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HomeMy WebLinkAbout1983-06-14 ia9 PUBLIC HEARING # 1 SPECIAL PERMIT - Jim Ray Mobile Home Park JUNE 14 , 1983 901 Dryden Rd . , Ithaca , NY Minutes of public hearing # 1 commencing at 7 : 30PM • Supv Cotterill read the notice that was published in the newspaper to consider the application of James Ray , Newfield for a special permit to extend his mobile home park at 901 Dryden Rd . in Varna by 28 units . QUESTIONS AND / OR COMMENTS Jim Ray showed the board members a map and plans of his proposed expansion and left the map on file with the town . for their records . It has been approved by the Tomp . County Health Dept . • Closed public hearing 7 : 45PM PUBLIC HEARING # 2 PROPOSED LOCAL LAW # 2r1983 ENFORCEMENT OF NYS UNIFORM JUNE 14 , 1983 FIRE PREVENTION & .: BUILDING CODE Minutes of public hearing commencing at 7 : 45PM Supv •Cotterill read the notice that was published in the newspaper to consider the proposed Local Law # 2 - 1983 which would transfer the responsibility of enforcement of the Uniform Fire Prevention and Building Code from the Town of Dryden to the County of Tompkins or the State of New York , whichever is appropriate . QUESTIONS AND / OR COMMENTS • Supv Cotterill reported that there is a - mandated state fire and building code to take effect Jan 1st 1984 . The town is obligated by . state law to enforce it unless the town wants to opt out . The town can opt out and turn it over to the county to enforce it or the county can opt out and pass it on to the state . If all of the towns and counties opt out the state will have to enforce their own law . Cim Evans felt that this is ' a very difficult issue, because he • personally does not like the idea of delegating the responsiblity of enforceability to a higher authority of which you have no control over the policy by which it might be enforced . The problem is that the town is stuck with it and we had no say with what was in it . We have no ' control over the provisions and all we are told to • do is enforce it . Co Rep Watros - the liability associated with the enforcement of the law are absolutely horrendous for that reason alone , not even to mention the cost of staffing to cover all of the activities in the county `. If the town passes this on to . : the county you can assume that the county is certainly going ' to pass it along to the state . So if it is enforced , the state is going to : have to fund a department for enforcing it . Supv Cotterill agreed with Clm • Evans , and also his personal opinion was that if it was enforceable and the town knew what was in it ; he would rather see it enforced locally . If there ever is a disaster , ' somebody will have ' to accept the responsibility because it wasn ' t enforced '. Until he knows more about it ; he doesn ' t want to put our taxpayers in a position if that' disaster ever happened intourtown to accept that liability . The law does allow us , if it is ever put ` into commonsense where it could be enforceable , it allows us to bring it back to local control at a later date . Supv Cotterill also would not want to see the county accepting the responsibility anymore than he would the town at this moment . Closed public hearing # 2 8 : 00PM TOWN BOARD MEETING JUNE 14 , 1983 Minutes of the Town Board meeting held on June 14th Supv Cotterill called the meeting to order at 8 : 00PM Members and guests participated in the Pledge of Allegiance . ' RESOLUTION # 89 REAPPOINT MERTON WEBB TO THE TOWN BOARD Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board reappoint Merton Webb to fill ' the . vacancy for the remainder of the year on the Town Board . 2nd Clm Metzger Roll call vote -- all voting YES • 130 Roll call was by the Town Clerk : Present : Supv Cotterill , Clm Metzger , Clm Evans Clm Webb , Atty Perkins and Z : O : Stewart Absent : Clm Jordan Supv Cotterill appointed Clm Metzger to audit the highway bills Approval of the minutes : Motion was made by Clm Metzger and seconded by Clm Evans that the minutes of three public hearings and town board meeting held of May 10th ; public hearing on May 24th and special meeting on May 24th ; and special meeting on May 31st be approved as submitted . COUNTY BRIEFING Co Rep Jim Ray reported that he hoped the German Cross. Rd Bridge could be built this season . The issue will have to come back to the County Board o f Representatives for a final vote because the amount budgeted is about 10 to 20 percent under . He hoped there will . be support . for It and ' to send a message through your representatives . The reason for : the last delay is because of the change ' in the design to accommodate the neighborhood and the flooding situation . Supv Cotterill - this board is in firm agreement there should be something done as fast as possible with the bridge and we will certainly give you our support . Co Rep Tillapaugh - reported that they will soon know as to whether or not the county hospital will be sold . He would like any comments one way or the other as to moving the county offices there . Co Rep Tillapaugh - He has been appointed to a committee ; Capitol Purchase Advisory Committee and is 1 of 17 members , which ' is in regard to medical care and expense accounts . Last year Gov . Carey appointed a committee to study the high cost of medical care in the state and to make some recommendations as to how the care can be kept at the . same level or reduced . As a result ' . there is a ✓ ecommendation that there be a moratorium on all capital expenditures for hospitals , mental institutions , and nursing . homes for any type of expenditures . The state government is trying to force upon us doing -away with the more highly t echnical surgical and medical .procedure with which we are accustomed to in Tompkins County and that equipment will be centered in the larger urban areas like Syracuse , Rochester , Elmira and Buffalo . All hospitals , nursinglhomes and diagnostic centers are required ' to send to this committee their projection for the next 5 years as to what their capitol expenditures will be and .listed in terms of priority . This committee will study all of these various statements from the different organizations and send . the priorites as to what hospital should have what . He can see that the bigger hospitals are going to receive the highest priority and the smaller hospitals are going to receive the lower priority . He would like the boards reaction as to whether or not we should start to do something about it or ' accept what the state is going to do to try and lower the cost of medical care . Clm Evans - felt that this ruling blocked the. acquisition of a secondhand_ kat- scanner at the hospital . Co Rep Tillapaugh said no , there was a technicality at the time the request was received . Clm Evans - pointed out that with the scanner there it can be proven to actually ✓ educe medical costs for Tompkins County residents , so it would be a sad situation. if it got blocked , infact it would increase medical costs . ' 'The other thing that concerns him is that if all of the top medical equipment is going to " the larger hospitals , than doctors have no choice but to move with it . and the .prophet is self- fulfilling . It would be . very . unfortunatefor this area . • TOWN CLERK RESOLUTION # 90 APPOINT ELECTION CUSTODIANS Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board appoint John Morey , Democrat and Joseph Petersen , Republican as custodians of the voting machines at a fee of $ 350 . 00 each r for the ' year 1983 . 2nd Clm Evans Roll call vote - all voting yes RESOLUTION # 91 PAY POLLING PLACES Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the ' following polling places receive $ 100 . 00 each for the year 1983 for the use of their facilities : Varna , Etna (Houtz : Hall ) , Etna Fire Station , Bethel Grove , Ellis Hollow Community Center , Freeville Fire Station and Dryden Fire ;Station . . 2nd Clm Webb Roll call vote - all voting YES i31 RESOLUTION # 92 APPOINT ELECTION INSPECTORS • Clm Webb offered the following resolution and asked for its adoption : RESOLVED, that the following be appointed as election ' inspectors for the term 7- 1- 83 to 6- 30- 84 AND BE IT FURTHER RESOLVED , that the rate paid will be $ 56 . 00 for ' Election Day , $ 35 . 00 for Primary Day , . and $ 28 . 00 for Registration Day , and an additional $ 5 . 00 be paid to the person who handles the bag except for Dist . # 6 ; # 7 and # 10 . . DISTRICT REPUBLICAN . DEMOCRAT • # 1 Maxine VanZile Emma Phillips Adriene Ashford Mary Stebbins • # 2 Eleanor Collins Vida Howland Charlotte Edmondson Jean Carpenter # 3 Ruth Sweetland Verna Myers Charles Breckheimer Virginia Moses B ettina Rash #4 Eva Ames . Jean Reed Natalie VanArkel # 5 Mary Nash Anne Scaglione Dorothy Fenner Marilyn Czerenda # 6 Esther Pulling Marion Fellows Jane Cage Eleanor Alexander # 7 Evelyn Cook Linda Woodin E lizabeth Havington Alice Lindow #8 Florence Seaman Irene Babbaro Melba Harden John Patterson # 9 Louise Kingsbury Joan Gibbons B everly Schaufler Patricia Sims # 10 Wilda Brown Harry Eversdyke Walter Havington • Jennifer Morey 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 93 APPOINT SUB- ELECTION INSPECTORS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the following be appointed as sub- elections ' inspectors : REPUBLICAN DEMOCRATE Wanetta Downey Dorothy McDermott Helen Schutt Marilyn Baurle Lucille Miller Mary Carberry Sylvia McCartney Sibyl Gould Connie Wilkins Suzanne Cardwell Vicky Randall Joyce Broadhead Rosalie Yarosh Betty House . . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 94 DESIGNATE POLLING PLACES Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board designate the following polling places in the Town of Dryden : D ist . # 1 Etna Fire Station D ist . # 2 Freeville Fire Station Dist . # 3 Dryden Fire Station D ist . # 4 Varna Community Center D ist . # 5 Houtz Hall , Etna • D ist . # 6 Dryden Village Hall D ist . # 7 Dryden Town Hall D ist . # 8 Bethel Grove Community Center D ist . # 9 Ellis Hollow Community Center Dist . # 10 Dryden Town Hall 2nd Clm Metzger Carried RESOLUTION # 95 AUTHORIZE TOWN CLERK TO PURCHASE ONE VOTING MACHINE Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Town Board authorize the Town Clerk to purchase one voting machine with printed return mechanism and the Supv be empowered to make the necessary transaction not to exceed $ 3000 . 00 2nd Clm Evans Roll call vote - all voting YES ATTORNEY . Atty Perkins reported that the State Comptroller has received our application to increase the maximum amount to be expended in the Cortland Rd Sewer Dist . from $ 250 , 000 . 00 to $ 353 , 000 . 00 . He has talked with the attorney in the State Comptroller ' s Office who is handling it and they will be acting on it tomorrow jy morning , b&t have advised us to go ahead and schedule a date for our public hearing on June 29th . The Town of Dryden cannot hold a public hearing until we have heard from the State Comptroller where he has made an order increasing ' • the maximum amount . Then , we have to adopt an order at that time , which would be adopted subject to a permissive referendum . Suvp Cotterill scheduled a public hearing on June 29th • • Atty Perkins will take care of the publication and Town Clerk will take care of. posting of the public notice . - M 1111 ' otion was made by Clm Evans and seconded by Clm Metzger to adopt the following order . In the Latter of . • The Increase in the Maximum Amount : • Proposed to be Expended for the : Original Improvements in the : • Cortland Road Sewer District : • in the Town of Dryden , . Tompkins County , New York , . • • wHEREAS , pursuant to proceedings heretofore had and taken in • accordance with the provisions of Article 12 - A of the Town Law , The Town Board of the Town of Dryden , Tompkins County , New York , has established the Cortland Road Sewer District in said Town and has authorized the construction of a sewer system , at a maximum estinated cost of $ 250 , 000 ;. and WHEREAS , due to a delay in the commencement of construction and general inflationary increases during such period it now appears that such maximum estimated cost of $ 250 , 000 must . be increased by $ 103 , 000 to a new maximum estimated cost of $353 , 000 pursuant to Section 209 - h cf the Town Law ; and . WHEREAS , the Town Board of the Town of Dryden will make an application With the Comptroller of the State of New York for an crder consenting to such increase ; and WHEREAS , it is now desired to call a public hearing in connection with such increase ; NOW ,. THEREFORE , IT IS HEREBY ORDERED , by the Town Board of the Town of Dryden ; Tompkins County , New York ,, as follows : / 3 _3 5ecj •pl __ 1 . A meeting of the Town Board of the Town of Dryden , Tompkins County , New York , shall be held • at Town Hall , 65 East Main Street , in Dryden , New York , • in said Town , on the _ 29th day of _ June , 1 983 , at 7 : 30 c ° clock P . M . , Prevailing Time , to consider the proposed increase in the maximum amount to be expended for the original improvements in the Cortland Road Sewer District in said Town , all as more fully described in the preambles hereof , at which time and glace said Town . Board - will hear all persons interested in the subject thereof concerning the same and for such other action as may be required by law or proper in the premises . 5ecj on _ _ 2 . . The Town Clerk of the Town of Dryden , New York , is hereby authorized and directed to give nctice of said public he ? rr. y *_ y publication of a notice in the _ _Ithaca Journal • the official newspaper of said Town , and by posting cf a notice cn the signboard of said Town maintained pursuant to subdivision 6 cc- Section 30 of the Town Law , not less than ten nor more than tventy days before the date designated for the hearing as aforesaid . Section 3 . This order shall take effect immediately . The question of the adoption of the foregoing order was duly put to a vote on roll call , which resulted as follows : " E . COTTERILL A e CLINTON 0 VCTIN G _ __ � •_,_ CHARLES EVANS VOTING Aye MERTON WEBB : _ VOTING _ Aye JON METZGER VOTING _ Aye The order was thereupon declared duly adopted . Atty Perkins reported that we have a statutory rule that does not allow us to adopt ' a local law unless there have been at least 5 days public notice . He would like to note that . the difference in what we are doing here is that we are having a public hearing on a proposal which statutorily sets 10 days as the amount of time . Local laws , are set at 5 days . and the provision is in Municipal Home Rule Law . By local law you can shorten that time from 5 days to 3 days . It seems that the Town Board might want _ to consider adopting • such a local law' in case we were ever caught in a time ftamewe would have an additional 2 days . . Olin Evans introduced proposed local law # 3- 1983 providing for public notice relating to adoption of local laws / Supv Cotterill scheduled a public hearing for June 29th Atty Perkins reported on the Industrial Development Agency . A request was made to Assemblyman Sam MacNeil ' s Office for the legislature to adopt a special act to establish the Town of Dryden Industrial Development Agency . This was done at the request of the adhoc IDA research committee under the direction of Roger Lampila . It is a creation of a corporate entity . As a seperate entity it has the power to contract to bond or to own property . If it owns property , ,.._.. . 3 'i- the property is exempt from real property taxation . The bonding issues are usually exempt from local and state income taxes . It is a bonding and ownership vehicle where as the town can use this agency to attract industry and commercial interprises ' into the town . Any obligation the IDA makes , it is not binding upon the town since it is a seperate entity . They have taken the- step and made a decision so they are not sure if it will be acted upon this year or not since it is late in the legislative year . Atty Perkins - Ithaca Area Wastewater Treatment Project . Gave the Town Board a set of maps ' which were prepared by Tom Miller showing the environmentally sensitive areas for the Ithaca service sewer areas which is basically in the Varna and Fall Creek water shed areas . The NYSDEC in Albany wanted the Town to adopt a nonbinding resolution . that the town will accept this map , so far as we know as being the map which currently and correctly delineates the environmentally sensitive areas within the proposed Ithaca ' Area Wastewater Treatment study area and service area . RESOLUTION 496 ITHACA AREA WASTEWATER TREATMENT PROJECT Clm Evans offered the following resolution and asked for its adoption : I 1 :11EI: EAS , the ri' ol • "I? ( . , Dryden is a i ) • LCL ' . c Lp 1 L Lil ;.' mnnicHa ; isy in the -Ithaca Art.' ci V : iscc. '+. : :. CCr Trcr : t "; c' nt project , and \•: iiERi::\ s , the Tovi ? of Dryden has pr•eNiously adcii ) tc: � C' 'f ( .' . "1 c Frosht•: nter Wetland : ; Loci )._ Law ( Local Lnu No . 2 for 19 :C ) :lei WHEREAS , the final mzi ) piny, and determination of .f re :Thwr . ;: cr .„-eLl : lnds in the Town of Dryden h a ` ; nut. yet been completod by thc New York State Department of Environnental Conservation , rind WHEREAS , in the interest of the Floodplain Management the and Protection of Wetlands , / United States Environmental Protection Agency , has required all Wetlands and Floodplain Areas to he mapped , NOW , THEREFORE , BE IT RESOLVED , by the Town Board of the Town of Dryden , that the maps prepared for. the Town of Dryden by T . G . Milder , P . C . and Associates and entitled " Town of Dryden , Tompkins County , New York , Mapping for Environmentally Sensitive Areas , Ithaca Sewer Service Area " , be accepted as the maps most currently correctly delineating Wetlands and Floodplains i. n . the Town of Dryden as they pertain to the Ithaca Area Wastewater Tr ern - ment Project , or such amendments to said maps as may be developed ' by mutual agreements of the U . S . Government , State of New York , and Town of Dryden from time to time , and BE IT FURTHER RESOLVED , that in accepting these maps or • subsequent amendments the Town of Dryden agrees to comply with the Example Grant Conditions as outlined in Attachment I , as they per. - tam to the Ithaca Area Wastewater Treatment Project . • I a Attoch, n - nt i i t: a riTle Stop 2 l: tali , Cf: ndi ` ion A . The grintt to Iii : submitted 10 Err and the State topo n , : , r t_ t .n r. t of irr; v i ron : .entaal . Protection an i p r L : bl of fac 1 L l ( plan � L G _ 1 ' ( t including maps that Clt2arly r. :� 2 a �: c' t'. UC_` all specific vacant ' 1 . n ' , arcr_- o f land within the foci Ii Lice 's oir.• nninci area that are partially o r wholly w i th I n the 100 year f i c) odpl a;l i n as defined by h t e . J . O r' eparianf CI f ) : ! % inc and : Cban Development � O , or within wetland ; as C ` f an ' t ti ti U . S . Fish and Wildlife Sot-vice . These maps roust also s ►? ti/ which parr: eIs ! iav ' . been dE? `r'elo' ed prior to date of i '; suance of Finding of Nr � ? C . ` r , , .a , ni c iccalt im a_ ctjtr, lrorment. aa-a Its sestimnt ( Fi'' SI EA ) _ • h . The qrc ntee • grrc s that for a period of SO yenrs from tilt' date of the i rSI / EA no sewer hoc. : uP or other connect ions to the l•; 1. 'r ' ( ' wa tar treatment facilities included in the - facility plan scope of ; his . . grant will be al Io ;: C (i or a) ermitted so as to Pilow the disChav- r : e o f wastewater from any building , facility or other construction o n any parr. : ' of , and within any - wetlanc s - or within - the 100 - - --- year- floadplain , which land parcel as of the date of the inlj EA was . undeveloped ( i . e . u ,) on which no building , facility or o ther construction has been erected or placed ) uric s approved * fn writing by the Regional An' rlin'istrator . This restriction shall ' . not apply to waterfront rr' Crcation facilities such as marinas and , boating facilities which Ly their nature must be on waterfront I oca w- •i i on s . • • C . This coed ' thin is intended to benefit any persons or private • organization or governmental entity which may have an inter -a-' st • in the avoidance of any future development in . the dc- cignateri areas . , Any such beneficiary ( who may otherwise have staart :Z ng to seek eiinorcerrh nt and the right to begin such action . in i court of competent jurisdiction ) may seek to enforce compliance with this condition in the courts of the State of . . • against the grantees or any aeon - federal person , organization , or entity subject to this condition if notice of intent to seek such enforcement: is first - given to the EPA Regional . Administrator , the state environmental protection agency , the Grantee , and affected governmental entities and if none of those so noticed initiates corrective action within ninety • days of such notice . • • • . . • • 2nd Clm Metzger Roll call vote - all voting YES • Atty Perkins - we also need 'to adopt a use ordinance . We should make 'the changes so ' that we can hold another public hearing on June 29th with the correct changes in its final form . There was some discussion and the board made the dimes so that they could hold another public hearing on June 29th . RESOLUTION # 97 FORMULA FOR PROPOSED CORTLAND ROAD SEWER DISTRICT • Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that a formula be established as 40 percent assessment , 40 percent unit and 20 percent pipe footage"for maintenance on capitol costs for the proposed Cortland Road Sewer Dist . 2nd Clm Evans Roll call vote - all voting YES • ZONING OFFICER 20 building permits for the month of May . 5 one- family dwellings ; 4 additions ; 1 mobile home ( replacement ) ; 4 garages ; 5 barns or storage buildings (non- residential ) ; and 1 special permit for Consolidated Gas . ZBOA had 2 hearings , 1- for a variance ' for a garage on an existing ' foundation which was granted and 2- an auto repair shop on Yellow . Barn Rd . l ' neighbor objected and . 3 other neighbors were in favor . ZBOA granted ' the variance with the stipulation that it will not be transferable , limited to 3 cars in the yard plus his own and no signs except those required `by the state . V `'r Z . O . Stewart - reported that he had sent out 15 violation letters regarding unregistered cars . The question came up about multiple residents or a 2 family house . The ruling is- one unregistered car per household . Is it one car per family or one per house ? There was some discussion andedecided that it should be one per house , . no matter how many different families ' are living there . Supv Cotterill - the Planning Board and ZBOA felt that it would be nice if the three boards could meet every 6 months to discuss policies regarding zoning and other problems that might arrise . RESOLUTION # 98 LOCAL LAW. # 1 - 1983 DECLARATION THAT THE TOWN OF DRYDEN • WILL NOT ENFORCE THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE Clm Evans offered the following resolution and asked for its adoption : RESOLVED : . SECTION 1 : i`ff ' y' York S `.. • ite Ext ' cutive Law , Section 381 ( 2 ) requires ' ha ; : r, t . . rl .: fl ° ' shall administer and enforce the Uniform Fire Prevention •'111 . 1 Fu : L11 : 1tT, lode on o • after the first day of .1 : Jn 'j ; ; r •i ' ! 9h. 4 , " SECTION : : FuL' th •er provisions of Executive Law , Section 381 ( 2 ' allows l ' S i . lt ) 'v: ' u : 1 : Cs ot inLni government to provide that they w1_ Ll not enisorce the Uniform Code and permits transfer of the rights and responsibl. l ' ties . for enforcement to the County of Tompkins or the State of New York , w hichever is appropriate . SECTION 3 : The Town of Dryden , New York hereby declares that it will n ot en once the Uniform Code on and after the first day of January 1984 . SECTION 4 : This local law shall take effect upon its being duly filed li 1 - Ole Office of the Secretary of State and in the Office of the State Comptroller . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 99 ENFORCEMENT OF NYS UNIFORM FIRE PREVENTION AND BUILDING CODE Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the Dryden Town Board is opting out of the enforcement of the NYS Uniform Fire Prevention and Building Code and recommend to the County that they also opt out of the enforcement of the NYS Uniform Fire Prevention and Building Code and let New York State accept the responsibility . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 100 GRANT SPECIAL PERMIT TO JZM RAYS : . EXPANSION OF MOBILE - HOME ' PARK Clm Evans offered the following . resolution and asked for its adoption : RESOLVED , that this Town Board grant a special permit to JimRay to allow his expansion of his mobile home park _ for the 28 units that he requested . 2nd Clm Webb Roll call vote - all voting YES CORRESPONDENCE Ambulance report Request from the Village of Dryden asking for exemption of village property located in the town , parcel ## 36- 1- 34 and # 36 - 1- 32 Letter _ from. Judge Newhart requesting . that the interoffice door be painted . . RESOLUTUION # 101 EXEMPT PROPERTY TAX FOR THE VILLAGE OF DRYDEN Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this Dryden Town Board grant the request from the Village of Dryden for exemption of real property tax located in the Town of Dryden parcel # 36- 1- 34 and parcel # 36- 1- 32 2nd Clm Webb Roll call vote - all voting YES JUSTICE REPORTS Judge Sweetland - $ 4200 . 00 Judge Newhart - $ 1850 . 00 Supv Cotterill requested Town Clerk Lloyd to . see about getting a report from Gordon Gabaree , dog enumerator for our next board meeting . • / 3 `j RESOLUTION # 102 TRANSFER FUNDS FROM RESEARCH 8030 . 4 TO CONTINGENCY 1990 . 4 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this board authorize . the Supv to transfer $ 10 , 000 . 00 from Research 8030 . 4 to contingency 1990 . 4 2nd Clm Evans Roll call vote - all voting YES RESOLUTION # 103 TRANSFER FUNDS FROM MEDICAL1430 . 83 TO SOCIAL SECURITY 1430 . 81 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this board authorize the Supv to transfer $ 50 . 00 from Medical 1430 . 83 to Social Security 1430 . 81 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 104 TRANSFER FUNDS FROM BUILDING CONTRACTUAL 1620 . 4 to BUILDING EQUIPMENT' 1620 . 2 Clm Metzger offered the following resolution and asked for its adoption : RESOLVED , that this board authorize the Supv to transfer $200 . 00 from Building Contractual 1620 . 4 to Building equipment 1620 . 2 2nd Clm Evans Roll 'call vote - all voting YES RESOLUTION # 105 TRANSFER FUNDS FROM SWEETLAND EQUIPMENT 1111 . 20 to SWEETLAND CONTRACTUAL 1111 . 40 • Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this board authorize the Supv to transfer $ $ 58 . 91 from Sweetland equipment 1111 . 20 to Sweetland contractual 1111 . 40 2nd Clm Evans Roll call vote - all voting YES RESOLUTION W106 TRANSFER FUNDS FROM CONTINGENCY 1990 . 4 TO GARAGE EQUIPMENT 5132 . 20 Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that this board authorize the Supv to transfer $ 175 . 00 from Contingency 1990 . 4 to Garage equipment 5132 . 20 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION # 107 TRANSFER FUNDS FROM CONTINGENCY 1990 . 4 TO SIGNS 3310 . 2 Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this board authorize the Supv to transfer $ 1500 . 00 from Contingency 1990 . 4 to Signs 3310 . 2 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION #108 AUDIT GENERAL FUND BILLS Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that the general fund bills be paid as audited . 2nd Clm Metzger Roll call vote - all voting YES RESOLUTION #109 AUDIT HIGHWAY BILLS Clm Webb offered the following resolution and asked for its adoption : RESOLVED , that the highway bills be paid as audited . 2nd Clm Metzger Roll call vote - all voting YES FINANCIAL REPORTS REVENUES EXPENSES General Fund A $ 30227 . 01 $ 20669 . 76 General Fund B 456 . 20 14572 . 19 Fire Protection District 370 . 84 - 0 - Federal Revenue Sharing 234 . 68 1686 . 64 Highway 55575 . 76 79281 . 64 NEW BUSINESS Schedule public hearings for June 29th Public Hearing ## 1 7 : 30PM Order increasing the maximum amout to be expended CRSD Public Hearing # 2 7 : 45PM Proposed Local Law # 3 shorten public notice time Eublic Hearing # 3 8 : 00PM local law wastewater Cortland Rd Sewer Dist . Public Hearing # 4 8 : 15PM Sewer Rent Law intermunicipal agreement Public Hearing $ 5 8 : 30PM proposed benefit assessment for Cortland Rd Sewer Dist . Adjourned 9 : 15PM The Town Board reconvened at 9 : 50PM and no previous.. action or resolutions were made • ) 381 RESOLUTION # 110 APPLICATION FOR FEDERAL AND STATE GRANT FOR THE PLANNING , DESIGN AND CONSTRUCTION OF NECESSARY SEWAGE Clm Metzger offered the following resolution and asked for its adoption : WHEREAS , THE TOWN OF DRYDEN herein called the "Applicant , " after thorough consideration of the various aspects of the problem and study of available data , has hereby determined that the planning , design and construction of certain works , required for the treatment of sewage , generally described as Construction of a samitary sewage collection system for the Cortland Road Sewer District , and identified as Project Number C- 36 - 1292 - 02 , herein called the " Project , " is desirable and in the public interest , and to that end it is necessary that action preliminary to the planning , design and construction of said Project be taken immediately ; and WHEREAS , under the Federal Water Pollution Control Act , as amended , the United States of America is authorized the making of grants to aid in • � • • '. financing the cost of planning , design and construction of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports • plans and specifications in connection herewith ; and WHEREAS , Chapter 659 of the Laws of 1972 of the State of New York provide financial aid for the planning , design and construction of Water Quality Improvement Projects ; and WHEREAS , the Applicant has examined and duly considered the Water Pollution Control . Act , as amended and Chapter 659 of . the Laws . of 1972 of the State of New York . and the applicant deems it to be in the public interest and benefit to file an application under these laws and to authorize other action in connection therewith ; NOW , THEREFORE , BE IT RESOLVED BY _ the Dryden Town Board_ that the filing of application in the form required by the State of New York and the United States and in conformity with the Water Pollution Control Act , as amended and Chapter_: 659 — of the Laws of 1972 of the State of New York is hereby authorized including all understandings and assurances contained in said applications . That Clinton Cotterill , Town Supervisor is directed and authorized as the official representative of the applicant to act in connection with the applications and to provide such additional information as may be required ; That the Applicant agrees that it will fund its portion of the cost of said Water Quality Improvement Project ; _ That one ( 1 ). certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation , Albany , New York together with the .Federal and State application ; That this Resolution take effect immediately . 2nd Clm Evans Roll call vote - all voting YES Adjourned : 9 : 50PM a -�- /� / i Susanne Lloyd Town Clerk • / 37 SPECIAL MEETING JUNE 20 , 1983 Present : Supv Cotterill , Clm Evans , Clm Webb , Atty Perkins and Town Clerk Lloyd 5 : 00PM RESOLUTION # 111 APPLICATION TO STATE COMPTROLLER REGARDING CORTLAND ROAD SEWER DISTRICT Clm Evans offered the following resolution and asked for its adoption : WHEREAS the Town has made an application to the State . Comptroller for permission to increase tile maximum amount proposed to be expended for the Cortland Road Sewer District from. $ 250 , 000 . 00 to $ 353 , 000 . 00 , and WHEREAS , the State Comptroller has requested that the Town Board assure the Office of the State Comptroller that no construction nor contract will be entered into unless and until certain grants from the New York State Department of Environmental Conservation and the United States Environmental Protection Agency have been assured , NOW , THEREFORE , be it resolved by this Town Board as follows : The Town Board of the Town of Dryden on behalf of the Cortland Road Sewer District will not contract for any indebtedness with respect to said Sewer District ' except for planning purposes , and will not enter into any construction contract for construction in said district unless and until the Town has received a firm committment for a construction grant from the United States Environmental Protection Agency and / or the New York State Department of Environmental Con - servation , said grant not to be less than the amount specified by the New." York State Department of Environ - mental Conservation . 2nd Clm Webb Roll call vote - Supervisor Cotterill YES Councilman Evans YES Councilman Webb YES RESOLUTION # 112 CREATION OF THE TOWN OF DRYDEN INDUSTRIAL DEVELOPMENT AGENCY Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board requests the enactment of Assembly bill # 8062A entitled " AN ACT to amend the general municipal law , in realtion to the creation of the Town of Dryden industrial development agency" . It is hereby declared that a necessity exists for the enactment of such legislation , and that the facts establishing such necessity are as follows : The local government does not have the power to enact such legislation by local law . 2nd Clm Webb Carried Adjourned : 5 : 10 PM [JQ,,�uTil.Uvc-Z-- Susanne Lloyd ' - Town Clerk Iwb SPECIAL MEETING JUNE 29 , 1983 Minutes of the special meeting held on June 29th at 7 : 30PM Supv Cotterill called the meeting to order at 7 : 30PM Present : Supv Cotterill , Clm Webb , Clm Evans , Clm Metzger and Clm Jordan PUBLIC HEARING # 1 June 29 , 1983 Order - Increase the maximum amount proposed to be expended for the original improvement in the' Cortland Road Sewer District Minutes of public hearing #1 7 : 30PM Supv Cotterill read the notice that was published in the newspaper in connection with the increase in the maximum amount proposed to be expended for the original improvements in the Cortland Road Sewer District . QUESTIONS AND / OR COMMENTS Atty Perkins reported that the State Comptroller has signed an order authorizing the increase for the maximum amount proposed to be ex ended . The State Comptroller , l. based upon our originarequest and not th'e ngin rin /fie ues � , . mide his computations based on a $ 375 , 000 . 00 cost . It is the opinion of the State Comptroller ' s office that although the cost of $ 375 , 000 . 00 is high it is not prohibitively high . We are only asking for $ 353 , 000 . 00 from the engineers report . The State Comptroller ' s office has said there is no problem with the request for $ 353 , 000 . 00 and we are free to act without prejudice . Adjourned Atty Perkins reported that the Dryden School needs to know by their organizational meeting on July 5th whether or not the town wants to undertake the collection of the school taxes . They need to know by that time so they can make arrangements when they have the bills printed . There was some discussion and the town decided not to collect the taxes . RESOLUTION # 113 TOWN OF DRYDEN WILL NOT COLLECT DRYDEN SCHOOL TAXES Clm Evans offered the following resolution and asked for its adoption : RESOLVED , that this Town Board will notify the Dryden Central School that the Town of Dryden is not interested in collecting the school taxes . 2nd Clm Webb Roll call vote - all voting YES Supv Cotterill had a formula and worksheet prepared with figures based on 10 years . The formula is 40 percent unit charge , 40 percent assessment charge and 20 percent pipe _ ' footage charge . These figures are on the high side and are figured on a 10 year basis because the interest was a lot less . Bill Petrillose - wanted to know how many people on the list received an increase in their assessment this year ? Supv Cotterill - -- couldn ' t answer , but the figures were taken off the current tax roll . Bill Petrillose - his assessment jumped 14 percent this year . He has spoken with the Assessment Dept and was told that because of what was happening with the proposed sewer district is why his assessment was raised . He only found 3 other people in this proposed district that their assessment has been raised . Supv Cotterill - he felt that if his assessment was raised based upon a sewer that hasn ' t even been funded , he would have some judge decide that . The assessors are not even aware of where we are on the sewer dist . We are not even sure if we are going to build a sewer district . All we are doing is what we feel we can do and submitt the papers to DEC . PUBLIC HEARING # 2 June 29 , 1983 PROPOSED LOCAL LAW # 3- 1983 Minutes of public hearing # 2 - 7 : 45PM Supv Cotterill read the notice that was published in the newspaper to consider a proposed local law which would shorten the public notice required from 5 days to 3 days before a public hearing could be held on a proposed local law . QUESTIONS AND OR COMMENTS None Closed public hearing 7 : 50PM Atty Perkins wanted to point out to Mr. Petrillose that his comments are directed at 2 different hearings that we are having . One is the actual proposal to increase the maximum amount proposed to be expended in the district , which contemplates the 2 substantial grants and aids . The second part is the benefit assessment that will be made by the town board after construction . The town board decided to have a public hearing early to let the people know what is ahead of them and the direction that we were heading . Until construction has actually been completed is time to startpaying on the bonds . There will not be any part of the assessment roll completed by the board for the district . As soon as construction is completed and the bond schedule is in place , then the board will certify to the Town Clerk and the Tax Collector every year this particular assessment roll for the district on the basis for the benefit to be levied , for this particular district . The benefit basis that the board has chosen to go with is the 40 - 40 20 formula . Supv Cotterill - the figures on the sheet are not 100 percent accurate because the number of units and the assessment could change . This is as close as we could get with what figures we had to work with right now . It is mainly there to allow citizens to see how it would be split up , but it might vary slightly . This is not a set schedule for the first year , but just a guideline . We have agreed with the village that a trailer will be considered three- quarters of a unit . Atty Perkins - that wouldn ' t apply to this schedule because this is the benefit assessment that would be charged to the users of the sewer system that are particularly benefited by it . We are free to establish our own formula . PUBLIC HEARING # 3 June 29 , 1983 PROPOSED LOCAL LAW # 4 - 1983 Minutes of public hearing # 3 8 : 00PM . Supv Cotterill read the notice that was published in the newspaper to consider certain revisions which have been made in Proposed Local Law # 1 - 1983 , which is now known as Proposed Local Law ## 4 - 1983 , which local law pertains to the installation , regulation and operation of the Cortland Road Sewer District in the Town of Dryden . QUESTIONS AND / OR COMMENTS Atty Perkins - there is no substantive change intended . Therone change that the town did make was based upon the discussion about the connection fee , which would be $ 300 . 00 for a single connection or the actual cost to the district which ever is greater . Article 9 has been deleted in its entirety because the body of that . is included in the sewer rent law . Adjourned . PUBLIC HEARING # 4 June 29 , 1983 PROPOSED LOCAL LAW # 5 - 1983 Minutes of public hearing # 4 8 : 15PM Supv Cotterill read the notice that was published in the ndwspaper to consider a proposed local law which would be the Sewer Rent Law for the Cortland Road Sewer District . QUESTIONS AND / OR COMMENTS Atty Perkins - the Town is authorized pursuant to the General Municipal Law to enact for a sewer district a sewer rent law . This is what we would do for the Cortland Rd Sewer Dist . to cover the actual usage of the system . The hearing that is scheduled for 8 : 30PM , which there already has been some discussion on the 40- 40- 20 breakdown has to do with paying for the initial capital construction . Basically , what we have in the sewer rent law is the charges that we have to pay the village . We have the same definition for units that are in the intermunicipal agreement dated October 1982 , and the same basic collection system contemplated occurring semi- annually . Obviously , the district will pay the village timely so the district does not incur a penalty and in return we will expect timely payments from our users . There is also a provision about the installation of water meters , how the sewer rent is to be calculated that is the basic charge and the surcharge using the same water usage formula that the village currently has . Section 7 has to do with the sewer rent fund , which is statutory . That is basically incorporated in the provision of our local law with the same provision acquired for the district to establish the rent fund . There is a provision certifing to the town of any unpaid amounts can be applied to town taxes . There was some discussion . • I qv Bill Petrillose - wanted- to know about meter hook-ups ? Atty Perkins -- one meter will be installed for each sewer • hook-up . PUBLIC HEARING # 5 June 29th , 1983 Method & Mode of benefit assessments for the properties situate in the Cortland Rd . Sewer Dist . Minutes of public hearing . # 5 8 : 30PM Supv Cotterill• read the notice that was published in the newspaper to consider the method and mode of the benefit assessments for the properties situate in the Cortland Rd Sewer Dist , said proposed benefit assessments to be based generally as 40 % of . the proposed annual amount to be raised based upon the number o f units ; 40 % of the proposed annual amount to be based upon assessed valuation ; and . 20 % of the proposed annual amount : . to be based upon the number of pipe feet o f sewer main . installed on the particular tax parcel . . QUESTIONS AND / OR COMMENTS . Atty Perkins - this particular aspect of it is not something. that DEC cares about ✓ ight now . We decided to have this public hearing at this time because it is close in time to increase the maximum amount proposed to be expended and to give the users of the district an idea based on current facts and figures what the cost will be . Dr . Robert Jacobson - wanted • to know the definition of a unit ? Supv Cotterill - we are not sure yet on what will determine a . unit . What we used here was the engineers estimates and his proposals . A trailer was figured as 3 / 4 of a unit . There was a figure for a carwash , one for a laundramat , another ' for apartments and another figure for business places . These are not definite figures , the total number of . units could go up or down . Dr Jacobson -- wanted to know if there were going to be additional meetings as to what consitutes a unit ? • Supv Cotterill - if there are any comments we would like to hear them tonight • because there probably be any other public hearings unless •by law we . are required to . Dr Jacobson - , didn ' t feel 3 people working at . a business office would be as • great as 3 people living . in . a trailer . . Atty Perkins = the unit figures that are on the schedule worksheet were taken from the original engineers report prepared by Morrell Vrooman Engineers over ' . 2 years ago . These are figures - that we are assuming are correct for purposes of -illustration- only. . The village ' and the district will have a contract with which the village will bill the district for use based upon usage and units . That in • turn will be passed on to the • users of the district on whatever formula the district decides . What we are looking at here may or may not have unit defined the same way . • This formula has to ' collect the capital construction cost from the parcels that are particularly benefited . ' It is logical - that we might use the :same definition of units . in this formula ' that we ' use all the way through but we are not bound to it . By town law we are bound to assessment basis to the parcels benefited by the sewer district and to collect the charges accordingly . The users have a time to comment every year when we file the assessment roll . If there is a correction - in - it you • have • an opportunity to be heard and - it can be corrected at that time . There will not be any roll completed or 'certified until after the construction has been completed . . RESOLTUION . # 114 RATIFY THE EXECUUIION OF THE • • AMMENDED . CONTRACT FOR THE. . JOINT SEWER COMMISSION C1m • Jordan offered the following resolution and asked for its adoption : • RESOLVED , . that ' this ' Town Board. . ratify the execution of the ammended contract for the joint sewer • commission : • • . 2nd Clm Metzger ' Roll call vote - all voting YES Atty PerkinsHread - the following order into the minutes . In the Matter of •• The Increase in the Maximum Amount •• Proposed to be Expended for the • Original Improvements in the : Cortland Road Sewer District •• in the Town of Dryden , Tompkins •• County , New York WHEREAS , pursuant to proceedings heretofore had and t & ken in accordance with the provisions of Article 12 -- A of the Town Law , The Town Board of the Town of Dryden , Tompkins County , New York , has established the Cortland Road Sewer District in said Town and has authorized the construction of a sewer • system , at a maxinum estimated cost of $ 250 , 000 ; and WHEREAS , due to a delay in the commencement of construction and general inflationary increases during such period it now appears that such maximum estimated cost of $ 250 , 000 must be increased by $ 103 , 000 to a new maximum estimated cost of $ 3530000 pursuant to Section 209 - h of the Tow^. Law ; and WHEREAS , the Town Board of the Town of Dryden made an application with the Comptroller of the State of New York for an order consenting to such increase ; and WHEREAS , an order consenting to such increase was granted by the Comptroller of the State of New York in which. the State Comptroller , after due deliberation , found and determined : 1 ) The public interest will be served by the proposed increase in the maximum amount to be expended for said Cortland Road Sewer District . 2 ) The additional amount to be expended for, such purpose will not be an undue burden upon the property of the District ; and WHEREAS , the said order duly certified by the . Town Clerk was duly published and posted as required by law , to -wit : . . a duly certified copy thereof was published in the Ithaca Journal , the official newspaper of this Town , on June 14 , 1983 , and a copy of such order was posted on June 17 , 1983 , on the signboard maintained by the Town Clerk of the Town of. Dryden , pursuant to Section 30 , subdivision 6 of the Town Law ; and , '.. .""i r . r1 i C+"'r r,. .4v y� Y ry ♦ 'v»wtc:v.ewxw.a __ . .. ..-. .. . . . 2; : {•'k43 '.i1�. . - ' !' '�!1-5° 4 .. v.r ' r ,. .. 1 .' it z'$y' 1" c - Maw+fbaz°+F-' a:.^5is;'Yaaru�s.".4iy'r.r. i .e....«,...-............. _.. . j.'S�L:y211iJ ' / l ' wH AS , a pub is hearing was . duly held at the time and place set _fcr -- h in said notice , at which all persons desiring to be heard were f, J du. i y heard : wHEREAS , said Town Board has duly considered such matter and the evice :sce given at said public haring ; NOW , THEREFORE , BE IT r ORDERED , by the Town Board of the Town of Dryden Tompkins County , New Cork , as follows : Section 1 . it is hereby found and - determined , upon the evide. : ce given at said public hearing , that it is in the public interest and necessary to increase the maximum amount proposed to be expended for the improvement in the Cortland Road Sewer District , as aforesaid , from the sum of $ 250 , 000 to $ 353 , 000 , pursuant to Section 209 -h of the Town Law , . and said maximum is hereby increased accordingly . Section 2 . This order is adopted subject to permissive referendum . The question of the adoption of the foregoing order was duly put • to a:+ vote on roll call , which resulted as follows : Clinton E Cotterill VOTING AYE - � ��� Merton t }ebb _ VOTING AYE ., • Charles Evans VOTING AYE __. Jon. Metzger VOTING AYE • • Frank Jordan . VOTING AYE The order was thereupon declared duly adopted . The Dryden Town Board . enacted the following Local Law # 2 - 1983 providing foriphblic notice relating to . adoption o'f local laws . - . . LOCAL LAW # 2 - 1983 PROVIDING .FOR PUBLIC NOTICE RELATING TO ADOPTION OF LOCAL LAWS . 1 . The public notice required by Municipal Home Rule Law Section • 20 Subdivision 5 as amended by Chapter 45 of the Laws of 1974 , effective March 12 , 1974 , before a public hearing can be held by the ' Town Board on a Local Law , shall be at least three ( 3 ) days notice instead of at least five ( 5 ) days notice . 2 . This Locfal Law , hall take effective immediately upon its approval and filing :fin the manner provided by law . • Roll call vote all voting - YES ` • The Dryden Town Board enacted the following Local Law # 3 - 1983 pertaining to Wastewater regulations in the Cortland Road Sewer , District • • • . I ; ! p • S- ,�✓i`y i�rJic',4s li. #.rat } l'(.'tt a2 vt a iV� ■r1 ! 1,24 .Ms,io cdryy fZ } ;�* • {l .,f• t _ t : a 11 ly-j' K i^(W:� `" +T "3 < + i c ' r �- bL'' "h.Sy a .4 ,X3‘: t .. . t �i 4�'1� •.i ay! � � 31�t"f+t$ Yr4s Ntr't..mot xi t k � L kr 4 s I . l k yt . A)1t33. n? . . 1 Y c� r:'N n �• �• f tl ,Ig l , L$t 5� 4 y �. � zy . � fr � } . ' . � ! � . F� �1 �ti•. �(/ E}y�`! i t '1 t , # f • , LOCAL LAW # 3- 1983 i -5 • PERTAINING TO WASTEWATER REGULATIONS IN THE CORTLAND ROAD SEWER DISTRICT • ARTICLE 100 Section 101 . Definitions . ( 1 ) " ASTM " shall mean the American Society for Testing and Materials . .. ( 2 ) " Biochemical oxygen demand ( BOD ) " shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five ( 5 ) . days at 20 °C expressed in milligrams per liter . ( 3 ) " Building drain " shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil , waste and other drainage pipes inside the walls of a building and conveys it to the building sewer , beginning five ( 5 ) feet ( 1 . 5 meters ) ouside the inner face of the building wall . • ( . 4 ) " Building sewer " shall mean the extension from the building drain to the public sewer or other place of disposal , also called house connection . ( 5 ) " Combined sewer " shall mean a sewer intended to receive both wastewater and storm or surface water . ( 6 ) " District " and " Sewer District " shall mean the duly constituted and approved Cortland Road Sewer District established pursuant to Article 12 - A of the Town Law by an Order duly filed in the Tompkins County Clerk ' s Office on May 13 , 1982 . These terms shall also mean the Town Board of the Dryden where the meaning so requires . ( 7 ) " District sewer " shall mean a common sewer controlled by the Town of Dryden or Cortland Road Sewer District , or other public entity . The term " sewer system " shall also include the term " district sewer " , where the meaning is so required . ( 8 ) " Easement " shall mean an acquired . legal right for the specific use of land owned by others . ( 9 ) " Floatable oil " is oil , fat , or grease in a physical state such that it will separate by gravity ' from wastewater by treatment in an approved pretreatment facility . A wastewater shall be considered free of floatable fat if it is properly pretreated.. and the wastewater does not interfere with the collection system ° ::Y= ' > ! i• ( 10 ) " Garbage " shall mean the animal and vegetable ! w� aste resulting from the handling , preparation , cooking and serving of foods . li 114 • ( 11 ) " Industrial wastes " shall mean Jthe ; wastewater ,ffrom ti industrial . pr © cesses , trade , or , business asidistinct from domestic or sanitary wastes . I " , ( 12 ) " intermunicipal Agreement " shall mean the agr�etement • between the Town of Dryden and the i Village . of Dryden whereby the Village transports , treats and disposes of ' wastewater collected and transported by the Cortland Road ; Sewe•rl ' District and l; .includes . the agreement of . October 12 , 1982 , : any amendments thereto : and art superceding ' agreements . . • ' H , + ( 13 ) " Natural outlets " shall mean any outlet , including storm sewers and combined sewer overflows , : into a watercourse , pond , ditch , lake , or other body of surface or groundwater . ( 14 ) " May " is permissive ( see " shall " ) .. • • + , ( + . ( { t ' • . r tS any ' j t _ 1� 4 . Yi 1 i tl t 1 A} .f x . yn 1�1 . .ji I I. � •: i T v jf t f c t.!, � i t . i '••• ! f I t• AI ! t t i ��115L'£ie jw 4 ' 2 4. v ihyy q.. S Yat p� „a i 5 t er g i lr. t IKtt i 4 rtj s A . . , f 4t' ea %} i c t + :G + 4^k�: t I r3 k r T / xua k"il d �s aP c 2-•`' - 1 • . , � � , * .r ilk ( 15 ) " Person " shall mean any individual , firm , company , association , society , corporation or group . . . ( 16 ) " pH " shall mean the logarithm of the reciprocal of the hydrogen - ion concentration . The concentration is the weight of hydrogen - ions , in grams , per liter of solution . Neutral water , for example , has a pH value of 7 and a hydrogen - ion concentration of 10 - ' 0 . ( 17 ) " Properly shredded garbage " shall mean the wastes from the preparation , cooking , and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers , with no particle greater than 1 / 2 - inch ( 1 . 27 centimeters ) in any dimension . ( 18 ) " Sanitary sewer " shall mean a sewer that carries • liquid and water - carried wastes from residences , commercial ' buildings , industrial plants and institutions together with minor quantities of ground , storm , and surface waters that are not admitted intentionally . The term " sewer system : shall also include the term " sanitary sewer " , where 'the meaning is so required . ( 19 ) " Sewage " is the spent water of a community . The preferred term is " Wastewater " . ( 20 ) " Sewer " shall mean a pipe or conduit that carries wastewater or drainage water . ( 21 ) " Shall " is mandatory ( see " may " ) . . ( 22 ) " Slug " shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen ( 15 ) minutes more than five ( 5 ) times the average twenty - four ( 24 ) hour concentration or flows during the normal operation and shall adversely affect the collection system and /or performance . of the wastewater treatment works of the Village of Dryden . ( 23 ) . . " Storm drain " ( sometimes termed " storm sewer " ) shall mean a drain or sewer for conveying water , Groundwater , subsurface water , or unpolluted water from any source . ( 24 ) " Superintendent " shall mean - the Superintehdent ' of public works of the Town of Dryden ( if one has been ' appointed ) or his authorized : deputy , - agent ' or representative , or . the appointed agent or representative of . the Town of Dryden as appointed by the Town Board : } . . ( 25 ) " Suspended . solids " shall ' mean thetotal suspended matter that either floats ' 'on the surface of j •. or is - in suspension in , . :water , . wastewater , or other liquids , and , ' that is removable by laboratory filtering. as ; pescribed in " Standard Methods four • the . Examination : of Water and Wastewater " and referred Ito as j ; ij . nonfilterabie residue . ms , . f� . 1 `'! 1� , ,. • . ( 26 ) " Town " shall mean the Town of Dryden , New York ?,,` i I ;. ( 27 ) " Town Board " shall mean the duly : elected Town ' Board of.; m . the Town of Dryden . ; .. . Ijt i . , . ' . ;I . VIII Vii; ih S ( 28 ) . . " Unpolluted water " is water of quality equal Ito or better than the effluent criteria in effect or water that , would • not cause violation of receiving water . quality standards - and . would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided . ' ( 29 ) " Village " shall mean the Village of Dryden , NttY0n1L . : F ` i ''+� il . . • ' taw i' . - - I ig7� ( 30 ) " Wastewater " shall mean the spent water of the sewer d istrict . From the standpoint of source , it may be a combination of the liquid and water - carried wastes from residences , commercial buildings industrial plants , and institutions , D together with any groundwater , surface water , and stormwater that may be present . ( 31 ) " Wastewater facilities " shall mean the structures , . ! ,equipment , and processes required to collect , carry away , and t reat domestic and industrial wastes and dispose of the effluent . ( 32 ) " Wastewater treatment works " shall mean an arrangement o f devices and structures for treating wastewater , industrial w astes , and sludge . Sometimes used as synonymous with • " waste treatment plant " or " wastewater treatment plant " or " water pollution control plant " or " sewage treatment plant " . ( 33 ) " Watercourse " shall mean a natural or artificial channel for the passage of water either continuously or intermittently . ( 34 ) " WPCF " shall mean the Water Pollution Control Federation . ARTICLE 200 Use of Public Sewers Required Section 201 . It shall be unlawful for any person to place , deposit , or permit to be deposited in any unsanitary manner on public or private property within the sewer district , o r in any area under the jurisdiction of said district , any human o r animal excretion , garbage or objectionable waste . Section 202 . It shall be unlawful to discharge to any n atural outlet within the. sewer district , or in any area under the jurisdiction of said district , any wastewater or other polluted waters , except where suitable treatment has been provided in , accordance with the provisions of this local law . Section 203 . Except as hereinafter provided , it shall be unlawful to construct or maintain any privy , privy vault , septic tank , cesspool , or other facility intended or used for the disposal of wastewater . Section 204 . The owner ( s ) of all houses , buildings , or properties used for human occupancy , employment , recreation , or other purposes , situated within the district and abutting on any street , alley , or right - of -way in which there is now located or may in the future be located a public sanitary or combined sewer of the district , is hereby required at the owner ( s ) expense to install suitable toilet facilities therein „ and to connect such ; facilities directly with the proper public Sewer in accordance with the provisions of this local law , within ninety ( 90 ) days after date of official' notice to do so , provided that said public sewer is within one hundred ( 100 ) feet 130 . 5 meters ) otthe property line . � t ARTIC4E 300 71 ( 41 Private Wastewater Disposal - Section 301 . Where a public sanitary or combined 'sewer is not available under the provisions of Article 200 , Section 204 , the building sewer shall be connected to a private wastewater disposal . system complying with the provisions of this article . s . Section 302 ., Before commencement of construction of a private wastewater disposal system the owner ( s ) shall first o btain a written permit signed by the Superintendent . The application for such permit shall be made on a form furnished by • thd district which the applicant shall supplement by any plans , specifications , and other information as are deemed necessary by the Superintendent . A permit and inspection fee of $ 50 . 00 shall be ' paid to the district at the time Application is filed . Section 303 . A permit for a private wastewater disposal system shall not become effective until thee installation is completed to the satisfaction of the Superintendent . The Superintendent shall be allowed to inspect the work at any stage o f construction , and , in any event , the applicant for the permit shall notify the Superintendent when the work is ready for final inspection , and before any underground portions are covered . The inspection shall be made within 24 hours of the receipt of notice by the Superintendent . Section 304 . The type , capacities , location , and layout • o f a . private wastewater disposal system shall comply with all o ecommendations of the New York State Department of Environmental Conservation and the Tompkins County • Health Department . No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than the area required by the Town Zoning Ordinance or the Tompkins County Health Department . No septic tank or cesspool shall be permitted to discharge to any natural o utlet . Section 305 . At such time as a public sewer becomes available to a property served by a . private wastewater disposal system , as provided - in Article 300 , Section 304 , a direct . connection shall be made to the public sewer within ' sixty ( 60 ) days in compliance with this local law , and any septic tanks , cesspools , and similar private wstewater disosal facilities shall be cleaned of * sludge and filled with suitable material . , Section 306 . The owner ( s ) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times , at no expense to the district . Section. 307 . No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the New York State Department of Environmental Conservation and the Tompkins County Health Department . a 41.41.e 1 ' . ARTICLE 400 Hi ' ' Building Sewers and Connections . Section` 401 . No unauthorized person ( s ) : shall uncover , make any connections with ' or opening into , use , alter , or disturb ' any public sewer or appurtenance thereof without first obtaining a written- permit ' from the Superintendent . • Section 402 . There shall be two ( 2 ) classes of building sewer permits : ( a ) for residential service , and is l ( bi for service to commercial establishments , public non - profit , housing corporations , and establishments producing - industrial ' wastes , and other non -=residential structures . ` ; ' . - .. . , In either case , the owner ( s ) or his agent shall make application on a special form furnished by the district . The permit application shall be supplemented bt any plans , • •, i j I ,( �C fe . l tti I . Lr it h. • . • . 1,1 % tf aI � r 1 Y ij s is• . i / VI • specifications , or other information considered pertinent in the judgment of the Superintendent . ( 1 ) A permit and connection the of $ 300 . 00 for a single connection permit or the actual cost of installation to the District , whichever is greater , shall be paid to the District . ( 2 ) The district shall fix the connection and inspection fee ' fbr each commercial , public non - profit housing corporation , industrial or other non - residential building . Said fee shall be based upon the size and nature of the operation proposed , and shall take into consideration the demands of said commercial , public non - profit housing corporation , industrial or other non - residential building as compared to the demands of a single ✓ esidential structure . The district shall not fix such fee until after it shall have reviewed the recommendations of the Town E ngineer with respect to the amount of the fee . The Town E ngineer shall take into consideration all of the criteria herein e xpressed . Such fee shall be paid to the district at the time the application is filed . ( 3 ) For an existing lateral which would serve a single ✓ esidential structure and for which the installation fee shall have previously been paid , there shall be charged a permit , connection and inspection fee of $ 25 . 00 . For any existing lateral which was not paid for when it was originally installed , there shall be charged the fees as specified in either ( 1 ) or ( 2 ) above . ( 4 ) In addition to all of the fees set forth in ( 1 ) and ( 2 ) above for connection and for any disconnection from the public sewer system there shall also be paid to the district at the time t he application is filed a $ 25 . 00 inspection . fee . . . Section 403 . . • ( 1 ) The fees as specified in Section 402 shall include the installation by the district of the sewer lateral from the existing thin to the property line . , ' ( 2 ) The installation and connection of ' the `'sewer lateral from the property line to the building shall be paid by . ,the ; owner ( s ) and the costs and expenses incident ' tothe installation and connection , of the sewer lateral from the property line to the building- shall be borne by the owner ( s ) .. , The owner ( s ) shall indemnify and hold harmless the district from any loss or damage that may directly or. indirectly be occasioned by the installation of the building sewer lateral . Section 404 . A n, separate and independetl: building sewer shall be provided for every building ; except where one building stands at the ,,rear of another on an interior; lot and no private sewer is available or can be constructed to ' ahe rear building through an adjoinint 'g alley ,: ' court , yard , or . :driveway , the front building may be extended to , the rear building or the whole considered as one buiding1sewer , but the district does not and will not assume any obligation or responsibility for damage ; caused or resulting from any such single connection i . aforementioned .' _ i , ( t t i f i . . ; Section 405 . ,, ' r , ' • ( 1 ) For any structure ' ` for which the ewer is to serve more than two residential units there shall be , provided at least one ( 1 ) . separate , four ( 4 " ) inch building sewer : lateral for each group. of six ( 6 ) residential !units . f ( 2 ) If . more than ' six ( 6 ) residential Units are , desired to be connected to a single ! sewer lateral , then the Superintendent shall determine the size of the sewer lateral to be installed in t .j(f 1 ' y I t p yi 1 r- .. / st . • . accordance with ASTM Specifications and WPCF Designs and. Specifications . . . Section 406 . ( 1 ) The building sewer latceral shall be tar - coated , extra heavy cast iron soil pipe , conforming to ASTM Specifications A74 and American Standards . Association ( ASA ) Specification A40 . 1 ; or asbestos - cement house connection pipe conforming to STM Specification C - 428 , Type II , minimum class 2400 . ( 2 ) Joints shall be tight and waterproof . ( 3 ) Any part of the building lateral that is located within ten ( 10 ) ' feet of a water service pipe shall be constructed of • cast iron soil pipe . Cast iron pipe may be required by the Superintendent where the building sewer lateral is exposed to damage by tree roots . If installed in filled or unstable ground the building sewer lateral shall be cast iron soil pipe ; except that non -metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the Superintendent . ( 4 ) Building sewer lateral pipe shall have a maximum length o f five ( 5 ) feet between joints . • Section 407 . Old building sewers may be used in connection with new buildings only when they are found , on e xamination and test by the Superintendent , to meet all ✓ equirements of this local law . . Section 408 . The size , slope , alignment , and the methods to be used in ' excavating , placing of the pipe , jointing , testing , and backfilling the trench , : shall all conform to the requirements o f the Superintendent ' s rules and regulations . In the absence of such rules and regulations of the Superintendent or in amplification thereof , the materials and procedures set forth in appropriate specifications of the ASTM and `WPCF Manual of . Practice No .. 9 shall apply . In no event shall the slope of the pipe be less than one - eighth ( 1 / 8 ) inch per foot .• _ . Section 409 . Whenever possible , the building sewer shall be brought to the building at an elevation below the -basement floor. In all buildings in which any . building drain is too low to permit gravity flow : to the public sewer , sanitary sewage ' carried by such building drain shall be lifted by an approved . means ` and discharged to the building sewer . ' ; r; x } H . Section 410 . No person ( s ) shall make connection of . roof ( downspouts , foundation drains , areaway drains , or 'lother sources of surface runoff or- groundwater to a ' building • ' serer or building drain which ; in turn is connected directly or indirectly , to a public sanitary sewer ! unless such , connection , is approved by the superintendent for purposes of disposal of 1 polluted surface . !:drainage . . 1 , 1 • Section .; A11 . The ' connection of the building sewer . into • the public . sewer. shalljconform to .the requirements of the Superintendent ' and . th -, building and ' plumbing '° code' or other ' applicable rulesi and regulations of , the district , i and the procedures :het forth , inthe appropriate specifications of the . , ASTM and WPCF Manual ' of ` Practice No ;' 9 . All . connections • shall ' be ;made gastight 'arid watertight and verified by proper testing . , Any ideviation ftom' the prescribed procedures and materials must be ' ; ' approved by the ' Superintendent before installation . ' ' ` • f I Section 412 . No building sewer lateral shall be laid ' parallel to and within , three ( 3 ) feet of any bearing wall , which might thereby be weakened ; . The depth shall - be sufficient to afford ' protection from frost , bust . in no event . shall be less than three ( 3 ) feet . The building sewer ; lateral ' sha11 be laid at i i . ■ I 1 Ir •l� ° a 11, �°1Y of 4 4 7u ° ! 1rr ; l i. .• - '4 L : '1 1 q { e at°Fr tf"+ SS° . � < ' - li : .1 L' 81 ° 41-0 ' y �{dye S } LR J l N i J 'r '11111 ° f � 474)4 ♦ . ,✓ Y. t:0(4 �+-r l`elt{ c '� a j 1� [ . uniform grade and in straight alignment insofar as possible . Changes in direction shall be made only with properly curved pipe and fittings . The ends of building sewer laterals which are not connected to the building drain of the structure for any reason , shall be sealed against infiltration by a suitable stopper , plug or other means approved by the . Superintendent . Section 413 . The applicant for the building sewer permit shall notify . the Superintendent when the building sewer is ready for inspection and connection to the public sewer . The connection and testing shall be made under the supervision of the Superintendent or his representative . Section 414 . ( 1 ) . All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard . . ( 2 ) Streets , sidewalks , parkways , and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the district . Section 415 . The Superintendent may require for any sewer lateral which is to serve a school , hospital , public building , commercial or industrial building , or when in the opinion of the Superintendent , such lateral will receive sewage or industrial waste of such volume or character that frequent maintenance of said building sewer is anticipated , the connection to the public sewer through a manhole according to district specifications . i ARTICLE 500 . . . Use of Public Sewers Section 5.01 . No person ( s ) shall discharge or cause to be discharged any unpolluted , waters such as stormwater , groundwater , roof runoff , subsurface drainage , or cooling water to any sewer , except stormwater runoff from limited areas , which stormwater may be polluted at times ., may discharged to the sanitary sewer by permission of the Superintendent . . • Section 502 . Stormwater other ithan that exempted under ' Article 500 , Section . 501 , and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm . ewors or to a ' natural outlet approved by the Superintendent and other regulatory ,' agencies , Unpolluted industrial cooling wateror ' process waters . inay ; be discharged , on 'approval . of ,' the Superintendent , to a', . storm , sever , combined sewer , or natural : outlet . I f • � } ' Section 503 . No person ( s ) shall discharge or cause to be ' discharged ; any i: ' of the following described waters or wastes to any public sewers : ! ' I ( a ) tiny ' gasoline , ' banzene , naptha , ( fuel oil ,. or other . . flammable or explosive . liquid , solid or gas . { . ( br Any , waters containing toxic or poisonous ; solids , i . liquids , or ; ei . . r q , gases in sufficient quantity ,. ther singly ; orlbp interaction ! ' with other wastes , to injure or ' interfere with any waste treatment process ; , constitute a ; hazard ' to humans or animals , . create a pubIic ' nuisancef ' or ' create . any hazard in the receiving of : waters of t the Village of Dryden ' wastewater treatment' plant . ( c ) Any waters or wastes having a pH lower than 5 . 5 , or t ' having any ` other . corrosive property capable of causing damage or i . � ' l - i it • hj r 1 i _ J• I � . S2 • hazard to structures , equipment , or personnel of the wastewater works . ( d ) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers , or o ther interference with the proper : . bperation of the wastewater facilities , such as , but not limited to , ashes , bones , cinders , sand , mud , straw , shavings , metal , glass , rags , feathers , tar , plastics , wood , underground garbage , whole blood , ' paunch manure , h air and flesh - - either whole or ground by garbage grinders . Section 504 . The following described substances , • materials , waters , or waste shall be limited in discharges to • the d istrict system to concentrations or quantities which will not harm either the . sewers , wastewater treatment process or e quipment , will not have an adverse effect on the receiving stream , or will not otherwise endanger lives , limb / public property , or constitute a nuisance . The Superintendent may . - set limitations lower than the limitations established in the ✓ egulations below if in his opinion such more severe limitations • are necessary to meet the above objectives . In forming his o pinion as to the acceptablility , the Superintendent will give ! consideration to such factors as the quantity of subject waste in ✓ elation to flows and velocities in the sewers , materials of construction of the sewers , the wastewater treatment process employed , capacity of the wastewater treatment plant , Afregree - of ' t reatability of the waste in the wastewater treatment plant , and o ther pertinent factors . The limitations or restrictions ' on materials or characteristics of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows : ( a ) ' Wastewater having a temperature higher than 1500 Farhrenheit ( 65 ° Celsius ) . ( bT Wastewater containing more than 25 milligrams per liter o f petroleum oil , nonbiodegradable cutting oils , or product of ' mineral oil margin . ( c. ) Wastewater from industrial plants containing floatable • oils , fat , or . grease . ( d) Any garbage that has not . been properly shredded, ( see , Article 100 , : Section 10 ) . ,, Garbage , grindersmay be connected to ' sanitary sewers from homes , hotels , . , institutions , restaurants , hospitals , ; catering esLtablishments , ' ! or . similar ' places where garbage originates . from ,.the tpreparation of f.. 00d in kitchens for the purposes , 6f consumption on the prsises or when served by P . i ! , ' ;. 11 1 caterers . . ( e ) ; ; ; A .y, , waters , or wastes containing ; iron '; 'chromium , copper , zincv and simi' lar. . .objectionable ` or ' toxic ' substances to such r' degree that 'any ' such . material received in the composit was�te*iater at '. the . , wastewater ; .treatment Works ' exceeds the li mits established u . by the Sup erintendent , for Such materials . � t t ( f ) ! HAn waterslcr : wastes containing odor producing , ! substances e.x.ceedingt i nits , which ; may , be established ' by the Superintende_nt . , H • , , ' ( g ) Any ',radioactive wastes or { ! isotopeth! Jof such half -- life l or ! . concentration.; l;as may . ;exceed limite a established , by the �i ) Superintendent� in compliance 'with applicable state or federal ' regulation's . h '`j - , !Hi ! I � t ! t - 1h ) Quantities ' of ` flow ', condentrations , , or both which constiute . a " sl; ug " as defined herein . " • ( i ) L WEteis or . wastes containing substances which are1, not amenable to treatmentor reduction by the Wastewater treatment • • _ t , . � 6 ;t a t • .: , t" • : { AE N. 1 . t s , yr' { -. !! , 9y t ; rtx rl + 11 t .0 ' I Y {`• r ' , 7 , :w'• - f a '�S iaif� �y ,Y �t t � ! j w si .. x . . a r�J� I EJ f. • 153 processes employed , or are amenable to treatment only to such d egree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over d ischarge to the receiving waters . ( j ) Any water or wastes which , by interaction with other water or wastes in the public sewer system , release obnoxious gases , form suspended solids which interfere with the collection system , or create a condition deleterious to structures and t reatment processes . ( k ) Waters or wastes containing a high BOD , a toxic or poisonous substance , a high chlorine demand or suspended solids in sufficient quantity to injure or interfere with any sewage t reatment process , constitute a hazard to humans or animals or create any hazard in the receiving waters or the effluent or the sewage treatment plant . Such toxic substances shall • be limited to the average concentrations listed herein . The following list establishes the limits for various toxic substances to regulate . d ischarges at . the point of entry into the district sewer system . P arameter Effluent Concentration Limits ( mq/ 1 ) 30 Day Average . . 24 Hour Average . , Cadmium 0 . 2 2 0 . 4 4 Hex . Chromium 0 . 1 0 . 2 Total Chromium 2 . 0 4 . 0 Copper 0 . 4 0 . 8 ' Lead 0 . 1 • 0 . 2 Mercury 0 . 1 0 . 2 Nickel . 2 . 0 4 . 0 Zinc 0 . 6 1 . 2 Arsenic 0 . 1 0 . 2 Available Chlorine 50. 0 a • 50 . 0 Cyanide - free 0 . 2 0 . 4 Cyanide - complex • . 0 . 8 1 . 6 Selenium ' . . 0 . 1 0 . 2 Sulfide 3 . 0 6 . 0 B arium 2 . 0 4 . 0 Manganese 2 . 0 4 4 . 0 G old 0 . 1 0 . 2• Silver • 0 . 1 - ' 0 . 2 Flourides . . ! : 3 . 0 6 . 0•• ' Phenol ' 2 . 0 0 . 4 . 0 : ; ' : � �' ' Vii;. 11 . , ! t.i Section : 505 . The , admission into the district sewers of any waters ; ; or „wastes .: ' haysng : }`" I ' , i 4 .I . 1 . . I iy ` . � _ . I ! , SI • I 1� 11l1�k; ; �. A .i 141' ( a ) ' av5 =day Biochemical Oxygen Demand greater than 300 parts permillion , . or + I ' , , i' ' , I 1 li 'f .., . . , t b_ r more' ' than 350 parts per million lof, `,' suspended solids , or i . { , i • i I; i , 1•( c ) . more. than 15 parts4 • per million of 'chlorine requirement , or 1 I . . . t , , ;1 , ! ' I. ; I ; , I .E i.■ I . i i , • . ( d ), any ,guantity of , substances ' having the characteristics ,` described iin • 'Section � 5031 ; or 504 , ; or ± ; ; I _ I ; ; , ; 1 I ' I • I . iI , . j, ; , li ' ! ;' f ( e ) an • average, daily , flow greater than9 : 2 %. , of the average , • daily sewage {4'flow of the ! district , ! . ' ' ' ill 1 . I I i i Lilt i {, fill ' A ' : • , 1 ' .I . ' 1 I . I . }' ! : ' I i ' 1. .1 1 1 i ' ,' � . . • shall ' b' S : subject to the review and approvalt! of .. ' the Town Board • ' ' Where necessary ; in , the ; . opinion of . the Town ' Board , , the owner shalt. , provide At iis . expense , such pretreatment as. may be necesary to : f • ( 1 ) " Reduce the Biochemical Oxygen Demand to 300 parts per million by . weight , or . . . .`i ' . ,j • t• . •1 I / ' 1 i •{ ' it " 1 a 1 I it II:.I I . - ' Lit .• i : II. r'. a r . , a ' ! t; t 1 1 t . � X P ( ' • . . li . s ' . .a.. � ` to A . .+1 n 4 / 3-9 ( 2 ) reduce the chlorine requirements to 15 parts per million , or . ( 3 ) reduce objectionable characteristics or constituents to within the maximum limits provided for in Section 503 or 504 , or ( 4 ) control the quantities and rates of discharge of such waters and wastes . • Plans , specifications and any other pertinent information ✓ elating to proposed pretreatment facilities shall be submitted for approval of the Town Board ( and of all other agencies ✓ equired by law ) , and no construction of such facilities shall be commenced until said approvals are obtained in writing . - ` A failure to comply with one or more of the remedial procedures as ✓ equired by the Town Board will constitute a violation of this local law . - Section 506 . If any waters or wastes are discharged or are proposed to be discharged to the public sewers , which waters contain the substances or possess the characteristics enumerated in Section 504 of this Article , and which in the judgment of the Superintendent , may have a deleterious effect upon the wastewater facilities , process , equipment , or receiving waters , or which o therwise create a hazard to life or constitute a public nuisance , the Superintendent may : . . ( a ) Reject the wastes , ( bY Require pretreatment to an acceptable condition for d ischarge to the district sewers , ( c ) Require control over the quantities and rates of d ischarge , and /or ( d ) Require payment to cover added cost of handling and treating the wastes not covered by existing charges or sewer ✓ ents . ( See the provisions of Section 512 of this Article. ) - When considering the above alteratives , the Superintendent shall give consideration to the economic impact of each alterative on the discharger . If the Superintendent permits the pretreatment or equalization of waste flows , the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent : ; ) Section 507 . ' Grease , oil , and sand interceptors shall be provided when : , : - in the opinion of the , Superintendent, they are opinion necessary for ''` .the proper handling of liquid wastes containing floatable grease in excessive amounts , asI . specified in Section 504 ( c ) , or any flammable wastes , sand , orl, other harmful ingredients ; except that such interceptors ' shall not be required for , private , living quarters or dwelling units . , All interceptors shall be of ', a;' type , and capacity approved by the Superintendent ' , and shall be located sojas ' to be readily and easily accessible ; ; for cleaning ; and inspection . In the maintaining of these interceptors the owner ( s ) ' shall be responsible for thellproper ✓ emoval and disposal by appropriate ` means of the captured material ! and shall maintain records i of the ; dates , and means of disposal which are subject to revlevw by the -Superintendent . , Any removal• ' and ' hauling lof the i collected materials not performed by j the owner ( s ) ' ,, personnel must be performed by currently ;! l'icensed .. w aste disposal firms .' I j ; ' ' f 61 t Section 508 . Where pretreatment or flow - equalizing facilities are provided ' or required for any waters or wastes , they shall be maintained continuously in satisfactory and e ffective operation by the owner ( s ) • at his expense . • { { . ' I1 : I I ,� '. tot � � kt 1, grotI ,� 1 , ' jj l ya h 4 >I 1 '• 1 1 1 + rfJ ral rl - 1 "y t1 A r ,� 1} � 7 JI:t . . • i • la t � xH•f'y } ��^-i xrt`t y a5 } '1 E3 . ' ti � ' J 't rt t _ . 1 I rr i pp k ! } r� MIf-`a ; 4 l ; , [� +ry ! IS + :> 't ` c '° ' n . . T . I ' - Lt< if :n yl ?Y � In E: , , Y� "d�.1.AJ6T3•�.,f�tEe l. aA 6l .. _ r r: . . . .�' �..:� � � � - . ! , . 11 r A33 Section 509 . When required by the Superintendent , the owner of . ahy' property serviced by a building sewer carrying industrial wastes shall install a suitable structure or control manhole together with such necessary meters and other . appurtenances in the building sewer to facilitate observation , sampling , and measurement of the wastes . Such structure , when required , shall be accessible and safely located and shall be constructed in accordance with plans approved by the Superintendent . The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times . Section 510 . The Superintendent may require a user of sewer services to provide information needed to determine • compliance with this local law . These requirements may include : ( 1 ) Wastewaters discharge peak rate and volume over a specified time period . ( 2 ) Chemical analyses of wastewaters . ( 3 ) Information on raw materials , processes , and products affecting wastewater volume and quality . ( 4 ) Quantity and disposition of , specific liquid , sludge , oil , solvent , or other materials important to sewer use control . ( 5 ) A plot plan of sewers of the user ' s property showing sewer and pretreatment facility location . ( 6 ) Details of wastewater pretreatment facilities . ( 7 ) " Details of systems to prevent and control the losses of materials through spills to the district sewer . C... r p % Section 511 . All measurements , tests , and analyses of the characteristics of . waters and wastes to which reference is made in this local law shall be determined in accordance with the latest edition of " Standard Methods for The Examination of . Water and Wastewater " , published by the American Public Health Association . Sampling methods , location , times , durations , and frequencies are to be determined on an individual basis subject to the approval by the Superintendent , and at the expense of the owner ( s ) . Section 512 . No statement contained in this article shall be construed as preventing any special agreement or arrangement between the district and � any industrial concern whereby an industrial waste of . unusual strength or character may be accepted by the district , for treatment . . , . 1 Section 513 . All of the standards enumerated herein are to apply at the point where the wastes are discharged into the public .sanitary sewer system . Any chemical or mechanical corrective treatment required must be accomplished to practical completion before the . was .tes reach that point . ' Section 514 . The costs of all sampling and examination shall. -,be .paid by the owner ( s ) . All sampling and /or examination shall be conducted by the district or . its agents , . employees or sub = contractor . i ARTICLE 600 • Violations and Penalties Section 601 . No person ( s ) shall maliciously , willfully , or negligently break , damage , destroy , uncover , deface , or tamper with wastewater facilities . . 1 I 151a Section 602 . ( 1 ) Any time that such work as requires inspection by the provisions of this law has been completed , and is ready for inspection , the Superintendent or his representative shall be n otified . ( 2 ) No persons ) shall fail to notify the Superintendent or his representative of the necessity for an inspection by the .; Superintendent or his representative in any situation enumerated u nder this law . Section 603 . ( 1 ) Any persons ) violating any provisions of this law shall become liable for money damages to the district for any e xpense , loss , or damage , occasioned by the district by reason of such violation . ( 2 ) An action or proceeding may be instituted by the district in any court of competent jurisdiction to recover such money damages . Section 604 . The Town Board in addition to any other remedy which may be available , may institute an appropriate au . Ion or proceeding to prevent or abate , correct or restrain , any violation of this law , or any unlawful use , construction , or maintenance of any kind or matter whatsoever which is in of the terms of this law , or to prevent or restrain or abate the occupancy of any building or structure or land whereuon such a violation may be found . Section 605 . Any , person ( s ) who fails to comply with any provisions of this law other than those provisions pertaining to the payment of sewer service charges pursuant to Article 900 . hereof shall be guilty of a misdemeanor , and upon conviction thereof , shall be subject to a fine not exceeding $ 1 , 000 . 00 and /or imprisonment for a period not exceeding one Ii ) year . Section 606 . The Town Board shall also be empowered to enforce , in addition to any of the provisions of this law , the Federal pretreatment standards as they are from time to time promulgated and amended pursuant to Section 307 of P . L . 92 - 500 . ARTICLE 700 Powers and Authority of Inspectors Section ' 701 . The Superintendent and other duly authorized employees or their agents shall be permitted to enter all properties for the purposes of inspection , ; observation , measurement , sampling , and testing with respect to the discharge to the public system in accordance with the provisions of this law . ; Section 702 . The , Superintendent and other duly authorized agents of the districtare ' hereby authorized to obtain information , including ' the obtaining of such information by ,those methods set forth in Section 701 , concerning the industrial ; processes which have a , direct bearing on the. kind and source of to the wastewater collection system . • i ! ' . rJ • O , • ARTICLE 800 • Sewer Extension Section 801 . Any extensions to the public sewer shall be madoein accordance with district standards and specifications and in accordance with generally recommended standards for sewage works and in strict compliance with all the requirements of the Tcxnpkins County Health Department and the New York State Department of Environmental Conservation . Section 802 . Any sewer extensions , after acceptance by the district , shall become the property of the district and shall be maintained by the district . Any sewer extension shall be guaranteed by the installer or contractor or builder or developer , as the case may be , against defects in materials or workmanship for a period of at least twenty - four ( 24 ) months . Section 803 . No sewer extension shall be made without having the plans and specifications of said extension submitted t o and approved by the district . In addition to this approval , t he extension shall also have the approval of the Tompkins County Health Department and the New York State Department , of E nvironmental Conservation , where required . Section 804 . The district may attach any conditions upon approval of said sewer extension which it may deem advisable and in the best interests of the district . No subdivision of land and the construction or occupancy of buildings thereon as provided in the applicable law , regulations or ordinances governing „ such , shall be allowed unless and until a suitable and approved sewer extension is construc't'ed ^ and accepted by the district . Tn addition to the approval of the district , the owner ( s ) shall obtain the approval of the Tompkins County Health Department and the New York State Department of Environmental • Conservation with respect to the construction , when required . • Section 805 . Nothing contained in this Article shall be construed to place any duty or obligation upon the - district to ' construct any . . sewer extensions . ARTICLE 900 • • Separability • Section 901 . If any provision of this law , or the application thereof , to any persons ) or circumstances is held to be : invalid , the remainder ,: of the law and the application of such provision to other persons or Circumstances 'shall not be affected ` 'thereby . • • ! i ;• • • Roll call vote all Voting YES� 't ; 1 f f • 1 1j 1 3 The Dryden Town Board enacted the . fQllowing Loca1!. Lay ##4- 1983 ' establishing . the Sewer . Rent Law. for the ' Cortland Road Sewer District. . ” ' I • i b , ! • • L _ I •• t . f ' . . y I . ! . I . • ESTABLISHING THE SEWER RENT LAW FOR THE CORTLAND ROAD SEWER DISTRICT • • S ECTION 1 . TITLE . This Local Law shall be known as the Cortland Road Sewer District Sewer Rent Law . This Local Law shall apply to the Cortland Road Sewer District as . established by the Town Board of the Town of Dryden by an Order establishing the said District filed in the Tompkins County Clerk ' s Office on May 13 , 1982 . SECTION 2 . AUTHORITY . This sewer rent law is enacted pursuant to Article 14 - F of the New York General Municipal Law . SECTION 3 . BASIS OF THE CHARGE OF SEWER RENTS . The basis of the charge for sewer rents shall be on a - unit basis and water usage basis as herein set forth . In calculating such- charges , the following shall apply : . . a ) Each single family dwelling shall be one unit . bY . The number of units assigned ' to a boarding. h ouse or fbr student housing shall be determined by . - d ividing the number of lawful potential occupants by three ( 3 ) . Any fraction shall be increased to the next whole number . 4 c ) Residences other than single family dwellings shall be counted as one unit for the first apartment therein , plus three - quarters ( 3 / 4 ) of a unit for each additional apartment . a ) ; rEach trailer_ or mobile home in a mobile home park shall equal three - quarters ( 3/ 4 ) of a unit . e ) Each Laundromat shall equal ten ( 10 ) units . f ) Each car wash shall be assigned two (4,2 ) + units for each four ( 4 ) bays . Any fraction shall be increasd t O the next whole numbers i g ) Commercial establishments with less than five ( 5 ) full time - employees or equivalent shall be assigned o ne and one - quarter ( 1 - 1 / 41 units . The , number of units t o be assigned commercial establishments with six ( 6 ) • o r more full time employees or equivalent , shall be determined by dividing the number of employees , by three. ( 3 ) . Any fraction shall be increased to the next whole number . SECTION 4 . • PAYMERT° ' DATES ; PENALTIES ; and ENFORCEMENT . ( 1 ) Payment of the sewer rents shall be made within 30 ! days of billing without penalty . ! . ! 1 • ( 2 ) Any payment received after 30 day'SHof billing 'shall. . include, a 10 % • penalty of the amount due .. + . , ( 3 ) If } payment of the amount due , ' plus penalty if ' applicable , is . not made within 60 days of when due , then the amount due . plus penalty shall be certified to . the. The* n - Clerk and the Town Board and shal- 1 • be 'collected and enfor._ced in the . same manner and at the same time as may be provided by law forstthe` collection and enforcement of Town taxes . ` I , ; . . SECTIONS . ' MEASUREMENT OF WATER USAGE. . The District shall install or - shall cause tobe installed-, water meter 's for ' . each user of the sewage . system - in the District for the purposes•' of measuring water usage and calculating the sewer rent charges . The District may impose a charge for the installation . and the cost of the water meter . S ECTION . 6 . CALCULATION OF SEWER RENT . The District - • shall charge and collect - for the use of the Cortland Road Sewer District the sewer rents as provided in this . local law . In computing the sewer rent , the following shall apply . a ) The water meter for the premises connected to the sewer system shall be read and the water usage computed for each billing period. bT Based upon the water usage , the preliminary calculation of the sewer rent shall be made . by dividing the water usage into two parts . Part one shall be a " standard charge " for the use of up to 27 , 500 gallons of water . Part two shall be a " surcharge " for all water usage over 27 , 500 gallons . Since the sewer district will contract with the Village of Dryden , Tompkins County , New York , for the transportation , treatment and disposal of sewage from the district , the direct costs to the district shall be paid by the users of the sewer system . ' c ) The standard charge ( per unit ) to the users of the sewer system shall be 1 . 25 times the charge to the Village of Dryden residents ( sewer customers ) for water usage up to 27 , 500 gallons per billing period . The surcharge ( per unit ) to the users of the sewer system shall be 1 . 25 times the charge to Village of Dryden residents ( sewer customers ) for water usage over the 27 , 500 gallon minimum per billing period . d ) The District may impose additional sewer rents on a per unit and /or water usage basis for - users of the sewer system to pay for the District costs of operation , maintenance and repairs of the sewer ‘ system ( other than those direct costs to be billed in [ c ] above ) . , ' ct SECTION 7 SEWER RENT FUND . Revenues derived from sewer rents , including penalties and interest , shall be credited to a special fund , to be known as the " sewer rent fund " . Moneys in such fund shall be used in the following order : a ) For, the payment of the costs of operation , maintenance , and repairs of the sewer system or such part or parts thereof for which sewer rents have been established and imposed . b ) For the payment of the interest on and amortization of , or payment of , indebtedness which has been or shall be incurred for the construction of the sewer system or such part or parts thereof for which sewer rents have been established and imposed ( other than indebtedness , and the interest thereon , which is to be paid in the first instance from assessments upon benefited real property ) . c ) For the construction of sewage treatment and disposal works with necessary appurtenances including pumping stations , or for the extension , enlargement , or replacement of , or additions to , such sewer systems , or part or parts thereof . Such revenues froth sewer rents shall not be used ( 11 to finance the cost of any extension or any treatment y part of a sewer system . ( other than any sewa g nt or disposal works with necessary appurtenances including pumping stations ) to serve unsewered areas if such part has been constructed wholly ' or partly at the expense of the real property especially benefited , or ( 2 ) for the payment of the interest on , and the amortization of , or payment of , indebtedness , which is to be paid in the first instance from assessments upon the benefited real property . SECTION 8. EFFECTIVE DATE . This Local Law shall take effect upon filing with the Secretary of State and the _ compliance with the provisions of the New York General Municipal Law . Roll call vote - all voting YES ' ' /1 6 0 r Atty Perkins reported that since public hearing # 5 regarding the method and mode of the benefit assessments for the properties in the Cortland Road Sewer District is basically a public informational meeting and construction has not been completed the town is not in a position to adopt a roll or certify a roll for collection , so there is to be no action taken at this time . Nothing can be done until you know the amount to be raised , what the assessed values are and number of units there are and the actual pipe footage . Adjourned : 9 : 15PM • Susanne Lloyd Town Clerk