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HomeMy WebLinkAbout1996_2_7_Local_Law_No_2 LOCAL LAW NO. 2 - 1996 Amendment to Local Law No 6 - 1995 known as "Restrictions on Outdoor Power Tools and Gasoline Powered Blowers." Section 1. Purpose: The purpose of this Amendment is to modify the time period in which the ban on leaf blowers is in effect based upon input from the Community. Section 2. Amendment: Section 3B of Local Law 6-1995 will be amended to read as follows: The use of gasoline powered leaf blowers shall be unlawful in the Town during the period from June 1 through September 30 of each year. This section shall not apply to (1) utility companies, municipal and/or school district emergency operations and (2) for a period of up to five (5) days following storms for purposes of removing debris resulting from such storms. Section 3. Severability: Should any provision of this Local Law be declared illegal or unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of this Local Law can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect. Section 4. Effective Date: This Local Law shall take effect immediately. LOCAL LAW NO. 3 - 1996 This Local Law shall be known as "Amendment to Zoning Ordinance Provisions for Walls and Fences". Section 1. Purpose: This Local Law modifies the requirements of the Zoning Ordinance with respect to walls and fences. Over the last several years there has been a significant increase in the number of applications made to the Zoning Board of Appeals for walls and fences. The need to modify the Town requirements with respect to walls and fences has become apparent as a result of this large number of variance applications. The purpose of this Local Law is to provide regulations consistent with the needs of the Community which protect the health, safety, and welfare of the Community. Section 2. Amendment: A) Section 89-3 of the Zoning Ordinance is amended by adding the following definitions: Fence - a structure, including a wall, enclosing a yard or portion of a yard, used to prevent or impede entrance and/or to mark a boundary. Retaining Wall - a structure which holds or secures in place rock and/or earth. B) Section 89-44 (d) is hereby amended to read as follows: Walls and Fences. (1) The yard requirements of this ordinance shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall provided that in any residence district such fence or wall shall not exceed four feet in height in any required front yard and/or five feet in heights in any required side or rear yard. For the purposes of this ordinance, the height of any retaining wall shall be included in the computation of the height of a wall or fence placed on top of or above such retaining wall or at a distance of four feet or less horizontally from the retaining wall, in determining whether or not a wall or fence meets the heights restrictions of this provision. (2) Gates, posts, capitals and pillars shall comply with the height requirements of this provision except ornamental or decorative features on top of posts, pillars, capitals and gates may exceed the height limitations of this provision by no more than twelve inches. However, no more than ten percent of the total length of a fence or wall including gates, posts, capitals, and pillars may have an ornamental or decorative feature which exceeds the height limitations set forth in Section 89-44 (d) (1). 3. Six foot fences are permitted in business or commercial districts in the side and rear yards only. Page 2 4. Walls and fences are subject to Section 89-44E. Section 3. Severability: Should any provision of this Local Law be declared invalid by a court of competent jurisdiction, such declaration of invalidity shall not effect any other section of this Local Law which may be otherwise capable of enforcement. Section 4. Effective Date: This Local Law shall take effect immediately.