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HomeMy WebLinkAbout2025-05-13-TB-FINAL-minutes1 TOWN BOARD MEETING Town of Ulysses May 13, 2025 The meeting was held in person at the Town Hall at 10 Elm St., Trumansburg NY as well as via Zoom videoconference. Notice of Town Board meetings are posted on the Town’s website and Clerk’s board. Video recordings of meetings are available on Youtube at https://www.youtube.com/channel/UCWVIs--g9CpHIxdk9YxZyPw. CALL TO ORDER: Ms. Olson called the meeting to order at 7pm. ATTENDANCE: TOWN OFFICIALS: In person- Supervisor- Katelin Olson Board members- Mary Bouchard, Liz Weatherby, Rich Goldman, Michael Boggs Town Clerk- Carissa Parlato Highway/DPW- Scott Stewart Bookkeeper- Blixy Taetzsch Second Deputy Supervisor- Teressa Naylor WSPPC (Water Source Protection Plan Committee) member & CSAC (Conservation & Sustainability Advisory Committee) chair- Roxanne Marino Via Zoom- Planning Board Chair-Karl Klankowski WSPPC (Water Source Protection Plan Committee) chair & Planning Board member- Linda Liddle OTHERS: In person- Mark Albanese Via Zoom- Anne Koreman (Tompkins County Legislator), Nathan VanWhy (Attorney for the Town) APPROVAL OF AGENDA: Ms. Olson requested to add an Executive Session to the agenda to discuss proposed, pending, or current litigation. Ms. Weatherby moved to approve the agenda as amended. This was seconded by Mr. Boggs and passed unanimously. PRIVILEGE OF THE FLOOR (3 minutes per person): Mark Albanese of 3286 Krums Corners Rd. requested that the town add a street light to the corner of Van Dorn Road and Route 96 for safety purposes. He sited the acute angle to make the turn onto the road, elevation change at entrance, and a pothole as some of the issues. 2 Ms. Olson said that the town can explore this. EXECUTIVE SESSION: Mr. Goldman moved to go into Executive Session at 7:14pm for the purpose of discussing proposed, pending or current litigation. This was seconded by Ms. Bouchard and passed unanimously. Mr. Goldman moved to end Executive Session at 7:55pm. This was seconded by Mr. Boggs and passed unanimously. MUNICIPAL BOARD & STAFF REPORTS: Ms. Koreman shared the following: Highway Superintendent is retiring Energy use report completed- o continuing to work on energy efficiency o awaiting federal tax credits o green fleet- 30% is electrified Sales tax is up Ms. Weatherby shared the following: Comprehensive Plan meeting o Viewed chapter 1 & 2 drafts o Saw survey results (almost 400 responses) o Will review additional chapters this summer and hold a public meeting in Sept Youth Commission o Lucky Lucas is the new youth program coordinator o Rachel Kennedy started a new civics program o Spring track up enrollment has increased Ms. Bouchard said that the ground bee presentation at the library was well attended. OLD BUSINESS: REVISED 284 AGREEMENT Mr. Stewart presented an updated 284 Agreement that adds $100,000 in road projects. He said that the projects are reimbursable by the NYS CHIPs program. Ms. Koreman added that costs for paving have risen about 50%. RESOLUTION #84 OF 2025: AUTHORIZING SPENDING OF HIGHWAY FUNDS/UPDATE TO 284 AGREEMENT WHEREAS, the Town Board must approve expenditures annually for the maintenance of the roads, and WHEREAS by law, the Town Board must approve these expenditures for highway maintenance; Therefore, be it 3 RESOLVED that the Ulysses Town Board approves the attached Agreement for the Expenditure of Highway Moneys as presented by the Ulysses Highway Superintendent on May 13, 2025, which hereby replaces the expenditures approved at the January 9, 2025 Town Board Organizational meeting. Moved: Ms. Olson Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/13/25 MAPLEWOOD CULVERT CONTRACT Ms. Taetzsch said that the town will need short-term financing for the Maplewood Culvert project until we get reimbursed by the state. RESOLUTION #85 OF 2025: AUTHORIZING THE IMPLEMENTATION AND FUNDING OF 10% OF THE COSTS OF A TRANSPORTATION PROJECT, OF WHICH QUALIFIED COSTS MAY BE REIMBURSED FROM BRIDGE NY FUNDS WHEREAS, a project for the MAPLEWOOD DR OVER TRIB TO CAYUGA LAKE CULVERT REHAB, TOWN OF ULYSSES, TOMPKINS COUNTY, BRIDGE NY 2023, P.I.N. 3757.66 (the "Project") is eligible for reimbursement of qualified costs from Bridge NY funding that calls for the post- reimbursement apportionment of the qualified costs to be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds; and WHEREAS, the Town of Ulysses will design, let, and administer all phases of the Project; and WHEREAS, the Town of Ulysses desires to advance the Project by making a commitment of 100% of the costs of Engineering, ROW and Construction work for the Project or portions thereof; NOW, THEREFORE, the Town of Ulysses Board, duly convened, does hereby RESOLVED, that the Town of Ulysses Board hereby approves the Project; and it is hereby further RESOLVED, that the Town of Ulysses Board hereby authorizes the Town of Ulysses to pay 100% of the cost of Engineering, ROW and Construction work for the Project or portions thereof, with the understanding that qualified costs will be reimbursed from Bridge NY funding; and it is further RESOLVED, that the sum of $895,500 is made available to cover the cost of participation in the above phase of the Project; RESOLVED, that the Town of Ulysses Board hereby agrees that the Town of Ulysses shall be responsible for all costs of the Project, including costs which exceed the amount of 4 reimbursement available from the NY Bridge Funding awarded to the Town of Ulysses; and it is further RESOLVED, that in the event the costs of the Project exceed the amount appropriated above, the Town of Ulysses Board shall convene as soon as possible to appropriate said excess amount immediately upon notification; and it is further RESOLVED, that the Town of Ulysses BOARD hereby agrees that Town of Ulysses hereby commits that construction of the Project shall begin no later than twenty-four (24) months after award and the construction phase of the Project shall be completed within thirty (30) months; and it is further RESOLVED, that the Supervisor of the Town of Ulysses be and is hereby authorized to execute al necessary agreements, certifications or reimbursement requests with NYSDOT for State Aid and/or Bridge NY funding on behalf of the Town of Ulysses in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's funding of the Project costs, and it is further RESOLVED, that the Town of Ulysses will be responsible for all maintenance of the Project; and it is further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately. Moved: Ms. Olson Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/13/25 NEW BUSINESS: INTRODUCING A PROPOSED LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED ‘FLOOD DAMAGE PREVENTION’ Ms. Olson noted that since FEMA updated the flood map, the town must now update its local law. RESOLUTION # 86 OF 2025: SCHEDULING A PUBLIC HEARING ON A PROPOSED LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED ‘FLOOD DAMAGE PREVENTION WHEREAS, a local law entitled “A LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED ‘FLOOD DAMAGE PREVENTION’” was introduced at this meeting, and 5 WHEREAS, the Town Board desires to hold a public hearing with respect to the adoption of said Local Law. NOW, THEREFORE, BE IT RESOLVED that a public hearing shall be held by the Town Board of the Town of Ulysses with respect to the adoption of the aforesaid Local Law on May 27, 2025 at 7:00 p.m. at Town Hall, 10 Elm Street, Trumansburg, New York; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to cause public notice of said hearing to be given as provided by law. Moved: Mr. Goldman Seconded: Mr. Boggs Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/13/25 2026 BUDGET PROCESS DISCUSSION Ms. Taetzsch said that since she will be coordinating the budget process this year, she wanted to get feedback as to whether any changes are desired. The group discussed. UPCOMING EVENTS May 26 – Memorial Day, Town Buildings Closed May 27 – Regular Town Board Meeting, 7pm @ Town Hall June 10 – Regular Town Board Meeting, 7pm @ Town Hall June 18 – Staff Annual Training @ Town Hall June 18 – Board and Committee Annual Training, 5-7pm OLD BUSINESS (cont’d.): PARKING LOT AGREEMENT Ms. Olson reiterated that the parking lot encroachment agreement between the town and its neighbor declares that the town owns the asphalt on the neighbor’s property. She reviewed the timeline of discussions with neighbors. Both the Town Supervisor and Attorney for the Town have reached out to neighbor and his attorney to come to an agreement but have not had much communication. RESOLUTION # 87 OF 2025: APPROVING REMOVAL OF TOWN ASPHALT FROM NEIGHBORING PROPERTY Whereas, the Town of Ulysses is the owner of an asphalt parking lot located on a portion of that property located in the Village of Trumansburg commonly known as 38 East Main Street, Trumansburg, New York and identified by tax map number 6.-1-22.2, as set forth in an Encroachment Agreement dated March 24, 2021 by and between the Town of Ulysses and 38 6 E. Main Street., recorded with the Tompkins County Clerk on March 31, 2021 as instrument number 2021-03461; and Whereas, the Encroachment Agreement states that if the Town ever removes or reconstructs the parking lot, it shall ensure that the parking lot is constructed solely on the Town’s property; and Whereas, the Town was advised in 2023/2024 by its insurance carrier that its asphalt parking lot was at the end of its useful life and required replacement or removal; and Whereas, the Town began planning to reconstruct its parking lot in September 2024, and as part of such planning contacted 38 E. Main Street. to discuss impacts and cost-sharing associated with the Town’s reconstruction of its parking lot on 38 E. Main Street property; and Whereas, the Town and 38 E. Main Street were unable to come to an agreement concerning the impacts and cost-sharing associated with said reconstruction; and Whereas, in December 2024 the Town awarded a contract that included within its scope removal of the parking lot located on the property of 38 E. Main Street., to comply with its obligations pursuant to the Encroachment Agreement; and Whereas, 38 E. Main Street representative, Scott Hoffman, has raised objections to said action; and Whereas, the Town has reached out numerous times to negotiate with 38 E. Main Street to resolve said objections; NOW THEREFORE BE IT RESOLVED, that the Attorney for the Town is authorized to make a final notification to Scott Hoffman/Hoffman's attorney of the Town’s intention to remove the asphalt parking lot located on38 E. Main Street property on or after May 15, 2025, unless an offer to purchase said parking lot acceptable to the Town Supervisor is tendered no later than 11:00 a.m. on May 15, 2025; and be it FURTHER RESOLVED, that if the Attorney for the Town notifies the Highway Superintendent that an offer to purchase said asphalt parking lot has not been timely tendered, then the Highway Superintendent is authorized to remove the Town’s parking lot on the property of 38 E. Main Street and to restore and reseed the land to grade level on or after May 15, 2025. Moved: Ms. Olson Seconded: Mr. Goldman Discussion: Ms. Weatherby said that she regrets that the board is in this position but this is where it is left. Ms. Olson said that this is an unfortunate position but an lack of resolution is costing taxpayer dollars and there is no benefit to the public to continue maintaining the property. Olson aye Boggs abstain Bouchard aye Goldman aye Weatherby aye 7 Vote: 4-0 Date Adopted: 5/13/25 PAYMENT OF AUDITED CLAIMS: RESOLUTION # 88 OF 2025: PAYMENT OF AUDITED CLAIMS RESOLVED that the Ulysses Town Board has reviewed and approves payment of claims for vouchers in the A-SW funds ( # 222-271) totaling $74,480.67. Moved: Ms. Olson Seconded: Mr. Goldman Olson aye Boggs aye Bouchard aye Goldman aye Weatherby aye Vote: 5-0 Date Adopted: 5/13/25 PRIVILEGE OF THE FLOOR (3 min limit per person): Ms. Marino said that the solar project may require the town to outlay $75,000 later this year so something to keep in mind for cashflow. ADJOURN: Mr. Goldman made a motion to adjourn at 9:02pm. This was seconded by Ms. Bouchard and passed unanimously. Respectfully submitted by Carissa Parlato, Town Clerk, 5/20/25 8 APPENDIX: Staff Reports Revised 284 Agreement Local Law draft Page 1 of 19 TOWN OF ULYSSES LOCAL LAW NO. ___ FOR THE YEAR 2025 A LOCAL LAW REPEALING AND REPLACING CHAPTER 89 ENTITLED “FLOOD DAMAGE PREVENTION” Be it enacted by the Town Board of the Town of Ulysses as follows: Section 1. Chapter 89 of the Town Code entitled “Flood Damage Prevention” shall be repealed and replaced with the following: Table of Contents § 89-1 LANDS TO WHICH THIS CHAPTER APPLIES § 89-2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD § 89-3 INTERPRETATION AND CONFLICT WITH OTHER LAWS § 89-4 PENALTIES FOR NON-COMPLIANCE § 89-5 WARNING AND DISCLAIMER OF LIABILITY § 89-6 DESIGNATION OF THE LOCAL ADMINISTRATOR § 89-7 THE FLOODPLAIN DEVELOPMENT PERMIT § 89-8 APPLICATION FOR A PERMIT § 89-9 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR § 89-10 CONSTRUCTION STANDARDS § 89-11 VARIANCE PROCEDURE § 89-12 DEFINITIONS § 89-1 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Ulysses, Tompkins County. § 89-2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard for the Town of Ulysses, Community Number 360854 are identified and defined on the following documents prepared by the Federal Emergency Management Agency. A. Flood Insurance Rate Map Panels: 36109C0062D, 36109C0064D, 36109C0066D, 36109C0067D, 36109C0068D, 36109C0069D, 36109C0086D, 36109C0087D, 36109C0088D, 36109C0089D, 36109C0091D, 36109C0093D, 36109C0094D, 36109C0152D, 36109C0156D, 36109C0157D, 36109C0176D, 36109C0177D, 36109C0181D, 36109C0182D whose effective date is June 18, 2025. B. A scientific and engineering report entitled “Flood Insurance Study, Tompkins County, New York, (All Jurisdictions),” dated June 18, 2025. Page 2 of 19 The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at 10 Elm Street, Trumansburg, NY 14886. § 89-3 INTERPRETATION AND CONFLICT WITH OTHER LAWS. These regulations include all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. § 89-4 PENALTIES FOR NON-COMPLIANCE. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, con-verted, or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than l5 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Ulysses from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not com-pliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under Section 6 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. § 89-5 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man -made or natural causes. This chapter does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Ulysses any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made there under. § 89-6 DESIGNATION OF THE LOCAL ADMINISTRATOR. The zoning officer is hereby appointed Local Administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. § 89-7 THE FLOODPLAIN DEVELOPMENT PERMIT. A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development Page 3 of 19 in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 89-2, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. All applications for a floodplain development permit shall be accompanied by application fee set by the Town Board. In addition, the applicant shall be responsible for reimbursing the Town of Ulysses for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. § 89-8 APPLICATION FOR A PERMIT. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. B. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones A1-A30, AE, or AH or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. C. The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 89-10.B.3, UTILITIES. E. A certificate from a licensed professional engineer or architect that any non-residential flood- proofed structure will meet the floodproofing criteria in Section 89-10.B.6, NONRESIDENTIAL STRUCTURES. F. A description of the extent to which any watercourse will be altered or relocated as a result of pro-posed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 89-2, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. G. A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. Page 4 of 19 H. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. § 89-9 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR. Duties of the Local Administrator shall include, but not be limited to the following. A. PERMIT APPLICATION REVIEW. The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: 1. Review all applications for completeness, particularly with the requirements of section 89- 8, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this chapter. 2. Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 89-10, CONSTRUCTION STANDARDS and, in particular, Section 89-10.A.1 51-1 SUBDIVISION PROPOSALS. 3. Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additi onal technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 89-10, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. 4. Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. B. USE OF OTHER FLOOD DATA 1. When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to Section 89-8.G, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. 2. When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this chapter. 3. When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the Page 5 of 19 documents enumerated in Section 89-2, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. C. ALTERATION OF WATERCOURSES 1. Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency. 2. Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. D. CONSTRUCTION STAGE 1. In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). 2. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. INSPECTIONS. The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. STOP WORK ORDERS 1. The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 89-4. 2. The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop work order shall subj ect the violator to the penalties described in Section 89-4. G. CERTIFICATE OF COMPLIANCE Page 6 of 19 1. In areas of special flood hazard, as determined by documents enumerated in Section 89-2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this chapter. 2. A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. 3. Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 89-9.E, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. INFORMATION TO BE RETAINED. The Local Administrator shall retain and make available for inspection, copies of the following: 1. Floodplain development permits and certificates of compliance; 2. Certifications of as-built lowest floor elevations of structures, required pursuant to Sections 89-9.D.1 and 89-9.D.2, and whether or not the structures contain a basement; 3. Floodproofing certificates required pursuant to sub-section 4-4-4(1), and whether or not the structures contain a basement; 4. Variances issued pursuant to Section 89-11, VARIANCE PROCEDURES; and, 5. Notices required under Section 89-9.C, ALTERATION OF WATERCOURSES. § 89-10 CONSTRUCTION STANDARDS. A. GENERAL STANDARDS. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 89-2. 1. SUBDIVISION PROPOSALS. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): a. proposals shall be consistent with the need to minimize flood damage; b. Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, c. Adequate drainage shall be provided to reduce exposure to flood damage. 2. ENCROACHMENTS a. Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated Page 7 of 19 development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Ulysses agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Ulysses for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Ulysses for all costs related to the final map revision. b. On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 89-2, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Ulysses agrees to apply to the Federal Emergency Management Agen-cy (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Ulysses for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Ulysses for all costs related to the final map revisions. c. In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town of Ulysses shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. B. STANDARDS FOR ALL STRUCTURES. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 89-2. 1. ANCHORING. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 2. CONSTRUCTION MATERIALS AND METHODS. a. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. b. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. c. For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE, AO or A, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building Page 8 of 19 access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii)openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices pro- vided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. 3. UTILITIES a. New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; b. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; c. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, d. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. STORAGE TANKS a. Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. b. Above-ground tanks shall be: (i) anchored to prevent floatation, collapse or lateral movement during conditions of the base flood or; Page 9 of 19 (ii) installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 89-2 plus two feet. 5. RESIDENTIAL STRUCTURES a. ELEVATION. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Sections 89-10.A.1, SUBDIVISION PROPOSALS, and 89- 10.A.2, ENCROACHMENTS, and Section 89-10.B, STANDARDS FOR ALL STRUCTURES. (i) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (ii) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: (a) Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard or: (b) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (iii)Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3-2 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (iv) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 6. NON-RESIDENTIAL STRUCTURES. The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in Sections 89-10.A.1, SUBDIVISION PROPOSALS, and 89-10.A.2, ENCROACHMENTS, and Section 89-10.B, STANDARDS FOR ALL STRUCTURES. a. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non- residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Page 10 of 19 b. Within Zone AO, new construction and substantial improvements of non- residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Section 89-10.B.6.a.ii. c. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 89-10.B.6.a.ii, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. d. Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. e. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 7. MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The following standards in addition to the standards in Section 89-10.A, GENERAL STANDARDS, and Section 89-10.B, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. a. Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii)meet the requirements for manufactured homes in Sections 89-10.B.7.b through 89-10.B.7.d. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. b. A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. c. Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3-2 plus two feet (at least three feet if no depth number is specified). Page 11 of 19 d. The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with Section 89-10.B.1, ANCHORING. 8. ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the FIRM per Section 89-2. a. The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. b. The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: (i) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a one-story, two-car garage. c. Accessory structures must meet the standards of Section 89-10.B.1, ANCHORING, d. The portions of the accessory structure located below BFE plus two feet of freeboard must be con-structed with flood-resistant materials. e. Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. f. Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. g. The accessory structure must comply with the floodway encroachment provisions of the NFIP. h. The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). § 89-11 VARIANCE PROCEDURE. A. APPEALS BOARD 1. The Board of Zoning Appeals (BZA) shall hear and decide appeals and requests for variances from the requirements of this chapter. 2. The BZA shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this chapter. 3. Those aggrieved by the decision of the BZA may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. 4. In passing upon such applications, the BZA shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: Page 12 of 19 a. the danger that materials may be swept onto other lands to the injury of others; b. the danger to life and property due to flooding or erosion damage; c. the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. the importance of the services provided by the proposed facility to the community; e. the necessity to the facility of a waterfront location, where applicable; f. the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. the compatibility of the proposed use with existing and anticipated development; h. the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; i. the safety of access to the property in times of flood for ordinary and emergency vehicles; j. the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; k. the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and l. the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. 5. Upon consideration of the factors of Section 89-11.A.4 and the purposes of this chapter, the BZA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 6. The Local Administrator shall maintain the records of all appeal actions including technical in-formation and report any variances to the Federal Emergency Management Agency upon request. B. CONDITIONS FOR VARIANCES 1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Section 89- 11.A.4 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. 2. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: a. the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and b. the variance is the minimum necessary to preserve the historic character and design of the structure. Page 13 of 19 3. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: a. the criteria of Section 89-11.B.1 and 89-11.B.4 through 89-11.B.6 are met; and b. the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. 4. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 5. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 6. Variances shall only be issued upon receiving written justification of: a. a showing of good and sufficient cause; b. a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances 7. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: a. the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b. such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 89-9.H. § 89-12 DEFINITIONS. The following definitions pertain to this chapter, as amended, and unless expressly provided otherwise, to all other provisions of this title that are governed by this chapter. A. “Accessory Structure” is a non-habitable structure, representing a minimal investment of not more than 10 percent of the value of the primary structure. B. “Alteration of watercourse” means any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body. C. “Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance. D. “Area of shallow flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s flood insurance rate map (FIRM) with a one percent or greater annual chance Page 14 of 19 of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area. E. “Area of special flood hazard” means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or l00-year floodplain. “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”. F. “ASCE 24” means the most recently published version of ASCE 24, Flood Resistant Design and Construction, published by the American Society of Civil Engineers. G. “Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the “one-hundred-year flood”). H. “Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the base flood. I. “Basement” means any area of the building having its floor subgrade (below ground level) on all sides. J. Building. See “Structure.” K. “Building code” means the currently effective versions of the Uniform Code and the Energy Code adopted by the State of New York Building Code Council. L. “Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. M. “Cellar” has the same meaning as “Basement.” N. “Crawl Space” means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydro-static forces which would be experienced during periods of flooding. O. “Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, wastewater treatment facilities, and installations which produce, use, or store hazardous materials or hazardous waste. P. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Q. “Elevation certificate” means an administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F). R. “Elevated building” means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal Page 15 of 19 structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. S. “Essential facility” means the same as “essential facility” defined in ASCE 24. Table 1 -1 in ASCE 24-14 further identifies building occupancies that are essential facilities. T. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the community. U. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). V. “Farmhouse” means a single-family dwelling located on a farm site where resulting agricultural products are not produced for the primary consumption or use by the occupants and the farm owner. W. “Federal Emergency Management Agency” means the Federal agency that administers the National Flood Insurance Program. X. “Flood” or “flooding” means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1)(a) of this definition. Y. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. Page 16 of 19 Z. “Flood elevation study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a flood insurance study (FIS). AA. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. BB. “Flood insurance rate map (FIRM)” means the official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). CC. “Flood Insurance Study” see “flood elevation study.” DD. “Floodplain” or “flood-prone area” means any land area susceptible to being inundated by water from any source. See “Flood” or “flooding.” EE. “Floodplain administrator” means the community official designated by title to administer and enforce the floodplain management regulations. FF. “Floodplain management regulations” means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. GG. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and design to be impervious to floodwater below the base flood elevation. HH. “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as “regulatory floodway.” II. “Functionally dependent use” means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage, manufacturing, sales, or service facilities. JJ. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. KK. “Historic structure” means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; Page 17 of 19 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. by an approved state program as determined by the Secretary of the Interior or b. directly by the Secretary of the Interior in states without approved programs. LL. “Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter (i.e., provided there are adequate flood ventilation openings). MM. “Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle. NN. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. OO. “Mean sea level” means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. PP. “Mobile home” has the same meaning as “Manufactured home.” QQ. “New construction” means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial flood insurance rate map or after March 11, 1987, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. RR. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations adopted by the community. SS. One-Hundred-Year Flood or 100-Year Flood. See “Base flood.” TT. “Principally above ground” means that at least 5l percent of the actual cash value of the structure, excluding land value, is above ground. UU. “Reasonably safe from flooding” means development that is designed and built to be safe from flooding based on consideration of current flood elevation studies, historical data, high water marks and other reliable data known to the community. In unnumbered A zones where flood elevation information is not available and cannot be obtained by practicable means, “reasonably safe from flooding” means that the lowest floor is at least two feet above the highest adjacent grade. Page 18 of 19 VV. “Recreational vehicle” means a vehicle: 1. Built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. WW. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in CTU 89.100.B.2. XX. “Start of construction” includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. YY. “Structure” means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally aboveground, as well as a manufactured home. ZZ. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. AAA. “Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or 2. Any alteration of a historic structure; provided; that the alteration will not preclude the structure’s continued designation as a historic structure. BBB. “Variance” means a grant of relief by a community from the terms of a floodplain management regulation. Page 19 of 19 CCC. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. DDD. “Water surface elevation” means the height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. EEE. “Water dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Section 2. Remainder Except as hereinabove amended, the remainder of the Code of the Town of Ulysses shall remain in full force and effect. Section 3. Severability The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor:Telephone: E-Mail: Address: City/PO: State: Zip Code: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2. Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: NO YES 3. a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres Check all land uses that occur on,adjoining near the proposed actio Rural (non-agriculture)ndustrial Commercial Residential (suburban) Agriculture SEAF 2019 Page 2 of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES a. Will the proposed action result in a substantial increase in traffic above present levels? Are public transportation services available at or near the site of the proposed action? Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable : _________________________________________ _____________________________________________________________________________________________ NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES NO YES . Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES Page 3 of 3 Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the lood plan?NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size ____________________________________________________________________________________________ _ NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES 20.Has the site of the proposed action or an adjoining property been subject of remediation (ongoing completed)for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________Applicant/sponsor name:________________________________________________ Signature: _____________________________________________________ ____________________________________________ SUBJECT: Amendments to the Code of the Town of Ulysses, SEAF Part 1 Narrative PROJECT NUMBER: CA2505-01 PROJECT LOCATION: Town-wide The intent of the proposed action is to amend portions of the Code of the Town of Ulysses, including repealing and replacing Chapter 89 Flood Damage Prevention in its entirety. This action is required under Federal law for the Town to continue to be eligible in the National Flood Insurance Program due to the Federal Emergency Management Agency’s updated Flood Insurance Study and Flood Insurance Rate Maps for the Town. Amendments to the Code of the Town of Ulysses, SEAF Part 1 Location Map Page 1 of 1 SUBJECT: Amendments to the Code of the Town of Ulysses, SEAF Part 1 Location Map PROJECT NUMBER: CA2505-01 PROJECT LOCATION: Town-wide Town of Ulysses, Official Map 2019 Trumansburg/Ulysses Youth Programs Report: April 2025 • General Updates on Programming: Lucky Lucas, Middle School Program Coordinator, started work April 23. • Total Youth Served for the First Time in 2025 this Month (NEW): ___7_____ • Total Youth Served (All Youth) this Month: ____23___ Afterschool programs: Number of youth served: Female: __6____ Male: __2__ Other: ______ Program Location: Middle School Kitchen Program Timeframe (Tues. 2:45 -5:00pm): Program Dates this Month: 4/22, 4/29 Program description/bene�it to youth: Instructed by local teacher, community food security advocate and “home chef” Sarah Brainard. The class included preparation of a meal (tacos with homemade tortillas and homemade pasta) each week with a vegetarian and gluten free option. Sarah prioritized choice and skill building- kids got to try new foods, decide what to cook, practice new kitchen skills and grow con�idence in the kitchen. They sat together around a table enjoying a meal that they made together and cleaned up together afterward. Civics Program: Number of youth served: Female: ___11___ Male: ___3___ Other: __1____ Program Location: Trumansburg High School and Ulysses Town Of�ice Program Timeframe (e.g., day/times): 3-5pm or 6-8pm Mondays Program Dates this Month: 4/7, 4/21 Community partners/co-facilitators: Marie Benner Rhoades (On Earth Peace- co-facilitator) Program description/bene�it to youth: The goal of this program is to support opportunities for teens to engage with their community in meaningful ways, and to develop leadership skills and capacity to effect change. Kingian Nonviolence is the lens through which to approach the program/projects. Emphasis on communication, agency, and youth decision making. The two current projects are youth initiated and led: Crosswalk project (youth are advocating for a crosswalk between Falls Restaurant and the Ice Cream Bar). This month they designed and shared a survey with peers- collected 200 responses from 8th-12th graders. Dignity Project (youth are investigating how people experience dignity and belonging in the Tburg Area and how dignity can be supported in the context of community care.) This month they discussed/ analyzed ways that dignity is supported and threatened, and visited local food pantry to learn how that service works and observe the process. Youth Employment: General updates on youth employment: 38 applicants, started interviews Tuesday April 29 to �ill 12 positions. New worksite for 2025- Viva Acres Farm owned/operated by Juliana Quaresma. Career Fair Number of youth served: Approximately 50 Program Location: Trumansburg High School Library Program Date: April 10 Small Career Fair during lunch/advisory hour at Trumansburg High School. Including information/conversation opportunities for students with NYS Parks, Cornell Trades, Tburg Police, Painter’s Union, Teamster’s Union, Tompkins Workforce Development, Learning Web, Tburg Library. (Tburg Ambulance, Ithaca Area Economic Dev., IBEW, Cayuga Health invited, weren’t able to make it.) Town of Ulysses Clerk’s Office MONTHLY REPORT for April 2025 Submitted by Carissa Parlato LICENSES/PERMITS issued: # Sporting licenses 8 Disabled parking permits 6 Dog licenses and renewals 49 Marriage licenses 0 Notarizations 5 FOIL requests-received 1 FOIL requests-completed 1 CLERK’s OFFICE TASKS: General/routine tasks: • mail, answered inquiries on various topics, attended town board meetings and took minutes, made website updates, notary services, licensing (marriage, dog, sporting), disabled parking permits, collected building & zoning fees, participated in weekly Supervisor/Clerks office meetings, managed building use/equipment sign out, responded to FOIL requests, ordered supplies, posted meetings & videos • Facilities: o Provide information & participate in meetings regarding NYSERDA/solar viability • Taxes: o Completed collection of $5.6 million o Reconciled with Tompkins County • Water: o Worked on reconciling with bookkeeper • Social media & website o Continued to share town updates on FB o Sent weekly e-newsletters • Habitat Nature Preserve: o Kick off meeting with DPW on repair of bridges/walkways • IT: o Checked spam filter weekly • Safety Committee o Next meeting in May • Attended NYS Town Clerk conference in Syracuse for 1 day. Clerk and/or Deputy participated in the following: o Cybersecurity updates o Electronic records management o DECALS updates o Workplace Violence training o Payment fraud & risk mgmt. o Audit findings FINANCIAL REPORT: $8177.57 TOTAL fees collected $7860.13 stays in the town $317.44 goes to the state Planning & Zoning April 2025 Report to Town Board Town Board Meeting Date, 05.13.2025 Submitted by Niels Tygesen, 05.01.2025 Planning Board The Planning Board held a meeting on April 1 to discuss the following items: • The Board continued discussion of a rezone request for property located at 2012 Trumansburg Road by a request from the Town Board to review the proposal and provide a recommendation, and passed Resolution 2025-007 recommending approval with modifications. • The Board continued discussion related to comments on the FEAF for a proposed land donation which the Town Board is acting as Lead Agency in a coordinated environmental review, and issued a memo to the Town Board with their comments. • Draft minutes link; recorded meeting video link. Comp Plan Steering Committee The Committee held a meeting on April 2 to discuss the following items: • Joint meeting with Town Board members to review vision statements for the Comp Plan. • Results of Focus Group 4 Land Use and Rural Issues. • Results of the First Public Open House. • Survey Update and Project Review. • Draft minutes link; recorded meeting video link. Board of Zoning Appeals The BZA held a meeting on April 16 to discuss the following item: • Area variance request related to construction of a new detached dwelling unit and impacts to wetlands, stream, and their associated buffers. • Draft minutes link; recorded meeting video link. Planning Projects • 2025-45 Comp Plan Update o 2025 1Q report tracking for CSC grant. o Coordination and ongoing work with Consultant . Zoning Enforcement • Ongoing research on code enforcement cases. Miscellaneous • NYS DEC regulatory amendments to State jurisdictional wetlands . • FEMA FIRM updates and Flood Damage Prevention Law update review. • Building, Planning, and Zoning permit reviews. • Customer support pertaining zoning information and permitting process. • Continued outreach for members for boards and committees. • Updates to webpages and applications. • Continued training with Office Project Assistant. 2025-4 Recreation Monthly Report May 8, 2025 Created by: Will Glennon, Recreation Director Adult Recreation Programming ● Pickleball program participation numbers are much lower than normal for the afternoon program. There was a time change (two hours earlier) and may be impacting the regular enrollment numbers. The time change is due to the gym being occupied by another program at the prior time. ● All other adult recreation program participation numbers are in line with previous enrollments. Current youth programming ● Spring youth sports programs have started. ● Total spring registration numbers are currently: 204 ● Summer camp update ○ Camp staff recruitment is currently ongoing. ○ Twelve staff have committed to returning (20 total staff in 2024) ○ Currently eight new applicants. ○ Permit application has been submitted ○ CPR/AED training and summer camp training dates are being scheduled. ○ Camp opens on June 30th. ● Spring program updates ○ Spring track has a record number of participants this spring (106! In 2025 vs. 99 in 2024) ○ Spring coach pitch baseball did not field enough players for the program to be viable. A new little league program has started in the community and is a great competitive option for kids ages 10+. ○ The hybrid pitch program is half the size as in years past due to the little league program (13 in 2025 vs. 26 in 2024) ○ Coach pitch numbers are similar to years past (27 in 2025 vs. 25 in 2024) ○ T-Ball numbers are the same as in years past (32 in 2025 vs. 34 in 2024 ○ The tennis program numbers are higher than in years past (26 in 2025 vs. 16 in 2024) General administration ● Mid-term grant funding report is due March 31st for the 2-year UWTC grant cycle. ● Total of seven volunteer coaches have been recruited for t-ball, coach pitch, and hybrid pitch programs. ● Target date of May 31st for hiring all camp staff. Town of Ulysses May 2025 Bookkeeper Board Report May 13, 2025, Town Board Meeting Prepared by Blixy Taetzsch, 5/5/2025 1 Greetings Board Members: I have finalized the April 2025 financial statements, which accompany this report for your review. The following are highlights from the April 2025 financial statements, along with a brief summary of my activities for April. Balance Sheet As detailed in the Supervisor’s Report, total cash balances as of 4/30/2025 were $570,629.78, a decrease of $891,064.11 from the end of March. A few notable items to comment on for this month: • We have now invested $900,000 in NYCLASS – which accounts for the significant decrease in cash balances month over month. Factoring out the move to investments, cash balances decreased by $8,935.89 from normal operational activity. • Sales Tax and EMS payments are coming on a timely basis, having received payments through March as of the end of April. • We received the first of our two Mortgage Tax payments in the amount of $39,444.85. • Normal cash outlays occurred for operating expenses, with annual payments that occur at the beginning of the year, such as fire and ambulance and community organizations. In addition to cash balances, the Town had investments valued at a total of $3,710,431.29 as of April 30, 2025. Of the total investments, $2,809,609.39 were held at Tompkins Financial and $900,821.90 were invested in NYCLASS. As securities mature in the Tompkins Financial portfolio, proceeds will be reinvested in NYCLASS, net of any cash needed to cover expenditures. As of March 31, $28,920.39 was recorded in interest and earnings across funds, representing the first quarter 2025 realized and unrealized earnings on investments. Other than cash, investments, and interfund transactions (due to/due from other funds), there are no significant assets and liabilities in the Town’s operational financial statements. Income Statement Revenues through April 2025 are as expected. You will primarily see tax revenue, with some revenue coming from the County and the Village for snow and ice and emergency services, respectively. Of note, Sales Tax, EMS, and Mortgage Tax revenue are coming in ahead of budget through the first quarter of the year. Sales tax is slightly ahead of budget, with 25.7% of the budget earned and EMS fees are well ahead of budget with 40% earned at the end of the first quarter. The first of our two Mortgage Tax payments were received, and the budget is almost fully earned for the year. So, the amount of our second payment (to be received in the fall) will be in excess of the annual budget. Expenditures through April 2025 are also as expected, with some spending being front loaded (such as payments for Fire and Ambulance services, community organizations, and some insurance costs). No large or unexpected spending occurred in April. Town of Ulysses May 2025 Bookkeeper Board Report May 13, 2025, Town Board Meeting Prepared by Blixy Taetzsch, 5/5/2025 2 Bookkeeper/Budget Officer Activities With the audit and closeout complete for 2024, it is time to turn my attention to preparing for the 2026 budget process and data analytics. Below are some highlights of April activities: • Audit: The audit has been finalized, and I have included a copy of the reports with this board report. The auditors will be attending the first meeting in June to review the reports with the Board. • 2026 Budget: I have started thinking about the budget process for 2026 and sought some preliminary feedback from the Finance Committee. It was suggested that I take the discussion to the full Board, which I am scheduled to do at the 5/13/25 meeting. In the meantime, I am preparing data analytics to inform the budget process. • Personnel: I continue to support employees and retirees with benefit administration, employment, and civil services functions. Not a significant amount of hiring has happened in the first quarter of the year, but positions for summer camp have been posted, and I expect May and June to be very busy with youth employment activity. • Finance Committee: The Finance Committee met on April 17th and meeting notes have been posted on the SharePoint portal. I have also included them with this report. • Investments: We have enrolled in NYCLASS, as approved by the Board at their last meeting, and I have made our initial investment. Highway Report Started working M-Thursday 6am-4:30pm Repairs: T23 - Cleaned Brakes, Greased T22 – Cleaned Brakes, Greased, Inspection T3 – Inspection Loader fuel leak (under Warranty) Zero Turn oil and filter change Roads: Ditch parts of Wilkins Rd, Colegrove Rd, Lyke Rd and Mekeel Rd New Catch Basin on Manse Rd Misc: Tree Cleanup on J-ville Cemetery, J-ville property, Glenwood Rd, Willow Point Rd and Agard Rd Mowed town properties and Camp Barton Haul Crusher Run for the Village Bridge for Salo Drive Habitat