TOWN OF PREBLE TOWN BOARD RESOLUTION February 8, 2016 Local Law A-2015

The following resolution was offered by ____________________, who moved its adoption, seconded by ____________________, to wit: WHEREAS, pursuant to the provisions of the Municipal Home Rule Law, a proposed local law titled Local Law No. A-2015, “A Local Law to Amend the Zoning Ordinance of the Town of Preble to Amend Certain Definitions, to Amend the Purpose of the Residential Lake Side District (R1L), to Clarify the Uses Permitted in the Residential Lake Side District (R1L) and to Add a New Section Prohibiting the Use of Recreational Vehicles as a Dwelling,” was presented and introduced at a Regular Meeting of the Town Board of the Town of Preble held on December 14, 2015; and WHEREAS, a public hearing was held on such proposed local law on January 11, 2016 by the Town Board of the Town of Preble with proofs of publication of notice of such public hearings, as required by law, having been submitted and filed, and all persons desiring to be heard in connection with said proposed local law having been heard, and said proposed local law having been in the possession of the members of the Town Board of the Town of Preble in its final form in the manner required by Section 20 of the Municipal Home Rule of the State of New York; and WHEREAS, the proposed Local Law was duly referred to the Cortland County Planning Board for review and comment pursuant to the New York State General Municipal Law; and WHEREAS, the enactment of Proposed Local Law No. A-2015 has previously been determined to be a Type I Action pursuant to the SEQR review process; and WHEREAS, previously on the 14th day of December, 2015, after significant consideration and review, the proposed action to adopt the Local Law was deemed not to have

any adverse environmental impact and the Town Board adopted a Negative Declaration in conjunction with the SEQR process; and WHEREAS, it is in the public interest to enact said Proposed Local Law No. A of 2015. NOW, THEREFORE, it is RESOLVED AND DETERMINED that the Town Board of the Town of Preble, Cortland County, New York, does hereby enact Proposed Local Law No. A of 2015 as Local Law No. 1 of 2016 as follows: “TOWN OF PREBLE LOCAL LAW NO. 1 FOR THE YEAR 2016 A LOCAL LAW TO AMEND THE ZONING ORDINANCE OF THE TOWN OF PREBLE TO AMEND CERTAIN DEFINITIONS, TO AMEND THE PURPOSE OF THE RESIDENTIAL LAKE SIDE DISTRICT (R1L), TO CLARIFY THE USES PERMITTED IN THE RESIDENTIAL LAKE SIDE DISTRICT (R1L) AND TO ADD A NEW SECTION PROHIBITING THE USE OF RECREATIONAL VEHICLES AS A DWELLING Be it enacted by the Town Board of the Town of Preble as follows: SECTION 1.

AUTHORITY.

This local law is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law §10. SECTION 2.

AMENDMENTS TO ARTICLE II (“DEFINITIONS”), SECTION 210, OF THE ZONING ORDINANCE OF THE TOWN OF PREBLE.

The Zoning Ordinance of the Town of Preble is hereby amended by deleting the definition of “DWELLING” set forth in Article II, Section 210, to replace it with a new definition of “DWELLING” as follows: “DWELLING: Any building or portion thereof designed or used exclusively as a residence or sleeping place of one (1) or more persons, including a manufactured home. The term dwelling does not include recreational vehicles (RVs), campers, camping units, camping cabins, camping trailers, or tents as defined herein. SINGLE-FAMILY: A detached residential dwelling designed for and occupied by one family only. TWO-FAMILY: A detached residential building containing two dwelling units, designed for occupancy by not more than two families. MULTIPLE-FAMILY: A residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.

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SEASONAL HOME: A dwelling unit permanently affixed to the land intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including beach cottages, hunting cabins, vacation cottages, summer cottages, and vacation lodges. The term dwelling does not include recreational vehicles (RVs), campers, camping units, camping cabins, camping trailers, or tents or any other mobile or temporary vehicle or structure used as or intended as a living quarters.” SECTION 3.

AMENDMENTS TO ARTICLE II (“DEFINITIONS”), SECTION 210, OF THE ZONING ORDINANCE OF THE TOWN OF PREBLE.

The Zoning Ordinance of the Town of Preble is hereby amended by adding new definitions to Article II, Section 210, as follows: “CAMPER: A mobile or movable structure or vehicle with accommodations for living and sleeping designed for temporary or seasonal occupancy. CAMPING CABIN: A hard sided tent or shelter less than 400 square feet in area which is on skids or otherwise designed to be readily movable. CAMPING UNIT: A tent, camping cabin, recreational vehicle or other type of portable shelter intended, designed and/or used for temporary human occupancy. RECREATIONAL VEHICLE (RV): A vehicular camping unit used or designed to be used for recreational travel and temporary living and/or sleeping purposes that either has its own motor or is designed to be mounted on or towed by another vehicle, including motor homes, truck campers, camping trailers, campers, travel trailers, pop-up trailers, tent trailers, park model trailers and overnight trailers. TENT: A portable shelter made of cloth, canvas, plastic, or similar material, supported by one or more poles or a frame and often secured by ropes, cords or other devices attached to pegs or stakes driven into the ground.” SECTION 4.

AMENDMENTS TO ARTICLE V (“ZONING DISTRICT USES; ANY USE NOT SPECIFICALLY PERMITTED IS PROHIBITED”), SECTION 511, OF THE ZONING ORDINANCE OF THE TOWN OF PREBLE.

The Zoning Ordinance of the Town of Preble is hereby amended by deleting Section 511 (“Purpose”) of Article V, to replace it with a new Section 511 as follows: “SECTION 511 PURPOSE The Town Board of the Town of Preble finds that lake and pond shorelines located within the Town are a unique and valuable resource to the community and provide a natural attraction for residential development along those shorelines. However, in order to protect this vital natural resource for the community and future generations and to prevent the environmental degradation of the Town’s water resources, the Town recognizes that the uses permitted in the Residential Lake Side District should be limited while simultaneously balancing the attractiveness and value for residential development along the Town’s waterfront areas. Accordingly, only the uses set forth in Sections 512, 513 and 514 below shall be permitted in the Residential Lake Side District. Any use not expressly -3-

permitted as of right or by a conditional permit use by the Zoning Board of Appeals is prohibited.” AMENDMENTS TO ARTICLE V (“ZONING DISTRICT USES; ANY USE NOT SPECIFICALLY PERMITTED IS PROHIBITED”), SECTION 512, OF THE ZONING ORDINANCE OF THE TOWN OF PREBLE.

SECTION 5.

The Zoning Ordinance of the Town of Preble is hereby amended by deleting Section 512 (“Permitted Uses”) of Article V, to replace it with a new Section 512 as follows: “SECTION 512 PERMITTED USES Seasonal Home Single-Family Dwellings Note: Seasonal Home and Single-Family Dwelling uses are intended to permit only structures and dwellings which are permanently affixed to the land and shall not be construed to permit recreational vehicles (RVs), campers, camping units, camping cabins, camping trailers, or tents or any other mobile or temporary vehicle or structure used as or intended as a living quarters.” AMENDMENTS TO ARTICLE VI (“REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS”), SECTION 620, OF THE ZONING ORDINANCE OF THE TOWN OF PREBLE.

SECTION 6.

The Zoning Ordinance of the Town of Preble is hereby amended by deleting Section 620 (“CAMPING TRAILERS”) of Article VI, to replace it with a new Section 620 as follows: “SECTION 620 RECREATIONAL VEHICLES (RV)

SECTION 7.

A.

The use of a Recreational Vehicle (RV) as a permanent or a temporary dwelling unit, for living, sleeping, housekeeping or residential purposes and the connection of such RV to utility services are prohibited unless otherwise specified in the Zoning Ordinance of the Town of Preble.

B.

A Recreational Vehicle (RV) may, however, be used as temporary lodging while parked on the same lot with a dwelling, provided the RV is not used for such purpose for more than two separate periods per year, which shall not exceed seven (7) days each, and further provided that all applicable health and safety standards are met and, in no case, shall the use be for any remuneration. SEVERABILITY.

If any word, phrase, sentence, part, section, subsection, or other portion of this Law, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in such event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this Law that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this Law or the application hereof to any other persons or circumstances. If necessary as to such person or circumstances, such invalid or -4-

unenforceable provision shall be and be deemed severed herefrom, and the Town Board hereby declares that it would have enacted this Law, or the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion hereof is severed or declared invalid or unenforceable. SECTION 8.

EFFECTIVE DATE.

This Local Law shall be effective upon filing with the office of the Secretary of State.” The question of the foregoing Resolution was duly put to a vote and, upon roll call, the vote was as follows: Hon. Don Fisher

Councilor

Voted

Yes/No

Hon. Dave Morse

Councilor

Voted

Yes/No

Hon. Linda Riehlman

Councilor

Voted

Yes/No

Hon. Al Socha

Councilor

Voted

Yes/No

Hon. James Doring

Supervisor

Voted

Yes/No

The foregoing Resolution was thereupon declared duly adopted. DATED:

February 8, 2016

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CERTIFICATE

STATE OF NEW YORK COUNTY OF CORTLAND

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I, the undersigned Clerk of the Town of Preble, Cortland County, New York, DO HEREBY CERTIFY: That I have compared the foregoing Resolution with the original thereon on file in my Office, and that the same is a true and correct copy of said original and of the whole of said original so far as the same relates to the subject matters therein referred to. I FURTHER CERTIFY that all members of said Board had due notice of said meeting and that, pursuant to Section 103 of the Public Officers Law, said meeting was open to the general public. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Town on February 8, 2016.

JANE DAVENPORT, Town Clerk

(SEAL)

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