HomeMy WebLinkAbout2010-07-12 Danby Town Board
Minutes of Public Hearing and Meeting
July 12, 2010
Present:
Supervisor: Ric Dietrich
Councilpersons: Leslie Connors,Dan Klein,Kathy Halton
Excused:
Dylan Race
Others Present:
Town Clerk Pamela Goddard
Code Enforcement Susan Beeners
Bookkeeper Laura Shawley
Water Comm. Carl Seamon
County Leg. Frank Proto
Members of the Public:
Joel Gagnon,Ronda Roaring,Ted Crane, Gene Beavers,
Ames Brown,Henry Peterson, Greg Nelson.
Town Law Public Hearing
A Public Hearing on proposed Local Law#4,Excavation and Construction in Municipal Roadways
and Highway Rights-of-Way was opened at 7pm. The published notice was read by the Town Clerk.No
written communication was received prior to the hearing. Joel Gagnon asked a question about the impact
of this law on mail boxes and related residential uses.The Law makes provisions for these uses. There
was also clarification of Town road rights-of-way by Sue Beeners.
Kathy Halton advised those present that amendments with slight alterations will be presented at the
August Town Board meeting. These amendments will connect this law with future road preservation laws
currently being drafted by Delta Engineering. Permits and fee structures will be presented at a future
public hearing.
Hearing no further comments,the Public Hearing was closed at 7:02pm
Call to Order
Supervisor Dietrich asked Deputy Supervisor Klein to chair the meeting.
Klein led the pledge and called the meeting to order at 7:03pm.
Resolution No. 86 of 2010-APPROVAL OF MINUTES
Resolved,That the Town Board of the Town of Danby approves the minutes of Town Board meeting on 6/7/2010.
Moved by Dietrich, Second by Halton. The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Resolution No. 87 of 2010-APPROVAL OF MINUTES
Resolved,That the Town Board of the Town of Danby approves the minutes of Town Board meeting on 6/14/2010,
as amended with the addition of the word "lighting"in the last paragraph of the section on the West Danby Chapel.
Moved by Dietrich, Second by Halton. The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Page 1 of 21
Privilege of the Floor:
No Shooting in Quarry: Ronda Roaring informed the Board of the improper removal of a"No
Target Shooting" sign which had been posted at the Quarry on Travor Road. She found a mess and
evidence of campfires. Roaring contacted the DEC on this matter.
Flags in the Danby Hamlet: Ted Crane voiced his appreciation of the colorful flags on display
during the weeks prior to Danby Fun Day and suggested that these or other decorative flags be left on
display year 'round, as part of Danby beautification and as a way to mark the Danby Hamlet as a place of
interest. Joel Gagnon noted that flag etiquette for American Flags requires that these flags be illuminated
at night.
In a related topic,Ames commended the success of Danby Fun Day but expressed concerns about the
poorly attended Community Park event on the same day. He suggested that the yard sale event be
repeated with larger signs and made suggestions for grant funding for trails and events the Community
Park. The Park might be an attractive place for Ithaca College students and others to volunteer their
services.
Road Excavation and Construction Law:
Resolution No. 88 of 2010—SEQRA DETERMINATION -PROPOSED LOCAL LAW NO. 4 OF
2010 RELATED TO EXCAVATION AND CONSTRUCTION IN MUNICIPAL ROADWAYS AND
HIGHWAY RIGHTS-OF-WAY
WHEREAS,the Town Board of the Town of Danby is considering adoption of proposed Town of Danby Local Law
Number 4 of 2010 related to Excavation and Construction in Municipal Roadways and Highway Rights-of-Way; and
WHEREAS,the Town Board has classified the adoption the above law as a Type I action under 6NYCRR Part 617 of
the implementing regulations for the New York State Environmental Quality Review Act(Environmental Conservation
Law Article 8);and
WHEREAS,the Town Board has determined that it should be Lead Agency in environmental review of this action;
and has sent a Notice of Intent to act as Lead Agency to the potentially interested or involved agencies identified for
this action, being the Tompkins County Department of Planning,the Tompkins County Highway Division, and the New
York State Department of Transportation; and
WHEREAS,the Town Board has reviewed the Long Environmental Assessment Form Parts 1, 2, and 2-a for this
action, and the recommendation of the Town's Code Enforcement Officer that a negative determination of
environmental significance be made for this action;
NOW,THEREFORE, IT IS
RESOLVED,that the Town Board of the Town of Danby, declares that the Town Board is Lead Agency in
environmental review of this Type I action; and it is
FURTHER RESOLVED,that the Town Board finds that this action will have a beneficial impact on the environment by
providing local regulation of Construction, Excavation, and other work in, upon, or under any roadway or highway
right of way which is under the jurisdiction of the Town of Danby,and of the construction, repairing, installing, or
building any appurtenant structure in such locations; and it is
FURTHER RESOLVED,that the Town Board makes a negative determination of environmental significance for this
action; and it is
FURTHER RESOLVED,that the Town Supervisor is hereby authorized and directed to complete and sign, as
required,the determination of significance, confirming the foregoing negative determination,which fully completed
and signed Long Environmental Assessment Form and determination of significance shall be incorporated by
reference in this Resolution; and it is
FURTHER RESOLVED,that the Town Clerk deliver and/or file a copy of this Resolution with the following persons
and agencies:
1. The Town Supervisor of the Town of Danby.
2. The Town Highway Superintendent of the Town of Danby.
3. The Tompkins County Department of Planning,the Tompkins County Highway Division, and the New York
State Department of Transportation; and it is
FURTHER RESOLVED,that this Resolution be posted and published in accord with law, including delivery of a copy
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of this Resolution to the Environmental Notice Bulletin in accord with 6NYCRR 617.12 upon the forms as required by
the New York State Dept. of Environmental Conservation.
Moved by Halton, Second by Connors. The motion passed.
In Favor: Connors, Halton Klein, Dietrich
Resolution No. 89 of 2010—ADOPT PROPOSED LOCAL LAW NO.4 OF 2010 RELATED TO
EXCAVATION AND CONSTRUCTION IN MUNICIPAL ROADWAYS AND HIGHWAY
RIGHTS-OF-WAY
WHEREAS,the Town Board of the Town of Danby is considering adoption of proposed Town of Danby Local Law
Number 4 of 2010 related to Excavation and Construction in Municipal Roadways and Highway Rights-of-Way; and
WHEREAS,the Town Board on July 12, 2010, acting as Lead Agency in environmental review of this Type I action,
has made a negative determination of environmental significance; and
WHEREAS,the Town Board on July 12, 2010 has held Public Hearing on this proposed local laws,which Public
Hearing was duly noticed in the Ithaca Journal;
NOW,THEREFORE, IT IS
RESOLVED,that the Town Board of the Town of Danby hereby adopts Town of Danby Local Law Number 4 of 2010
related to Excavation and Construction in Municipal Roadways and Highway Rights-of-Way;which Local Law is
incorporated into this Resolution; and it is
FURTHER RESOLVED,that in accord with Section 21 of the Municipal Home Rule Law,the final adopted copy of
these Local Laws shall be presented to the Town Supervisor for approval; and it is
FURTHER RESOLVED,that upon such approval by the Supervisor(or other approval occurring pursuant to said
Section 21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law,the Town
Clerk shall file a certified copy of this Local Law, together with the required Certifications, in the Office of the Town
Clerk and with the New York State Secretary of State as required by Municipal Home Rule Law Section 27.
Moved by Dietrich, Second by Halton. The motion passed.
In Favor: Connors,Halton, Klein, Dietrich
The text of Local Law#4 of 2010 is reproduced in Appendix A of these minutes.
King Road Finger Lakes Trail Acquisition:
In response to a letter of notification regarding a proposed addition to the Finger Lakes Trail near
West King Road, two neighbors and the Cayuga Trails Club gave strong support for the NYS Office of
Parks,Recreation and Historic Preservation's proposed acquisition of 2.55 acres in the Lick Brook
corridor as a permanent location for a section of the Finger Lakes Trail and a buffer between the trail and
future residential development.No negative comments were received.
Resolution No. 90 of 2010—AUTHORIZING A LETTER OF SUPPORT
RESOLVED,That the Town of Danby authorizes the Town Supervisor to send a letter of support in favor of the NYS
OPRHP acquiring 2.55 acres of land as an addition to the Finger Lakes Trail.
Moved by Klein, Second by Dietrich. The motion passed.
In Favor: Connors, Halton, Klein, Dietrich
Page 3 of 21
County Resolution Clarifying Municipal Authority to Protect Roads:
Kathy Halton lead a discussion about the value of this resolution.At a recent county Gas Drilling
Task Force meeting,Jonathan Wood expressed concern that there was ambiguity in the rights of local
municipalities to pass laws,permits, and fees to protect their roads. Halton and others expressed the
opinion that there is no ambiguity. The exact wording of the County resolution urging the state to clarify
the Environmental Conservation Law to expressly authorize municipalities to protect their roads from
industrial damages was not available at this meeting. Halton and Proto suggested that the Town pass a
resolution of support. Letters of support should be sent to Seward and Lifton.
Resolution No. 91 of 2010–SUPPORT FOR COUNTY ROAD PROTECTION RESOLUTION
RESOLVED,That the Town of Danby supports the Tompkins County resolution that encourages the State of New
York to recognize that local municipalities have the land use authority to protect their roads by passing laws, including
a permitting and fee process.
Moved by Halton, Second by Klein. The motion passed.
In Favor: Connors,Halton,Klein, Dietrich
Highway Superintendent and Town Clerk changes:
Klein led a lengthy discussion about proposed changes for Highway Superintendent and Town Clerk
to be appointed rather than elected positions. He explained modifications to the proposed local law.
Regarding potential dismissal of an appointed Highway Superintendent or Town Clerk,Klein
reported that the Town Attorney advised that,while not civil service positions,these roles are clearly
defined in state law and the same conditions would apply for removal. Civil service law would apply to
them when it comes to dismissal.
Councilperson Halton noted that, even though these proposed changes would go to referendum,there
has been some negative reactions to the process from some Town citizens. The Board recognizes the
concern that this is an effort to take power and input in town government away from the people.These are
complicated positions, each requiring a broad set of skills. The Board expressed that its intent is to be able
to fill these positions with the most qualified candidates.
There was a short discussion of procedure and a SEQRA resolution from Sue Beeners. This would
classify the action as a"type two action"—which requires no environmental review—with the Town
Board as lead agency.
Carl Seamon gave his opinion that a January starting date(as is current practice for a newly elected
Highway Superintendent)is suitable. He further stated that, after consulting with other Highway
Superintendents,he had reservations about the change from elected to appointed position. He was
concerned that this would take away some rights and responsibilities of the position and that the Town
Board would run the Highway Department.
The Town Supervisor responded that fiscal decisions related to work done through the Highway
Department are already the TB responsibility. The Supervisor added his concern—that there are no
qualifications for running for election beyond age(18) and Danby residence—and that this has created
problems in the past.He contended that the application process for an appointed position would provide
for a more considered choice. Salaries and materials for Highway are the largest part of the Town budget.
Supervisor Dietrich expressed his desire to have the best-qualified person oversee this department.
Members of the public expressed concern that there could be a perception that the Board didn't trust
Danby citizens to make a good choice for elected Superintendent. In one opinion,the position is more
administrative than technical and it isn't clear that the Town Board is more qualified to make this choice
than the electorate.While there is some faith in the current Town Board,the next Board may not be as
competent or honorable.An opinion was given that this would take away from the rights of the people
and that a decision might be made along party lines.A selection committee,made up of town residents,
might address some of these concerns.
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There was more support among those present and the Town Board for moving the change related to
Highway Superintendent than for a change to the Town Clerk position.
Supervisor Dietrich expressed his intent to put this question to the public in order to have a dialogue
with residents in a non-election year,to remove some of the perception of politics from the decision.
Seamon, expects to retire at the end of his term, agreed that it was fine to put the question to the Town.
The Board agreed to put question of Highway Superintendent to the public,but to hold off on the question
of the Town Clerk. There is a time constraint on the process.A Public Hearing on the question needs to be
60 days before a referendum.
The text of this proposed law is reproduced in Appendix B of these minutes.
Resolution No. 92 of 2010–SETTING A PUBLIC HEARING
RESOLVED,That the Town Board of the Town of Danby sets a Public Hearing on a Proposed Local Law, providing
for the abolition of the elective office of Town Highway Superintendent and the creation of the appointive office of the
Town Highway Superintendent of the Town of Danby,on Monday August 9 at 6:30pm in the Danby Town Hall, 1830
Danby Road.
Moved by Klein, Second by Dietrich. The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Tasking the Planning Board:
A lengthy discussion was held about topics for study/consideration by the Planning Board. Earlier in
the year,the Planning Board had requested direction. The Board discussed categories—Zoning,Energy,
Housing, and Hamlet Plan study—generated by work meetings in February and March. Halton perceived
these all contributing to a larger, long-term sustainability perspective, looking out 10-20 years. She also
suggested that the Planning Board research housing improvement grants. Supervisor Dietrich felt strongly
that housing rehabilitation is very important. He also thought that a tasking directive should be very
focused and that it was time to update zoning in regards the Comprehensive Plan. Klein also thought that
the tasking should be specific, and suggested wind tower legislation and a"build out scenario"based on
what Danby would look like if housing was built to the extent of current zoning.
Connors thought that zoning is a prime concern,based on recent questions which have come up.
These include questions of home occupation and planned development zones. She also wished to give the
Planning Board something to finish, and so proposed that the Board task the Planning Board with
revisiting the Hamlet Plan. Klein expressed reservations about the level of his support for the Hamlet
Plan. In response to this concern,various scenarios were offered for sustainable development and use in
the Danby Hamlets which might be quite different from that presented in the current situation in the
Danby Hamlet.
Resolution No. 93 of 2010–TASKING THE PLANNING BOARD
Resolved,That the Town Board of the Town of Danby tasks the Planning Board with revisiting land use/zoning
issues, including housing rehabilitation and sustainable energy use, in the context of the Hamlet Plan and the
Comprehensive Plan.
Moved by Connors, Second by Dietrich. The motion passed.
In Favor: Connors,Halton,Dietrich
Opposed: Klein
Changing September Town Board meeting dates:
The Board had a short discussion about moving the dates of its September meetings, due to the Labor
Day weekend. In addition, it proposes to hold its September 20 meeting at the West Danby Fire Hall,
pending approval from the Fire District.Notice of these change will be posted on the Town web site. Dan
Klein made a motion
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That the Town Board of the Town of Danby will change the dates of its September meetings dates to September 13
and 20.
The motion passed by acclamation.
County Legislator Report:
Frank Proto gave updates on activities in County Planning with"focus areas"including the Town of
Danby.West Danby is on the map as a potential development area because it has public water. The
County Legislature passed a resolution asking the State to authorize local action on PACE Energy
program, supporting energy efficient housing improvements. The late State budget continues to impact
the County and local municipalities. Proto particularly mentioned massive cuts to health and human
services.
Proto also advised the board about a presentation to be made about potential community and social
services impacts of increased gas drilling and industrial activity. In addition,the county has received a
$50,000 grant from the Park Foundation to fund the hire of a planner to work with municipalities to
reduce the negative impacts of natural gas drilling.This will be a one year position working with the
Tompkins County Council of Governments.
Alternative Fuel Proposal:
A letter from Henry Peterson was read,regarding appropriate scale alcohol production as an
alternative fuel for Danby residents. Peterson proposes that alcohol fuel be used for local heating and
transportation purposes,particularly in the fleet of Highway vehicles. There is interest at White Hawk
Ecovillage in growing crops suitable for alcohol fuel production.An alcohol pumping station at or near
the Danby Market site could be a potential convenient sale and distribution location. Greenstar Coop is
considering installing a pumping station at its downtown Ithaca location as well.
A discussion followed about the pros and cons of ethanol and how this proposal might work with
other alternative energy initiatives.White Hawk representatives maintain that the proposed alcohol
production would be a by-product of other agricultural uses which return micro-nutrients to the soil in a
sustainable way. Peterson will present more information to the Board for its review,including educational
materials in various formats.
Fun Day Wrap Up:
Beeners gave an update on the events of the day and needs for the future. Beeners is looking for
several planning volunteers who would spend time over a three-month period contacting vendors,parade
participants, advertising,put together a site plan, and coordinate volunteers for the actual event. She will
make the same pitch to Community Council.
Delta Engineering/Road Use Laws and Permits:
Laura Shawley gave a status report.A draft driveway/culvert permit and fee schedule,related to Local
Law#4 of 2010,was distributed to the board. There is no fee required for a standard driveway serving a
one or two family dwelling or for agricultural uses.
A more complete permit and fee schedule, addressing commercial and industrial uses,will be
finalized to correspond to the set of road use laws being drafted by Delta Engineering. Phase one,
surveying the base line condition of Danby roads, should begin in the next few weeks. Shawley is
working on a flow chart to make sure that everything in these laws works together.
Supervisor Dietrich expressed concerns about potential discrepancies in permits and laws for town
and county roads. He asked Proto to relay these concerns to the County.
Page 6 of 21
Warrants:
General Fund 2010,vouchers#283-330 for$24,088.19
Moved by Halton, Second by Connors. The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Highway Fund 2010,voucher#70-81 for$30,792.24
Moved by Connors, Second by Klein.The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Water District Fund 2010,vouchers#32-40 for$813.15
Moved by Connors, Second by Halton. The motion passed.
In Favor: Connors,Halton,Klein,Dietrich
Adjournment
A motion to adjourn the Meeting was made at 9:32pm.
Pamela S Goddard,Town Clerk
Page 7 of 21
Appendix A-
TOWN OF DANBY LOCAL LAW #4 of 2010
EXCAVATION AND CONSTRUCTION IN MUNICIPAL
ROADWAYS AND HIGHWAY RIGHTS-OF-WAY
Be it enacted by the Town of Danby as follows:
SECTION 1: TITLE &APPLICATION; FINDINGS
1.1 This Local Law shall be known as "Local Law Number 4 of 2010".
1.2 Local Law Number 4 of 2010 hereby supersedes any portion of any prior Local Law or
resolution that is inconsistent herewith.
1.3 Local Law Number 4 of 2010 applies only within the Town of Danby, Tompkins County,
New York.
1.4 The Town of Danby hereby finds and declares that the provision of safe travel and the
maintenance of safe public highways and roadways are of paramount importance to the
public. Further, highways are costly to build, repair and maintain, and the Town of Danby
expends substantial resources annually to maintain, repair, preserve and protect such
public highways. Thus, based thereupon, and upon the authority granted to the Town of
Danby under and pursuant to Town Law § 64, Highway Law § 136, Articles 39, 40 and 41
of the Vehicle and Traffic Law, and §§ 10(1)(a)(6) and 10(1)(a)(12) of the Municipal Home
Rule Law, the Town of Danby adopts this Local Law to preserve and protect highways and
related rights-of-way, and to ensure safe travel for all persons traveling thereupon.
SECTION 2: DEFINITIONS
The following terms used in this Local Law shall have the following meanings:
APPURTENANT STRUCTURE — "Appurtenant Structure" means any temporary or permanent
structure or construct, other than a roadway or road surface, within the area of any
Highway, including those structures, constructs, and devices located or installed over,
upon, under, or adjacent to any such Highway, including, but not limited to, signs, traffic
control devices, waterlines, utility lines, communications lines, culverts, ditches, drainage
ways, manholes, fire hydrants, curbs, driveways, guardrails, bridges, bridge supports and
railings, fencing, and often also including driveways.
CONSTRUCTION — "Construction" means the building, installation, repair, replacement, or
removal of any Appurtenant Structure or the construction, installation, or removal of any
roadway or road surface, including the repairs and maintenance thereof.
CONTRACTOR — "Contractor" means any person or entity, including any landowner or private
citizen, firm, utility company or provider, transportation corporation, or communications or
cable company, that proposes to perform Excavation or Construction under, in, or upon
any Highway or any Appurtenant Structure related to any Highway.
DEFAULT — "Default" means (1) any violation of the terms, requirements, or conditions of this
Local Law; or (2) the violation of any terms or conditions of any Permit; or (3) performance
of any Construction, Excavation, or other work not referenced in any application; or (4)
performance of any Construction, Excavation, or other work upon any Highway,
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Appurtenant Structure, or other land not specifically identified in the Application submitted
to, or the Permit issued by, the Town of Danby.
EXCAVATION — "Excavation" means any work, process, or construction that proposes to or
does
A. alter the surface of any Highway, or
B. affect the soils under any Highway, including, but not limited to, pavement cuts and
culvert installations, and also including road surface work and paving, or
C. affect any Appurtenant Structure of any Highway.
FEE — "Fee" means any charge or cost imposed or due under or as a result of this Local Law.
Fees may be imposed, updated, changed, or amended from time-to-time by resolution of
the Town Board of the Town of Danby.
HIGHWAY — "Highway" means each, every, and all public streets, public sidewalks, public
roads, public alleys, and public highways within the Town of Danby that are Town of
Danby highways by use, highways by dedication, and/or highways by implication,
including the paved or finished surfaces thereof, all signage, all ditches, culverts, drains
and drainage ways, all utility and similar structures and appurtenances, and all land,
improved or otherwise, within the bounds of the highway rights-of-way.
HIGHWAY SUPERINTENDENT — "Highway Superintendent" means the elected or appointed
Highway Superintendent of the Town of Danby, and/or the Town of Danby Director of
Public Works, as applicable, together with the designees of each such person who are
given specific written authorization to act for such Highway Superintendent or Director of
Public Works under this Local Law.
PERMIT— "Permit" means any permit required under or pursuant to this Local Law.
SECURITY — "Security" means a deposit delivered to the sole custody of the Town of Danby,
free of reservations, restrictions, conditions or claims, to secure and guarantee
performance under any Permit and compliance with this Local Law. This deposit may be
(1) cash; or (2) an unconditional letter of credit approved by the Town of Danby; or (3) a
performance, completion, and indemnity bond approved by the Town of Danby; or (4) a
Certificate of Deposit irrevocably assigned to the Town of Danby; or (5) any other form of
undertaking as approved by the Town of Danby for this purpose; or (6) any combination of
the foregoing approved by the Town of Danby.
WINTER WORK SEASON — "Winter Work Season" means the portion of the calendar year
begining on November 15 and ending on the subsequent April 1. The Winter Work
Season may be updated, changed, or amended from time-to-time by resolution of the
Town Board of the Town of Danby.
SECTION 3: PROHIBITIONS
3.1 No Contractor, public service company, transportation corporation, or other person or
entity shall conduct any Construction or make any Excavation, cut, or breaking in, or
otherwise open any Highway or sidewalk for any purpose whatsoever, including, but not
limited to, the making of any driveway connection or the installation or repair or
replacement of any culvert or other Appurtenant Structure, without a Permit issued
pursuant to the requirements of this Local Law, except as described in Paragraphs 3.4,
3.5, and 3.6 of this Section.
3.2 No Contractor, public service company, transportation corporation, or other person or
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entity may perform any Construction or Excavation, or other work in, upon, or under any
Highway, nor construct, repair, install, or build any Appurtenant Structure, without a
Permit, except as described in Paragraphs 3.4, 3.5, and 3.6 of this Section.
3.3 No Contractor, public service company, transportation corporation, or other person or
entity may spread, place, or distribute any substance upon a Highway or within a highway
right-of-way unless done pursuant to, and in compliance with, a Permit, except as
described in Paragraphs 3.4, 3.5, and 3.6 of this Section.
3.4 In the case of an emergency, any Contractor, public service company, transportation
corporation, or other person or entity already having or possessing rights to any
Appurtenant Structure within any Highway may effect such emergency repairs as are
reasonably necessary; but such Contractor or other person or entity must thereafter apply
for a Permit upon the next business day.
3.5 This Local Law shall not apply to the installation of mailboxes and newspaper boxes, or to
house number signs and other means of identifying a residence.
3.6 This Local Law shall not apply to Construction, Excavation, or other work performed upon,
under or within Highways and related rights-of-way by the Town of Danby or by Tompkins
County, including Excavation, Construction, or other work upon Appurtenant Structures.
SECTION 4: PERMIT REQUIRED
4.1 All Contractors, public service companies, transportation corporations, or other persons or
entities must obtain all appropriate and/or required Permits and approvals from the United
States, the State of New York, and the County of Tompkins, or from their applicable
subdivisions, prior to applying for a Permit from the Town of Danby.
4.2 All Contractors, public service companies, transportation corporations, or other persons or
entities are required to obtain a Permit from the Town of Danby prior to performing any
Construction, Excavation, or other work in, upon, or under any Highway, or before
constructing, repairing, installing, or building any Appurtenant Structure.
4.3 Each Permit issued by the Town of Danby will be valid only for the period of time stated on
the Permit.
4.4 Permits are not transferrable or assignable by any act or by operation of law.
4.5 If the Permit expires, a renewal Permit may be issued by the Town of Danby for an
additional fee and upon such additional or other terms, Security, or restrictions as
determined in the sole discretion of the Highway Superintendent.
4.6 When a common Construction or Excavation project involves more than one Contractor,
including public service companies and transportation corporations, those Contractors
shall together designate in writing a lead Contractor who shall be responsible for obtaining
a Permit, acting in compliance therewith, and for compliance with the terms and
requirements of this Local Law. Despite the existence of a lead Contractor, all such other
persons and entitles shall be and be deemed Contractors under and pursuant to this
Local Law.
SECTION 5: PERMIT PROCESS
5.1 Contractors must submit a completed application for a Town of Danby Permit upon a form
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provided and approved by the Highway Superintendent. The Highway Superintendent
may develop and utilize one or more types of forms for Permit applications as based upon
any reasonable standard, such as, but not limited to, the type of work to be performed
(e.g., "culvert permits", "driveway or curb cut permits", or "excavation permits", etc.).
5.2 All Permit applications shall contain the following information or materials:
A. Project drawings and specifications for any Excavation or Construction as required by
the Highway Superintendent, including, where applicable, surveys and/or plans
sealed by a New York State licensed engineer or architect in compliance with, inter
alia, the New York State Education Law.
B. If the Contractor proposes to do work or perform any Excavation or Construction upon
or under any land outside of the Highway, the written consent of the owners of each
such parcel of land, and such written consent must recite that such owner has
reviewed the proposed Excavation or Construction drawings and specifications and
consents to, or otherwise permits, such work.
C. Whenever required, a completed Environmental Assessment Form ("EAF") shall be
submitted by the Contractor pursuant to the provisions of the State Environmental
Quality Review Act and its implementing regulations at 6 NYCRR Part 617 (together
herein, "SEQRA").
D. A Stormwater analysis of the impacts of any excavation or construction or installation
project upon the Highway and its Appurtenances. Such analysis shall follow the
requirements of any applicable Stormwater Local Law or Ordinance, and/or shall comply
with the terms of (i) the New York Standards and Specifications for Erosion and
Sediment Control manual, commonly known as the "Blue Book", and, as applicable,
(ii) the State Pollutant Discharge Elimination System ("SPDES") General Permit for
Construction Activities GP-02-01 or GP-02-02 (each and all as now exist or as
hereafter codified, updated, changed or amended). Any information and any
Stormwater Pollution Prevention Plan ("SWPPP") shall be designed to contain any
increases in stormwater and prevent any erosion of the Highway and any
Appurtenances, as well as prevent stormwater pollution and sedimentation.
E. An application Fee, as established by a resolution of the Town Board of the Town of
Danby.
F. A proposal for the amount and type(s) of Security.
G. Construction and Excavation start dates and completion dates.
H. Any other information the Highway Superintendent may require, including, but not
limited to, traffic control plans and proof of a right to enter any private property.
5.3 Whenever an EAF is required, no Permit may be issued until the SEQRA review process has
been completed.
SECTION 6: WINTER WORK
6.1 Permits for Construction, Excavation, or other work during the Winter Work Season will,
generally, be issued only at the discretion of the Highway Superintendent and, generally,
only for emergency work.
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6.2 In the event that a Winter Work Season Permit is issued, the following temporary
remediation and other requirements apply:
A. All Highway shoulders shall require additional materials and compaction as
determined by the Highway Superintendent.
B. Temporary pavement and road surface restorations may be made by (i) the
placement and compaction of a minimum of two layers of dust-bound crushed stone,
each of a compacted thickness of four inches on the prepared sub grade, followed by
a layer of bituminous concrete, winter mix, six inches in compacted thickness, on top,
or (ii) as otherwise required by the Highway Superintendent.
C. No frozen material shall be placed in Excavation areas.
D. Daily inspections shall be required and paid for by the Contractor. Whenever required
by the Highway Superintendent, the Contractor shall perform any needed repairs or
maintenance within 24 hours of receipt of any notice requiring the same
E. All Temporary repairs shall be maintained by the Contractor until a permanent repair
is made. The Contractor must monitor the site and perform repairs upon at least 24
hours advance notice to the Highway Superintendent.
F. As early as spring weather permits, the Construction, Excavation, or other work area
shall be inspected at the expense of the Contractor and a permanent repair shall be
made by the Contractor. Where required, in the reasonable discretion of the Highway
Superintendent, the permanent repair may require re-construction of the road base or
other re-construction requirements.
G. Notwithstanding anything which may appear to the contrary in the Permit or this Local
Law, the Contractor assumes all responsibility for the safe maintenance of the subject
work site(s) during the Winter Work Season, and further assumes all liability for
damages resulting from, or in any way connected with, the subject work and work
area during this period.
SECTION 7: REVIEW OF APPLICATION; FEES, ESCROW DEPOSITS, SECURITY, AND
INSURANCE
7.1 The Highway Superintendent shall review each completed and submitted application
within 30 days. Any application may be rejected if:
A. The details, specifications, or drawings are incomplete or lack specificity.
B. The proposed project, or the proposed Construction, Excavation, or other work, as
determined by the Highway Superintendent, is or will be harmful or injurious to any
Highway.
C. The application has incomplete or inadequate stormwater controls, if required, or an
inadequate SWPPP.
D. The proposed Contractor is unable to meet the Security requirements of the project
and/or this Local Law.
7.2 The Highway Superintendent shall, for each application, determine and set an amount of
Security and liability insurance that must be posted and/or provided by the Contractor
prior to the issuance of any Permit.
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7.3 The Security shall be in such amount(s) and form(s) as determined by the Highway
Superintendent.
7.4 The insurance shall be procured, paid for, and provided by the Contractor, who shall
maintain general all-risk liability, completed operations, and workers' compensation
insurance coverages, each in the minimum amount of $1,000,000.00. Each such
coverage or policy shall name the Town of Danby as an additional insured and waive any
subrogation rights as against the Town of Danby.
7.5 For any Construction or Excavation that will be performed in phases, that will require
multiple inspections, or that will require the review of any engineer or other paid
consultant (such as, but not exclusively, to review any SWPPP, surveys, engineering or
design plans, etc., if and as required), the Highway Superintendent may require the
establishment of a Fee, Inspection, and Review Escrow Account ("FIREA") to be funded
periodically by the Contractor in amounts deemed reasonable by the Highway
Superintendent to ensure that adequate funds are available to pay for the costs of such
Fees, inspections, and reviews.
7.6 The Town Board of the Town of Danby may establish, by Resolution, standardized FIREA
schedules for permits and other required reviews, inspections, and reports created,
performed, reviewed, or filed under, in accord with, or in furtherance of this Local Law,
which schedule shall (i) be limited to such amounts as are reasonably estimated as the
administrative and other costs and expenses incurred by the Town Board of the Town of
Danby in connection with any matter arising under this Local Law, and (ii) be reviewed at
least once every year by the Town Board of the Town of Danby to assure that the fees
remain reasonable in light of actual and generally incurred costs and expenses associated
with Fee, inspection, and review requirements.
SECTION 8: PERMIT ISSUANCE
8.1 The Highway Superintendent, upon the receipt, review, and approval of any application,
and payment, posting, or provision of any Fees, Security, or insurance, shall issue a
Permit for such work upon such terms as determined in the reasonable discretion of such
Highway Superintendent.
8.2 The Highway Superintendent may require that special conditions be met as deemed
necessary, in his or her discretion, in conjunction with the Construction, Excavation, or
other work to be performed.
8.3 The Highway Superintendent may issue a revised or amended Permit at any time to
correct any error or omission, to require or reference a change in the scope of work or the
project specifications, to address the encountering of unforeseen surface or subsurface
conditions, including weather, or for any other reason.
SECTION 9: ENFORCEMENT OFFICER
9.1 The Highway Superintendent is hereby authorized, directed, and designated to enforce
the provisions of this Local Law.
9.2 These responsibilities may be delegated by the Highway Superintendent, subject to
approval by the Town Board of the Town of Danby.
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SECTION 10: PERFORMANCE
10.1 The Contractor may only perform Construction, Excavation, or other work as authorized
by the express terms of the Permit.
10.2 In performing such Construction, Excavation, or other work, the Contractor shall:
A. Preserve and protect all roadway surfaces, the Highway, and each Appurtenant
Structure from needless destruction or alteration.
B. Commence the Construction, Excavation, or other work within 20 calendar days of
the date the Permit is issued, and thereafter perform the Construction, Excavation, or
other work, and all backfilling, tamping, repair, and restoration work, as one
continuous operation to complete the same by the earliest practical date.
C. Complete the Construction, Excavation, or other work by the completion date stated
in or required by any Permit.
D. Restore and repair any affected Highway and Appurtenant Structure to then current
requirements.
E. Maintain at all times safe crossings, barricades, coverings, warning signs, lighting,
and any and all other safety devices, structures, or procedures as may be required by
any law or regulation, the New York State Department of Transportation, OSHA, or in
the exercise of diligent care.
F. Maintain at all times the Security and insurance coverage(s) required, and to pay,
whenever requested, any FIREA deposits.
G. Perform the Construction, Excavation, or other work in such a manner and at such
times as to not interfere with, or to minimize any obstructions to, the safe flow of
traffic.
H. Prevent stormwater pollution arising from any site where the Construction,
Excavation, or other work is performed. Proper installation and maintenance of short-
term and permanent stormwater management practices are required. As and if
applicable, compliance with any SWPPP and/or any SPDES Permit conditions or
requirements is mandatory.
I. Perform all backfilling and tamping with materials specified by the Highway
Superintendent. Such materials shall be free from clay, loam, or silt, and shall be
moistened and mechanically tamped until thoroughly compacted.
J. For all Construction, Excavation, or other work that may impair the provision of any
public utility, water supplies, or effect any closure or partial closure of any Highway, it
shall be the duty of every Contractor to give at least 72 hours' advance written notice
of the work and the effect thereof to all persons, entities, or municipalities owning
property or any Appurtenant Structures within 500 feet of the vicinity of the proposed
work. Proof of due notice shall be filed with the Highway Superintendent at least 48
hours prior to the commencement of the proposed work.
K. The Contractor shall provide prior notice to each and all utility companies, public
service companies, and municipalities of the proposed Construction, Excavation, or
other work, requesting such company or municipality mark or otherwise identify the
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location or course of any underground or other utilities. No Construction, Excavation,
or other work shall commence until all utilities and underground appurtenances are so
marked and the rules and regulations of the New York State Public Service
Commission and the "Dig Safely New York" program have been fully complied with.
L. All Appurtenant Structures shall be built, repaired, and installed in accordance with all
applicable laws, regulations, and rules, including, but not limited to, the New York
State Manual of Uniform Traffic Control Devices.
M. The Contractor shall preserve, protect, and maintain (including maintenance of the
distribution of) all utilities encountered or affected by or during performance of any
work, Excavation or Construction.
10.3 If the Construction, Excavation, or other work is not completed by the completion date
stated in or required by any Permit, any Construction, Excavation, or other work must
cease until a Renewal Permit or a new Permit is issued.
SECTION 11: REVOCATION OF PERMIT; DEFAULTS
11.1 A Permit may be revoked by the Highway Superintendent, after notice to the Contractor
(or other permittee), for any violation of any condition of the Permit, for the violation or of
any provision of, or non-compliance with, this Local Law, for the violation of any provision
of any other applicable ordinance or law relating to the work, or for the existence of any
condition or the doing of any act constituting or creating a nuisance or endangering the
lives or properties of others.
11.2 The following terms and conditions shall apply to the revocation of any Permit and/or the
occurrence of any Default:
A. Written notice of any such violation or condition shall be served upon the Contractor
or his agent engaged in the work. The notice shall contain a brief statement of the
grounds relied upon for revoking the Permit.
B. Notice may be given either by personal delivery thereof or by registered United States
mail addressed to the person notified.
C. Contractor may be granted one period of three days from the date of the notice to
correct the violation and to proceed with the diligent prosecution of the work
authorized by the Permit, before said Permit is revoked.
D. When a Permit has been revoked and the work authorized by the Permit has not
been completed, the Highway Superintendent shall cause such work as may be
necessary to be performed to restore the Highway to as good a condition as before
the Construction, Excavation, or other work was undertaken. Such performance and
work may be undertaken by the Highway Superintendent's employees and staff, or by
any independent contractor hired by the Town of Danby to perform such work. All
expenses and costs incurred to restore the Highway shall be recovered from any
posted Security, or if the same is inadequate to cover the costs and expenses thereof,
then from the Contractor.
E. The failure of any Contractor to cure any Default or cure any conditions stated within
the above-referenced notice within such three days shall be a Default that shall entitle
the Town of Danby to collect and utilize any Security or FIREA deposit for any
purpose related to the Contractor's Permit, including, but not limited to, the repair of
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any damage, the completion of the project, or the hiring of any third party to complete
the project. No default, nor the completion of the project by any third party or the Town
of Danby, shall relieve the Contractor of any obligation or expense imposed under this
Local Law, or as may otherwise be imposed by any other law or regulation.
11.3 Notwithstanding the foregoing terms, conditions, and requirements, whenever the
Highway Superintendent believes that there is any emergency, the Highway
Superintendent may issue a "Stop Work Order." Immediately upon receipt of the same,
each Contractor shall cease work, secure the work site, and immediately adhere to and
complete all safety inspections and procedures as may be required by law, regulation, or
the terms of the Stop Work Order. Work may only re-commence upon the written
revocation of the Stop Work Order by the Highway Superintendent.
SECTION 12: RENT OR HIGHWAY USE AND OCCUPANCY FEE; PERMANENT USE OR
OCCUPATION OF ROADWAY
12.1 Utility and other facilities commonly occupy areas of Highway rights-of-way, whether
allowed by law or pursuant to permission granted by the State of New York or one of its
agencies or municipalities. Certain uses of the Highway are and remain subordinate and
subject to the regulation of the Town of Danby and the use of Highway rights-of-way by
the public. As to Highways regulated by this Local Law:
A. Public, private, municipal and State utility facilities will be permitted to use and occupy
the municipality's highways in accordance with any franchised right or privilege
granted by statute, such as, but not exclusively, those contained in the New York
State Public Service Law and/or Transportation Corporations Law.
B. The Town of Danby reserves and preserves the right to assess, impose and collect
rent or a highway use and occupancy fee from any Contractor, landowner, service
provider, or system owner or operator occupying and using the property or Highways
of the Town of Danby for private or commercial purposes for any period of time
exceeding 6 months. Such rent or fee, if assessed, shall be calculated by the Highway
Superintendent based upon any rational and neutral standard, including, but not
limited to: (i) the recommendation of the Town Board of the Town of Danby; (ii) the
recommendation of the Tompkins County Assessment Office; (iii) the amount of rent
or fees charged for similar uses by the State of New York, the New York State
Department of Transportation, or any other or municipality similarly situate to the Town
of Danby; (iv) the fair market value for the use or of the property utilized; or (v) the
recommendation of an appraiser or other qualified consultant utilized by the Highway
Superintendent or the Town Board of the Town of Danby.
C. The Town of Danby may require such Contractor, landowner, service provider or
system owner or operator to enter into an easement and right-of-way agreement
("ERA") or a consent and lease agreement ("CLA") to utilize such public property and
permit the objects or facilities to remain upon municipal land for private or commercial
purposes. The municipality and the Contractor, landowner, service provider or system
owner or operator will discuss and attempt to mutually agree upon the terms and
conditions of such ERA or CLA.
D. To the extent possible, the municipality shall impose rent or a highway use and
occupancy fee upon a non-discriminatory and competitively neutral basis.
E. Notwithstanding anything to the contrary in this Section, the Town of Danby may, but
is not required to, negotiate with any Contractor, landowner, service provider or
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system owner or operator for the in-kind provision of services or other valuable
consideration in lieu of all or a portion of the amount that would otherwise be required
to be paid. This option of the municipality shall, to the extent practical, be applied in a
non-discriminatory and competitively neutral manner with respect to the value
received by the municipality.
F. All payments of rent or highway use and occupancy fees shall be paid and collected
upon a quarterly or calendar year basis, unless otherwise expressly set forth in such
ERA or CLA.
G. As to all existing utility and other facilities now within the Highway, no rent or highway
use and occupancy fees shall be required to paid and collected unless and until the
owner of such facilities seeks to construct, reconstruct, replace, upgrade, or repair
such existing facilities or otherwise applies for a Permit under or as required by this
Local Law. Absent any need for a Permit, such facilities may be allowed to remain
within the Highway free of rent or highway use and occupancy fees. Notwithstanding
the foregoing clauses, the Town of Danby may require the user or owner of any
existing facilities to submit a permit application: (i) whenever the Highway
Superintendent reasonably believes that such facilities need to be constructed,
reconstructed, replaced, upgraded, or repaired so as to avoid interference with the
use of the Highway by the Town of Danby, any other municipality, or the State of New
York, or to protect the safe and unobstructed use of the Highway right-of-way by the
public; (ii) in conjunction with a highway construction or maintenance project that may
require the relocation of any facilities, particularly where the work to be undertaken in
relocating such facilities may interfere with the free and safe flow of traffic or where
the facilities which are located within a clear zone or deflection zone (as such terms
are defined by NYSDOT); or (iii) upon the 10th anniversary of the adoption of this
Local Law.
12.2 It may not be feasible in all circumstances to strictly comply with the requirements of this
Section, and therefore, the Town of Danby may permit a waiver of, or a deviation from, the
standards and requirements of this Section (including the waiver or partial waiver of any
rent or fee) upon making a written determination: (i) that such waiver or deviation will not
adversely affect the traveling public; (ii) that such waiver or deviation will not adversely
affect the maintenance or safe operation of the Highway; and (iii) that such variance or
deviation is not in conflict with any other applicable law or regulation.
SECTION 13: INSPECTIONS
13.1 Until the Construction, Excavation, or other work is completed, the Town of Danby may
furnish and charge a fee for an inspection for each day that such work is in progress.
13.2 Inspections shall be made for the sole purpose of verifying compliance with the Permit or
for verification that the materials and processes used will result in a finished job that is
consistent with Town of Danby specifications.
13.3 No inspection is made for the purposes of reviewing, recommending, or verifying safety
practices. Safety compliance and safety inspections are and shall be and remain the sole
responsibility of the Contractor.
13.4 The Fee for each such inspection shall be promptly paid upon request.
SECTION 14: RESTORATION
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14.1 After performance and/or completion of any Construction, Excavation, or other work, the
Highway and each Appurtenant Structure shall be repaired and restored in a permanent
manner satisfactory to the Highway Superintendent and/or in accord with Permit
requirements.
14.2 To the extent possible, any repair or restoration must match the original Highway or
Appurtenant Structure in type, color, structure, materials, grade, and texture, in
compliance with then current applicable specifications therefor.
14.3 Upon completion of the work and after restoration pursuant to the terms of this Local Law,
any remaining amount of any deposit or Security shall be returned or released, as
applicable.
SECTION 15: WAIVERS
15.1 Where the Highway Superintendent finds that, due to the special circumstances of a
particular case, a waiver of certain requirements is justified, a waiver of any one or more
requirements of this Local Law may be granted. In all cases, no waiver shall be granted
unless the Highway Superintendent finds and records in writing that:
A. Granting the waiver would be keeping with the intent and spirit of this Local Law and is in
the best interests of the community and the Town of Danby.
B. There is no adverse effect upon the Highway or any Appurtenant Structure.
C. There is no adverse impact upon the ability to safely travel upon such Highway.
D. There are special circumstances involved in the particular case.
E. Denying the waiver would result in undue hardship, provided that such hardship has not
been self-imposed.
F. The waiver so requested or granted represents the minimum necessary degree of
variation from the requirements of this Local Law or the Permit.
SECTION 16: OFFENSES; PENALTIES; ENFORCEMENT
16.1 Any Contractor or other person or entity that violates any of the provisions of this Local
Law shall be guilty of a misdemeanor punishable by a criminal fine between $500.00 and
$2,000.00, or a sentence of imprisonment not to exceed 15 days, or both.
16.2 Each week of continued violation shall be and be deemed a separate offense.
16.3 For the purposes of conferring jurisdiction upon courts and judicial officers, such violation
shall be deemed an unclassified misdemeanor and all provisions of law relating generally
to misdemeanors shall apply.
16.4 In lieu of the foregoing and at the election of the Town of Danby, any violation of this Local
Law shall subject any Contractor, person, or other entity or party to a civil penalty of not
less than $100.00 and not more than $500.00 for any first violation, and to a civil penalty
of not less than $250.00 and not more than $1,000.00 for any subsequent violations, with
such penalties to be recovered in a civil action in the name of the Town of Danby.
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16.5 The application of any sentence or penalty shall not preclude the enforced removal or
prevention of any prohibited conditions or violations of the Permit or this Local Law.
16.6 Nothing in this Local Law shall prohibit the Town of Danby from seeking any other relief as
may be provided for or allowed by law or in equity, or be deemed to effect an election of
remedies by the Town of Danby.
16.7 Any fine or penalty provided for in this Local Law is intended to be in addition to, and not
in lieu of, any rights or remedies the Town of Danby may have in such circumstances.
SECTION 17: APPEALS
17.1 Any aggrieved person or entity may appeal any action or determination of the Highway
Superintendent or any designee to the Town Board of the Town of Danby by filing a written
statement setting forth the reasons for such appeal.
17.2 Such statement shall be filed within 5 days of the delivery or filing of any action or
determination from which the appeal is taken, time being of the essence.
17.3 Upon receipt of such appeal, the Town Board of the Town of Danby shall hold a hearing
within 30 days and, after a review of all evidence, shall affirm, modify, or annul the
appealed from action or determination.
SECTION 18: ARTICLE 78
18.1 The actions and determinations of the Town of Danby, and its elected officials, employees,
and agents shall each be deemed "final determinations" for purposes of Article 78 of the
New York Civil Practice Laws and Rules ("CPLR"). Notwithstanding this, standing under
said Article 78 of the CPLR shall only be appropriate after the exhaustion of any
administrative appeals as provided for in this Local Law.
SECTION 19: LIABILITY AND INDEMNITY
19.1 The Contractor assumes sole responsibility for the work site and all related or adjacent
areas and lands and agrees to assume all responsibility for any injury or damage that may
or does occur as a result of any Excavation, Construction, or other work, including, but not
limited to, traffic control, grubbing, paving, clean up, remediation, or restoration work.
19.2 The Contractor, to the fullest extent permitted by law, shall indemnify and hold the Town of
Danby harmless from and against any, each, and all losses, actions, causes of action,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties,
covenants, contracts, controversies, agreements, promises, variances, trespasses,
damages, judgments, extents, executions, claims, and demands whatsoever, in law,
admiralty, or equity (all together hereafter, "Claims"), including, but not limited to,
reimbursement to the Town of Danby any amount expended for any and all experts',
consultants', attorneys' and engineering fees and expenses arising from or in relation to
any Claim.
19.3 The Town of Danby shall not be liable or responsible for any injury to persons or damage
to property due to any acts or failures to act under or pursuant to any Permit or this Local
Law unless it is proven to a reasonable degree of certainty that such injury or damage
was solely caused by a willful or intentional act of the Town of Danby.
SECTION 20: CONSTRUCTION WITH OTHER LAWS
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20.1 This Local Law is intended to supplement and augment the requirements of zoning and
land use regulations and rules, as well as the rules of other governmental bodies and
agencies, relating to the preservation and protection of highways and public rights-of-way,
and to ensure their continued safe operating condition.
20.2 The provisions of this Local Law shall not diminish or impair the right of any other
governmental agency or body to require that any act be taken or avoided.
20.3 No variance, permit, grandfather rights, law, code, resolution, procedure, or rule pertaining
to zoning or land use shall supersede the requirements of this Local Law.
SECTION 21: SEVERABILITY; INTERPRETATION
21.1 If the provisions of any article, section, subsection, paragraph, subdivision, or clause of
this Local Law shall be adjudged invalid by a court or other tribunal of competent
jurisdiction, such order or judgment shall not affect or invalidate the remainder of any
article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such
invalidity shall be confined in its operation to the clause, sentence, paragraph, section or
article thereof directly involved in the controversy in which such order or judgment shall
have been rendered.
21.2 Section and other headings are for reference and convenience only and shall not be deemed
or construed to limit or define the requirements of clauses set forth thereunder.
SECTION 22: EFFECTIVE DATE
22.1 This Local Law shall be and become effective immediately upon filing with the New York
Secretary of State.
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Appendix B -
TOWN OF DANBY LOCAL LAW #LLLL OF 2010
Changing from an Elected Town Highway Superintendent
to an Appointed Town Highway Superintendent
A Local Law providing for the abolition of the elective office of Town Highway
Superintendent and the creation of the appointive office of the Town Highway
Superintendent of the Town of Danby.
Be it enacted by the Town of Danby as follows:
Section 1. Pursuant to Municipal Home Rule Law, §10, the Town of Danby hereby
abolishes the Elective Office of Town Highway Superintendent; the
abolition of said office to take effect at the expiration of the term of office of
the present incumbent on December 31, 2011.
Section 2. The elective office of Town Highway Superintendent of the Town of Danby
is hereby abolished as of January 1, 2012.
Section 3. The appointive office of Town Highway Superintendent of the Town of
Danby is hereby created as of January 1, 2012.
Section 4. At the biennial Town election succeeding the effective date of this local
law, no Town Highway Superintendent shall be elected, and upon the
expiration of the term of the Town Highway Superintendent for whom no
successor shall be elected, the Town Board shall appoint a Town Highway
Superintendent who shall hold office for a term of two years, commencing
with the first day of January succeeding the expiration of the term of office
of the elective Town Highway Superintendent, January 1, 2012.
Section 5. If a Town Highway Superintendent cannot or does not complete the
appointed term, the Town Board will appoint someone to fill the remainder
of the Town Highway Superintendent's term.
Section 6. This Local Law shall supersede the provisions of Town Law, §24 relating
to the terms of office for the Town Superintendent of Highways of the Town
of Danby.
Section 7. This Local Law is subject to mandatory referendum according to the
provisions of Municipal Home Rule Law, §23.
Section 8. This local law shall take effect immediately upon filing with the Secretary
of State and after approval of a majority of the electors voting thereon in
accordance with the requirements of Municipal Home Rule Law, §23.
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