcement and Division of Human Services.
Based upon the foregoing, in order to minimize the tax and regulatory burden on town residents, and in light of existing regulations at the county level, it is currently the opinion of the town board that the “land use ordinance” appears to be unnecessary at this time and unduly burdensome on the town’s finances and operations.
Therefore, the town board proposes to repeal this local law while the town board and the town planning board continue its general study and review of new land use laws.
SECTION TWO: REPEALER
Local Law No. 1, 2004 of the Town of Ovid, commonly referred to as its “land use ordinance” is hereby repealed in its entirety.
SECTION THREE: EFFECTIVE DATE
This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York in accordance with the Municipal Home Rule Act of the State of New York.
Wednesday, May 21, 2014
Notice of Public Hearing, Proposed Local Law 2014-A, Town of Ovid
A public hearing will be held before the Town Board of the Town of Ovid, New York, at the Ovid Fire House, 2136 Brown St, Ovid, NY 14521 at 7:00 p.m. on the 11th day of June, 2014, concerning Proposed Local Law No. “A” of the year 2014: “Repealing Local Law No. 1, 2004 of the Town of Ovid,” which provides: