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HomeMy WebLinkAbout2023-01-19TB 1-19-23 Page 1 of 12 TOWN OF DRYDEN TOWN BOARD MEETING January 19, 2023 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Loren Sparling, Cl Leonardo Vargas-Mendez, Cl Christina Dravis Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Ray Burger, Planning Director Cassie Byrnes, Secretary to Supervisor Supv Leifer opened the meeting at 6:00 p.m. and board members and guests recited the pledge of allegiance. Cl Sparling submitted some edits to the minutes of December 8 and December 15 that were accepted. RESOLUTION #32 (2023) – APPROVE MINUTES Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of December 8 and December 15, 2022. 2nd Cl Sparling Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Abstain Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING 1279 DRYDEN ROAD SITE PLAN APPROVAL Ray Burger explained this project is for a 28 unit apartment building at 1279 Dryden Road across the road from the former Orchid Place business and is reuse of a property that was previously a greenhouse. The site plan was reviewed by the Planning Board last month and they made recommendations. Those recommendations were addressed in the addendum to the application. The County reviewed the project in 2021 when it was first introduced. They made some recommendations on energy issues and those were addressed. They declined to review the project again. No public comments have been received and draft resolutions have been provided. Approval is conditioned on review by the Varna Fire Department with respect to the aspect of circulation of fire apparatus. It was suggested that because the owner also purchased the single family home next door and there are some existing trees between the property, that the vegetative buffer TB 1-19-23 Page 2 of 12 requirement be waived. The two properties are being managed as one site and the existing trees are sufficient. There were no comments from the board or the public. The board reviewed the Part 1 SEQR form, and the board completed the part 2 review. Cl Vargas-Mendez asked whether there will be an impact in traffic in Varna. Richard Wawak, project owner, expects most residents will be graduate students and will take the bus in to Cornell based on his experience with another property on Dryden Road . Cl Lamb said there may be a small marginal increase. RESOLUTION #33 (2023) - NEG SEQR DEC - APPLICATION FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVAL FOR MULTI-FAMILY HOUSING LOCATED AT 1279 DRYDEN ROAD, TAX PARCEL 52.-1-25.3 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves consideration of the application of Richard Wawak for Special Use Permit and Site Plan Approval for multi-family housing located at 1279 Dryden Road, tax parcel 52.-1-25.3; and B. The proposed action is an Unlisted Action fo r which the Town Board of the Town of Dryden is the lead agency for the purposes of uncoordinated environmental review in connection with approval by the Town; and C. The Town Board of the Town of Dryden, in performing the lead agency function for its independent and uncoordinated environmental review in accordance with Article 8 of SEQRA, (i) thoroughly reviewed the Environmental Assessment Form (“EAF”), Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), a nd (iii) completed the EAF, Part 2. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part I and any and all other documents prepared and submitted with respect to this proposed action and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its completion of the EAF, Part 2, including the reasons noted thereon (which reasons are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required; and 2. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Lamb TB 1-19-23 Page 3 of 12 Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes There were no further comments and Supv Leifer closed the public hearing at 6:22 p.m. RESOLUTION #34 (2023) - Approving Site Plan and Granting Special Use Permit for Multi- family Dwelling at 1279 Dryden Road, Tax Parcel 52.-1-25.3 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. Richard Wawak has applied for a Special Use Permit (SUP) to construct 28 dwelling units at 1279 Dryden Road, Tax Parcel 52.-1-25.3; and B. The proposal includes 16 studios and 12 one-bedroom units in 3 connected buildings; a 40-car parking lot with screening along Dryden Road; and elimination of one of the driveways currently serving the parcel; and C. An application, sketch plan, Stormwater Pollution Prevention Plan (SWPPP) and Short Environmental Assessment Form (SEAF) have been submitted, and D. The Town Planning Department considers the application complete and in conformance with the requirements of the Code of the Town of Dryden (Code) for review under §270-11 and §270-12, and E. The Planning Board reviewed the application and made recommendations that were addressed by the applicant in an addendum to the application made on 1 -2-23, and F. The Tompkins County Planning Department reviewed the proposal pursuant to §239 –l, -m, and –n of the New York State General Municipal Law and made recommendations in a letter dated 9-10-21 that were addressed by the applicant to the county’s satisfaction, and G. A public hearing was held on January 19, 2023, with public comments registered in the meeting minutes and considered by this board, and H. Pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, the Town Board of the Town of Dryden has, on January 19, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2, and 3, and I. The Town Board has reviewed this application relative to the considerations and standards found in Code §270-11 for site plan review and §270-12 for Special Use Permit. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: TB 1-19-23 Page 4 of 12 1. The Town Board approves the sketch plan documents, submitted with the application dated November 18, 2020 and revised March 25, 2021, February 2, 2022, December 6, 2022 and January 2, 2023 as site plan for 1279 Dryden Road, conditioned on the following: a. Circulation pattern to be adjusted to address concerns raised in local fire department review. 2. The Town Board hereby finds that the considerations for approval of the requested Special Use Permit listed in Code §270-12 have been met, specifically that: a. The proposed use is compatible with the other permitted uses in the Mixed Use Commercial zoning district and compatible with the purpose of this district as multi- family housing is an allowed use in this district and this parcel is located along the Dryden Road corridor with both residential use and commercial businesses; b. The proposed use is compatible with adjoining properties and with the natural and manmade environment, as this proposal is for multi -family housing at a transition point between single family homes and commercial businesses. The vegetative buffer requirement between the single-family home located at 1269 Dryden Road and the proposed apartment building is waived. c. Parking, vehicular circulation, and infrastructure for the proposed use is adequate as addressed. The provision of 40 parking spaces where 28 are required is approved and the requirement for parking islands is waived; d. The overall impact on the site and its surroundings considering the environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances has been considered and found to be negligible, based on the information and reasons in the Short Environmental Assessment Form; e. Restrictions and/or conditions on design of structures or operation of the use necessary to ensure compatibility with the surrounding uses or to prot ect the natural or scenic resources of the Town have been incorporated into the site plan; f. The project complies with the requirements for site plan review and conforms to the Town’s Commercial Design Guidelines to the maximum extent practicable in that: two curb cuts are being eliminated in this design, recreational trails will be developed, and landscaping will be used to screen the parking lot from the roadway. 3. The Town Board, finding that the applicant is in compliance with all other provisions of the Code and other applicable ordinances, approves a Special Use Permit for multi-family dwellings at 1279 Dryden Road with the Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 1-19-23 Page 5 of 12 PUBLIC HEARING TRAIL EASEMENT Supv Leifer opened the hearing at 6:27 p.m. The purpose of this hearing is to authorize acquisition of an easement for use as part of the Dryden Rail Trail. There were no comments, and the hearing was left open at 6:32 p.m. PUBLIC HEARING PROPOSED LOCAL LAW UPDATING THE TOWN CODE REGARDING BUILDING CODE ADMINISTRATION AND ENFORCEMENT Supv Leifer open the public hearing at 6:33 p.m. Ray Burger explained this is a complete replacement of Chapter 118 in the Dryden Code. This chapter addresses the building code administration and enforcement. This is spurred by New York State promulgating new rules on administration of the building code. We used their model law as a template for our Section 118. Some of the changes are new definitions and clarity. There is a section on operating permits that had been very sparse. The state found areas where operating permits were applicable and put it into the enforcement statute. There is a much broader spectrum of operating permits that can be issued. We did not want to have the option of doing operating permits for things such as insecticide sprays and backyard woodburning. We added to the section that we can add to the list of things we can do in the town by operating permit by a Town Board resolution. The other change is that we may require stamped plans at the discretion of the CEO for smaller structures if they are intended for living space. We’ve had cases where a person is trying to meet the minimum area for living space and CEOs don’t have a way to make sure it is a safe structure that meets all the building codes. There were no comments, and the hearing was left open at 6:38 p.m. HIGHWAY/DPW DEPARTMENT Highway Superintendent Rick Young presented his §284 Agreement for 2023 . He noted that he is not sure how much of this will get done, and there may be change becauses weather may make work on another road more necessary . Last year they did not spend their CHIPS money hoping costs would go down. Between all sources of funding, he expects about 1.2 million in available funding to go toward road repairs. Varna Sewer Project – $57,000 has been spent to have a video camera run through the sewer lines for the INI study to find out where the water is coming from. There are many risers for the manhole covers that need to be elevated after the recent paving project and seals need to be replaced. The DPW doesn’t have people trained to go in the holes, so will have to hire that out if necessary. They will start with the rings once the risers are on and everything is sealed, hopefully they won’t have water in the base. RESOLUTION #35 (2022) – APPROVE §284 AGREEMENT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the §284 Agreement for 2022 as presented and board members are authorized to execute the same. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes TB 1-19-23 Page 6 of 12 Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer closed the hearing on the easement acquisition at 6:48 p.m. RESOLUTION #36 (2023) - AUTHORIZING ACQUISITION OF EASEMENTS FOR THE PURPOSES OF PROVIDING RECREATIONAL OPPORTUNITIES TO THE PUBLIC WHEREAS, the 2005 Town of Dryden Comprehensive Plan and the 2011 Recreation Master Plan both identified a need for increased outdoor leisure and recreational space; and WHEREAS, the Town wishes to create a recreational trail (“the Trail”) for non -vehicular use by the public within abandoned railroad property; and WHEREAS, the property owners listed in the attachment hereto entitled “Trail Easement Agreements Town of Dryden” (“the Property List”) wish to grant to the Town easements (“the Trail Easements”) across those portions of the parcels they own consisting of abandoned railroad property (“the Easement Areas”) for the Trail; and WHEREAS, the property owners agreed to grant the easements to the Town for nominal consideration, and the Town will not have to expend funds to acquire the easements; and WHEREAS, such property owners executed proposed agreements with the Town (“the Trail Easement Agreements”); and WHEREAS, the Town wishes to accept the Trail Easements; and WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of interests or rights in real property, including by easement, for the preservation of open spaces is a public purpose and that such acquisition requires a public hearing subject to due notice; and WHEREAS, a public hearing on the proposed acquisition of the Trail Easements was held on January 19, 2023 at 6:15 p.m. at the Town Hall of the Town of Dryden, 93 East Main Street, Dryden, New York 13053, and notice of such public hearing was duly given by posting at the Town Hall and publication in The Ithaca Journal; and WHEREAS, the Town Board on December 15, 2016 issued a negative declaration under Article 8 of the Environmental Conservation Law and Regulations adopted pursuant thereto by the Department of Environmental Conservation of the State (collectively, “SEQR”) with respect to acceptance of the Trail Easements; NOW, THEREFORE, BE IT RESOLVED that the Town Board finds that the acceptance of the Trail Easements and execution and recording of the Trail Easement Agreements in the form attached hereto is in the public interest; and be it further RESOLVED that the Town Board finds that the Easement Areas are suitable for a recreational trail; and be it further RESOLVED that the Town Board approves the Trail Easement Agreements and TB 1-19-23 Page 7 of 12 authorizes the Town Supervisor to execute them and any and all related documents required for recording of such Agreements. Attachment A 1-19-2023 Trail Easement Agreements Town of Dryden Property owner Tax parcel number Deed reference Sara Arnold 54.-2-5 Instrument #2019-02371 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Dravis Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer closed the public hearing on the proposed local law to update the town building code at 6:49 p.m. RESOLUTION No. 37 of 2023 Adopting Local Law No. __ of 2023 Repealing and Replacing Chapter 118 of the Town Code Entitled “Building Code Administration and Enforcement” Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town has authority to adopt the local law referred to above (hereafter, “the Local Law”) pursuant to Article 9 section 1 of the New York State Constitution and section 10 of the New York State Municipal Home Rule Law; and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town of Dryden to adopt said Local Law; and WHEREAS, the Local Law was introduced at the meeting of the Town Board on December 15, 2022, and the Town Board reviewed and discussed the Local Law and set a public hearing to be held by said Town Board on January 19, 2023 at 6:30 p.m. to hear all interested parties on the Local Law; and WHEREAS notice of said public hearing was duly advertised in The Ithaca Journal; and WHEREAS said public hearing was duly held on said date and time and all parties in attendance were permitted an opportunity to speak and comment on the Local Law; and WHEREAS, on December 15, 2022 the Town Board classified the adoption of the Local Law as a Type II action pursuant to the New York State Environmental Quality Review Act and therefore no further environmental review is required; NOW, THEREFORE, be it hereby TB 1-19-23 Page 8 of 12 RESOLVED, that the Town Board of the Town of Dryden hereby adopts said Local Law as Local Law No. 1 of 2023, entitled “A Local Law Repealing and Replacing Chapter 118 of the Town Code Entitled ‘Building Code Administration and Enforcement’”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Dryden, and to give timely notice of the adoption of said Local Law to the Secretary of State as required by law. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Dravis Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PLANNING DEPARTMENT UPDATE R Burger said his department’s monthly report is on the web. They received a report on the large-scale solar facilities and their efforts to replace some of the vegetative screening this year. They planted over 400 new trees in total at the sites. The department will keep after them to do an inventory each year and replace the trees that don’t succeed. Supv Leifer has heard that there is another developer interested in putting solar in the town. R Burger said it may be related to the county’s project on reuse of the old landfill on Caswell Road. COUNTY BRIEFING No report. DISCUSSION/ACTION ITEMS Netegrity ISP Support and Call Services Agreement – Board members have reviewed a proposal and agreement (attached) from Netegrity for ISP support and call services for Dryden Fiber. Supv Leifer asked for authority to sign it on behalf of the town. RESOLUTION #38 (2023) – AUTHORIZE AGREEMENT WITH NETEGRITY Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves an agreement with Netegrity for ISP Support and Call Center Services for the Dryden Fiber pro ject and authorizes the supervisor to execute the same. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 1-19-23 Page 9 of 12 Tompkins County Community Housing Development Fund Program Representative – Cl Vargas-Mendez offered to serve as the town’s representative. RESOLUTION #39 (2023) – APPOINT REPRESENTATIVE TO COMMUNITY HOUSING DEVELOPMENT COMMITTEE Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby appoints Leonardo Vargas-Mendez to serve as the Town of Dryden representative to the Tompkins County Community Development Fund Program. 2nd Cl Lamb Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Volunteer Fire Fighter and Ambulance Worker Exemption – There was discussion about how much this would actually save a volunteer because if they took advantage of it, they could not also claim the state exemption on their income tax return. A property owner serving as a volunteer as described would have to determine which exemption would be a better benefit for them. It seems flawed and the state legislature needs to do better, but not passing it would not be a good message from the Town Board. After discussion and consultation with the town attorney, the following proposed local law was introduced and a public hearing set for February 16 at 6:05 p.m. A local law authorizing Section 466-a of the New York State Real Property Tax Law – A Property Tax Exemption to Volunteer Firefighters and Volunteer Ambulance Workers. Section 1: Statutory Authority The purpose of this article is to grant a partial exemption from taxation qualifying volunteer firefighters and EMT workers in Tompkins County as authorized by § 466-a of the Real Property Tax Law. Section 2: Exemption granted. A. Any enrolled member who has been certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department, or voluntary ambulance service as an enrolled member of such incorporated volunteer fire company, fire department, or voluntary ambulance service will be entitled to a 10% reduction in their taxable value for County tax purposes. B. Any member who has achieved over 20 years of accumulated service shall be considered a life member and the exemption will continue for the remainder of their life if the property serves as their primary residence. C. Any un-remarried surviving spouse of a volunteer who was killed in the line of duty shall continue to receive the 10% exemption if: a. The AHJ certifies that the un-remarried spouse is eligible for the exemption. b. Volunteer had accumulated 5 (five) years of service. c. Residence continues to be the primary residence of the surviving spouse. TB 1-19-23 Page 10 of 12 D. Any un-remarried surviving spouse of a volunteer who passed away shall continue to receive the 10% exemption if: a. The AHJ certifies that the un-remarried spouse is eligible for the exemption. b. Volunteer had accumulated 20 (twenty) years of service. c. Residence continues to be the primary residence of the surviving spouse. Section 3: Terms and conditions. The following terms and conditions shall be applied in the implementation of this article: A. No such exemption shall be granted until a volunteer has achieved a minimum of 2 years of service. Section 4: Effective Date This law shall take effect immediately upon passage and shall be applicable for all assessment rolls filed after this date. R Burger noted that there will be a number of things coming from the sewer plant to be dealt with in February, including a PIO to be heard in March. Appoint DRYC Member – A physical education teacher has agreed to serve as the school’s liaison to the DRYC. RESOLUTION #40 (2023) – APPOINT DRYC MEMBER - MCMENAMIN Cl Sparling offered the following resolution and asked for its adoption: WHEREAS, the previous Dryden Central School (DCS) District liaison to the Dryden Recreation and Youth Commission (DRYC) has since retired as a DCS teacher, and WHEREAS, DCS has informed the Town Board that Patrick McMenamin, a Physical Education teacher and Coach with the Dryden Central School District, is willing to serve as the representative to DRYC from the school district, and WHEREAS, one member of the DRYC “shall be a faculty/staff member or administrator from Dryden Central School with knowledge of students and facilities (e.g., athletic director, guidance counselor, etc.,” according to Recreation and Youth Commission Local Law, BE IT RESOLVED that the Town Board hereby appoints Patrick McMenamin as a member of the Dryden Recreation and Youth Commission in the role of DCS liaison to the DRYC. 2nd Supv Leifer Roll Call Vote Cl Sparling Yes Cl Vargas-Mendez Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes ADVISORY BOARD UPDATES Agricultural Advisory Committee TB 1-19-23 Page 11 of 12 The meeting of the Agricultural Advisory Committee that was scheduled for 1/11/2023 was cancelled. Climate Smart Communities Task Force The Climate Smart Communities Task Force met on 1/3/2023. Dryden has thus far amassed 4,500 points on NYSERDA’s Clean Energy Communities scorecard, placing us second in the Southern Tier region, behind the Village of Montour Falls (at 5,200 points) (see www.nyserda.ny.gov/All-Programs/Clean-Energy- Communities/Tracking-Progress/Scorecard). At 5,000 points, a municipality qualifies for a $70,000 grant, of which there are only 4 available for the Southern Tier region. Montour Falls has already claimed the first of these $70,000 grants, and the CSC Task Force discussed possible avenues to reach the 5,000-point designation. By March 2023, Dryden’s purchase of a hybrid vehicle for Code Enforcement should provide an additional 300 points (for 4,800 points total). Unhappy with the outcome of the DPW office building audit, members of the CSC task force engaged in meetings with the company that undertook the audit and NYSERDA, in an effort to register its displeasure and ask for its $3,400 back. It would seem that the NYSERDA representative has bumped this up in the organization’s hierarchy, due to Dryden’s reputation in taking on climate change, and the possibility exists that Dryden may indeed get its money back. Dryden remains a Climate Smart Bronze-Certified Community with 225 points. Inroads are being made towards the 300-point goal, the minimum needed to become a Silver- Certified Community (of which there are currently only 9 in New York State). The focus of its February meeting will be prioritizing projects that meet the goals of Dryden’s Climate Action Plan and Greenhouse Gas Inventory. Efforts are also being made on the part of Dryden High School to do away with single- use plastic utensils. $1,000 is needed to replace the plastic utensils with metal ones, and the Task Force’s student members are investigating the Green School grant program to cover this cost. In other news, NYSERDA has dubbed Cornell Cooperative Extension of Tompkins Co. (CCE-Tompkins) as the “clean energy hub” for the Southern Tier region. The designation comes with a grant of roughly $3.5m for clean energy outreach, engagement, and educational services led regionally by CCE-Tompkins. Examples run from job training for clean energy industries, providing home energy assessments, helping people find energy incentives and qualified contractors for home renovations that reduce energy use or inc rease the efficiency of home utilities, help obtaining electric vehicle rebates, community solar signups, etc. Additional information may be found at www.ithacavoice.com/2022/12/cce-receives-3-5- million-grant-to-become-clean-energy-hub. Conservation Board The meeting of the Conservation Board that was scheduled for 12/27/2023 was cancelled. Dryden Recreation and Youth Commission TB 1-19-23 Page 12 of 12 The meeting of the Dryden Recreation and Youth Commission (DRYC) that was scheduled for 12/28/2023 was cancelled. Planning Board – The Planning Board still needs alternates. There are a couple of people interested and someone will follow up. They will be putting together a scope of work for the zoning update at their next meeting. They also discussed a project that has been proposed across the street from here and that water and sewer is needed that. Cl Lamb has talked with the Village Mayor about it and will report to the Planning Board. Ray Burger reported that the Village Board of Trustees met last night and received a concept plan from Lucente for the parcel out behind the old A1. That is 952 units built out over 15 years in 3-5 story buildings. The tallest buildings will be clustered in the center of the site so the visual of the street will be the three-story buildings. Rail Trail Task Force – Cl Lamb emphasized the need to go after all available grant opportunities because the town’s local share of the Federally funded grants we have received is significant. He encouraged them to look into applying to the Berkshire Hathaway program. The pedestrian bridge over Route 13 may be constructed and put in place this year. Materials have been ordered for the trail crossing at Game Farm Road. Rick Young noted the Mt Pleasant Road trail crossing needs to be addressed and made safe. Affordable & Workforce Housing Committee – Did not meet. Safety & Preparedness – Did not meet. Broadband Committee – The committee will meet tomorrow. Two people that were most involved on the ground for us have left Hunt Engineers and a new person is expected to be in place next week. The BAN funds will be released shortly; the documents have been signed and returned. Another ReConnect application has been submitted and they will apply to participate in a program for lower income folks. Supv Leifer has asked to schedule a meeting with the Governor’s people to get connected with the state broadband office and possible state funding. CITIZENS PRIVILEGE None There being no further business, the meeting was adjourned at 7:24 p.m. Respectfully submitted, Bambi L. Avery Town Clerk Page 1 of 29 TOWN OF DRYDEN LOCAL LAW NO. ___ FOR THE YEAR 2023 A LOCAL LAW REPEALING AND REPLACING CHAPTER 118 OF THE TOWN CODE ENTITLED “BUILDING CODE ADMINISTRATION AND ENFORCEMENT” Be it enacted by the Town Board of the Town of Dryden as follows: Section 1. Chapter 118 of the Town Code is hereby repealed and replaced as follows: § 118-1 Purpose and Intent. This chapter provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Dryden (“Town”). This chapter is adopted pursuant to Section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, the Energy Code, or other state law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this chapter. § 118-2 Definitions. In this chapter: ASSEMBLY AREA An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. BUILDING PERMIT A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term “Building Permit” shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this chapter. CERTIFICATE OF COMPLIANCE A document issued by the Town stating that work was done in compliance with approved construction documents and the Codes. CERTIFICATE OF OCCUPANCY A document issued by the Town certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the Town, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. CODE ENFORCEMENT OFFICER The Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this chapter. Page 2 of 29 CODE ENFORCEMENT PERSONNEL The Code Enforcement Officer and all Inspectors. CODES The Uniform Code and Energy Code. ENERGY CODE The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law. The Energy Code includes 19 NYCRR Part 1240. In addition the NYStretch Energy Code 2020, published by the New York State Energy Research and Development Authority (hereafter referred to as “NYStretch”), shall be applicable to all new construction, substantial renovations, alterations and additions, as required by the 2020 ECCCNYS as amended by NYStretch. FCNYS The 2020 Fire Code of New York State as currently incorporated by reference in 19 NYCRR Part 1225. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTION An inspection performed to determine compliance with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. HAZARDOUS PRODUCTION MATERIALS A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of- hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. INSPECTOR An inspector appointed pursuant to subdivision (d) of section 3 of this chapter. MOBILE FOOD PREPARATION VEHICLES Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. OPERATING PERMIT A permit issued pursuant to section 10 of this chapter. The term “Operating Permit” shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this chapter. ORDER TO REMEDY An order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 17 of this chapter. Page 3 of 29 PERMIT HOLDER The Person to whom a Building Permit has been issued. PERSON An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. PMCNYS The 2020 Property Maintenance Code of New York State as currently incorporated by reference in 19 NYCRR Part 1226. RCNYS The 2020 Residential Code of New York State as currently incorporated by reference in 19 NYCRR Part 1220. REPAIR The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. STOP WORK ORDER An order issued pursuant to section 6 of this chapter. SUGARHOUSE A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. TEMPORARY CERTIFICATE OF OCCUPANCY A certificate issued pursuant to subdivision (d) of section 7 of this chapter. TOWN The Town of Dryden, exclusive of the Villages of Dryden and Freeville. UNIFORM CODE The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of Title 19 of the NYCRR, adopted pursuant to Article 18 of the Executive Law. UNSAFE BUILDING OR STRUCTURE Any building or structure which is structurally unsound; unsanitary; not equipped with adequate ingress or egress; which constitutes a fire hazard; which has become unsafe by reason of damage by fire, the elements, age or general deterioration; which, in relation to an existing use, constitutes a hazard to public health, safety, or welfare by reason of inadequate maintenance, dilapidation, or abandonment; or which is otherwise dangerous to human life. § 118-3 Code Enforcement Officer and Inspectors. Page 4 of 29 (a) The Office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and this chapter. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and the plans, specifications, and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits, and to include in terms and conditions as the Code Enforcement Officer may determine to be appropriate Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; (3) to conduct construction inspections; inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates of Occupancy, and Operating Permits; fire safety and property maintenance inspections; inspections incidental to the investigation of complaints; and all other inspections required or permitted under any provision of this chapter; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this chapter; (7) to maintain records; (8) to collect fees as set by the Town Board of this Town; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with this Town’s attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this chapter, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code, or this chapter; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this chapter. (b) The Code Enforcement Officer shall be appointed by the Town Board of the Town of Dryden. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. Page 5 of 29 (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, another individual shall be appointed by the Town Board of the Town of Dryden to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of their appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this chapter. (d) One or more Inspectors may be appointed the Town Board of the Town of Dryden to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this chapter. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training, and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the Department of State pursuant to the Executive Law and the regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town. (f) In addition to administering and enforcing the provisions of this local law, the Uniform Code and the Energy Code, the Code Enforcement Officer shall administer and enforce the Town of Dryden Zoning Ordinance, Land Subdivision Rules and Regulations, Mobile Home Ordinance, Mobile Home Park Ordinance and Local Law No. 1 of 1987 (a Local Law for Flood Damage Prevention). (g) The Code Enforcement Officer, Acting Code Enforcement Officer and Inspector(s) shall not engage in any activity inconsistent with their duties, or with the interests of the Town; nor shall they, during the term of their employment, be engaged directly or indirectly in any building business, in the furnishings of labor, materials, supplies or appliances for, or the supervision of, the construction, alteration, demolition, or maintenance of a building or the preparation of plans or specifications thereof within the Town of Dryden. This provision shall not prohibit any employee from engaging in any such activities in connection with the construction of a building or structure owned by them for their own personal use and occupancy, or for the use and occupancy of members of their immediate families, and not constructed for re-sale. § 118-4 Building Permits. (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Town. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: Page 6 of 29 (1) construction or installation of one-story detached structures associated with one- or two- family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet; (2) construction of temporary sets and scenery associated with motion picture, television, and theater uses; (3) installation of window awnings supported by an exterior wall of a one- or two-family dwelling or multiple single-family dwellings (townhouses); (4) installation of partitions or movable cases less than 5'-9" in height; (5) painting, wallpapering, tiling, carpeting, or other similar finish work; (6) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (7) replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications; or (8) repairs, provided that the work does not have an impact on fire and life safety, such as (i) any part of the structural system; (ii) the required means of egress; or (iii) the fire protection system or the removal from service of any part of the fire protection system for any period of time. (c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: 1. a description of the location, nature, extent, and scope of the proposed work; 2. the tax map number and the street address of any affected building or structure; 3. the occupancy classification of any affected building or structure; Page 7 of 29 4. where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and 5. at least 2 sets of construction documents (drawings and/or specifications) which: a. describe the location, nature, extent, and scope of the proposed work; b. show that the proposed work will conform to the applicable provisions of the Codes; c. show the location, construction, size, and character of all portions of the means of egress; d. show a representation of the building thermal envelope; e. show structural information including but not limited to braced wall designs, the size, section, and relative locations of structural members, design loads, and other pertinent structural information; f. show the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; g. include a written statement indicating compliance with the Energy Code; h. include a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site, distances from lot lines, the established street grades and the proposed finished grades, and, as applicable, flood hazard areas, floodways, and design flood elevations; and i. evidence, including for residential structures less than 1500 square feet in size when reasonably required by the Code Enforcement Officer, that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number. (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp, or in the case of electronic media, an electronic marking. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. Page 8 of 29 (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (g) Building Permits to be displayed. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within six (6) months following the date of issuance. Building Permits shall expire twelve (12) months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. Building Permits may only be renewed four (4) times, after which a new application (including the payment of any applicable fees) shall be required. (j) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 17 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. § 118-5 Construction Inspections. (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection. Page 9 of 29 (b) Elements of work to be inspected. The following elements of the construction process shall be inspected, where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues, or gas vents; (9) inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, and high-performance lighting and controls; (10) installation, connection, and assembly of factor manufactured buildings and manufactured homes; and (11) a final inspection after all work authorized by the Building Permit has been completed, a final inspection after all work authorized by the Building Permit has been completed. (c) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform construction inspections, a remote inspection may be performed in lieu of an in - person inspection when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or by such authorized Inspector that the elements of the construction process conform with the applicable requirements of the Uniform Code and Energy Code. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in-person inspection shall be performed. (d) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to the manner in which the work fails to comply with the Uniform Code or Energy Code, including a citation to the specific code provision or provisions that have not been met. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall Page 10 of 29 have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time of each inspection performed pursuant to this section. § 118-6 Stop Work Orders. (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by certified mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by certified mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order, other than work expressly authorized by the Code Enforcement Officer to correct the reason for issuing the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy Page 11 of 29 available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 17 (Violations) of this chapter or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. § 118-7 Certificates of Occupancy and Certificates of Compliance. (a) Certificates of Occupancy and Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance. (b) Issuance of Certificates of Occupancy and Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure, or work prior to the issuan ce of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, (2) flood hazard certifications, (3) a written statement of the results of tests performed to show compliance with the Energy Code, and (4) where applicable, the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. (c) Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; Page 12 of 29 (3) the name (if any), address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the occupant load of the assembly areas in the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate of Occupancy. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate of Occupancy unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate of Occupancy, may be occupied safely, (2) that any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational, and (3) that all required means of egress from the structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate of Occupancy such terms and conditions as he or she deems necessary or appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. A Temporary Certificate of Occupancy shall be effective for a period of time, not to exceed 6 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate of Occupancy. During the specified period of effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate of Occupancy was issued in error or on the basis of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. Page 13 of 29 (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid at the time of submission of an application for a Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate of Occupancy. § 118-8 Notification Regarding Fire or Explosion. The chief of any fire department providing firefighting services for a property within this Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney, or gas vent. § 118-9 Unsafe Buildings, Structures, and Equipment and Conditions of Imminent Danger. Unsafe buildings, structures, and equipment and conditions of imminent danger in this Town shall be identified and addressed in accordance with the following procedures. A. The reason for the determination that the building, structure or equipment is unsafe shall be made and documented by the Code Enforcement Officer. B. The owner of the building, structure or equipment deemed to be unsafe shall be notified of the determination by regular or certified mail as to the specifics of the determination and notified that the building, structure or equipment shall not be used until the noncompliant issues are remedied and reinspected by the Code Enforcement Officer or Inspector making the original determination. C. Unsafe Structures. In the event that the Code Enforcement Officer has condemned any structure located in the Town as an unsafe structure or a structure unfit for human occupancy pursuant to the applicable sections of the Uniform Code, as subsequently renumbered and/or amended, the Town shall have the following remedies in addition to all remedies set forth in State, local or other applicable law: (1) The Code Enforcement Officer shall report recommendations for repair or demolition of the structure in a written report to the Town Board. (2) The Town Board shall consider the report, and if it decides to proceed, schedule a public hearing. Notice of the public hearing shall be published and provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules at least 10 days before the date of the hearing. (3) The Town Board may contract with an engineer or architect to inspect the structure and make recommendations to the Town Board. (4) If, after the public hearing, the Town Board determines that the structure can safely be repaired, it may order the property owner to repair the structure within the time frame set forth in the order. If the Town Board determines that the structure cannot safely be repaired, and should be demolished and removed, the Town Board may order such demolition and removal within the time frame set forth in the order. (5) Subject to the provisions of Subsection (6) below, if the property owner fails to repair or Page 14 of 29 demolish and remove the structure within the time period set forth in the Town Board's order, the Town Board may issue a directive that the Town cause the structure to be repaired or demolished and removed, and bill the property owner for the reasonable direct cost of such repair or demolition and removal, plus legal costs and administrative costs of the Town for administering, supervising and handling such work in accordance with the provisions of this chapter. (6) Prior to issuing a directive that the Town cause the structure to be repaired or demolished and removed, the Town shall apply to the Supreme Court of Tompkins County for an order pursuant to this chapter, declaring: (1) that the structure is in need of repair or demolition and removal; (2) that the Town may repair or demolish and remove the structure; (3) determining the cost of such repair or demolition and removal that will be billed to the property owner pursuant to this chapter; and (4) granting a judgment against the property owner in the amount to be billed to the property owner. If the property owner refuses to grant the Town and its representatives access to the structure and the Town is unable to obtain access pursuant to other provisions of law, the Town may seek an order pursuant to this chapter directing the property owner to give the Town and its representatives access to the structure for purposes of determining whether the structure can safely be repaired or should be demolished and removed. (7) If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of repair or demolition and removal and administrative costs to the Town, as detailed in the bill, together with a statement identifying the property and property owner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. § 118-10 Operating Permits. (a) Operation Permits required. Operating Permits shall be required for conducting any process or activity or for operating any type of building, structure, or facility listed below: (1) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (2) buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS as follows: (i) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust; Page 15 of 29 (ii) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (iii) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; (iv) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (v) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (vi) Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage; (vii) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (viii) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (ix) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse; (x) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (xi) Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces; (xii) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; (xiii) Section 319, “Mobile Food Preparation Vehicles.”; and (3) energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (4) buildings containing one or more assembly areas; Page 16 of 29 (5) outdoor events where the planned attendance exceeds 1,000 persons; (6) facilities that store, handle or use hazardous production materials; (7) parking garages as defined in subdivision (a) of section 13 of this chapter; (8) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of this Town; and (9) other processes or activities or for operating any type of building, structure, or facility as determined by resolution adopted by the Town Board of this Town. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Exemptions. Operating permits shall not be required for processes or activities, or the buildings, structures, or facilities listed in paragraphs (1) through (7) of subdivision (a) of this section, provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 11 (Fire Safety and Property Maintenance Inspections) of this chapter, and condition assessments are performed in compliance with section 13 (Condition Assessments of Parking Garages) of this chapter, as applicable. (d) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or Inspector authorized by the Code Enforcement Officer that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the Town sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fail to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that Page 17 of 29 have not been met. (e) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enfo rcement Officer may, in their discretion, issue a single Operating Permit to apply to all such activities. (f) Duration of Operating Permits. Operating permits shall be issued for a specified period of time consistent with local conditions, but in no event to exceed as follows: (1) 180 days days for tents, special event structures, and other membrane structures; (2) 60 days days for alternative activities at a sugarhouse; (3) Three (3) years years for the activities, structures, and operations determined per paragraph (9) of subdivision (a) of this section, and (4) One (1) year year for all other activities, structures, and operations identified in subdivision (a) of this section. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. (g) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (h) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. § 118-11 Fire Safety and Property Maintenance Inspections. (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) at least once every twelve (12) months for buildings which contain an assembly area; (2) at least once every twelve (12) months for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities; and (3) at least once thirty-six (36) months for multiple dwellings and all nonresidential occupancies. Page 18 of 29 (b) Remote inspections. At the discretion of the Code Enforcement Officer or Inspector authorized to perform fire safety and property maintenance inspections, a remote inspection may be performed in lieu of in-person inspections when, in the opinion of the Code Enforcement Officer or such authorized Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Code Enforcement Officer or such authorized Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Code Enforcement Officer or such authorized Inspector sufficient information to make a determination, an in- person inspection shall be performed. (c) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (d) OFPC Inspections. Nothing in this section or in any other provision of this chapter shall supersede, limit, or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control (“OFPC”) and the New York State Fire Administrator or other authorized entity under Executive Law section 156-e and Education Law section 807-b. Notwithstanding any other provision of this section to the contrary, the Code Enforcement Officer may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a fire safety and property maintenance inspection performed by the Code Enforcement Officer or by an Inspector, provided that: 1. the Code Enforcement Officer is satisfied that the individual performing such inspection satisfies the requirements set forth in 19 NYCRR section 1203.2(e); 2. the Code Enforcement Officer is satisfied that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; 3. such inspections are performed no less frequently than once a year; Page 19 of 29 4. a true and complete copy of the report of each such inspection is provided to the Code Enforcement Officer; and 5. upon receipt of each such report, the Code Enforcement Officer takes the appropriate action prescribed by section 17 (Violations) of this local law. ] (e) Fee. The fee specified in or determined in accordance with the provisions set forth in section 18 (Fees) of this chapter must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. § 118-12 Complaints. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) If a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 17 (Violations) of this chapter; (c) If appropriate, issuing a Stop Work Order; (d) If a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. § 118-13 Condition Assessments of Parking Garages. (a) Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor Page 20 of 29 vehicles, excluding: (i) buildings in which the only level used for parking or storage of motor vehicles is on grade; (ii) an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and (iii) a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. (b) Condition Assessments – general requirements. The owner operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (c) of this section, periodic condition assessments as described in subdivision (d) of this section, and such additional condition assessments as may be required under subdivision (e) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Town, in accordance with the requirements of subdivision (f) of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. (c) Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. Page 21 of 29 (2) Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows: (i) if originally constructed prior to January 1, 1984, then prior to October 1, 2019; (ii) if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and (iii) if originally constructed between January 1, 2003 and August 28, 2018, then prior to October 1, 2021. (3) Any parking garage constructed prior to the effective date of the local law enacting this provision that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment six (6) months after the effective date of this local law. (d) Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. (e) Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Town becomes aware of any new or increased deterioration which, in the judgment of the Town, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (c) of this section, the Town shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Town to be appropriate. (f) Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Town within sixty (60) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: Page 22 of 29 (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in their professional judgment. (g) Review Condition Assessment Reports. The Town shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Town shall, by Order to Remedy or such other means of enforcement as the Town may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (f). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. This section shall not limit or impair the right of the Town to take any other enforcement action, including but not limited to suspension or revocation of a parking Page 23 of 29 garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (h) The Town shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Town with a written statement attesting to the fact that he or she has been so engaged, the Town shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Town shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. (i) This section shall not limit or impair the right or the obligation of the Town: (1) to perform such construction inspections as are required by section 5 (Construction Inspections) of this chapter; (2) to perform such periodic fire safety and property maintenance inspections as are required by section 11 (Fire Safety and Property Maintenance Inspections) of this chapter; and/or (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Town by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. § 118-14 Climatic and Geographic Design Criteria. (a) The Code Enforcement Officer shall determine the climatic and geographic design criteria for buildings and structures constructed within this Town as required by the Uniform Code. Such determinations shall be made in the manner specified in the Uniform Code using, where applicable, the maps, charts, and other information provided in the Uniform Code. The criteria to be so determined shall include but shall not necessarily be limited to, the following: (1) design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2) heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3) flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: Page 24 of 29 (i) the accompanying Flood Insurance Rate Map (FIRM); (ii) Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. (b) The Code Enforcement Officer shall prepare a written record of the climatic and geographic design criteria determined pursuant to subdivision (a) of this section, shall maintain such record within the office of the Code Enforcement Officer, and shall make such record readily available to the public. § 118-15 Record Keeping. (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all condition assessment reports received; (9) all fees charged and collected; and (10) all other features and activities specified in or contemplated by sections 4 through 14, inclusive, of this chapter. (b) All such records are subject to the Freedom of Information Law. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. § 118-16 Program Review and Reporting. (a) The Code Enforcement Officer shall annually submit to the Town Board of this Town a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 14 (Record Keeping) of this chapter and a report and summary of all appeals or litigation pending or concluded. Page 25 of 29 (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of this Town, on a form prescribed by the Secretary of State, a report of the activities of this Town relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, true and complete copies of the records and related materials this Town is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of the Uniform Code and/or Energy Code as may be requested by the Department of State. § 118-17. Violations. (a) Orders to Remedy. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this chapter. A Violation Notice/Order to Remedy shall be in writing; shall be dated and signed by the Code Enforcement Officer; shall specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; shall specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; and shall include a statement substantially similar to the following: “The person or entity served with this Violation Notice/Order to Remedy must completely remedy each violation described in this Violation Notice/Order to Remedy by [specify date], which is thirty (30) days after the date of this Violation Notice/Order to Remedy.” The Violation Notice/Order to Remedy may include provisions ordering the person or entity served with such Violation Notice/Order to Remedy (1) to begin to remedy the violations described in the Violation Notice/Order to Remedy immediately, or within some other specified period of time which may be less than thirty (30) days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within thirty (30) days of the date of such Violation Notice/Order to Remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by this chapter or by any other applicable statute, regulation, rule, local law or ordinance, and which the Code Enforcement Officer may deem appropriate, during the period while such violations are being remedied. The Code Enforcement Officer shall cause the Violation Notice/Order to Remedy, or a copy thereof, to be served on the owner of the affected property personally or by registered mail or certified mail within five (5) days after the date of the Violation Notice/Order to Remedy. The Code Enforcement Officer shall be permitted, but not required, to cause the Violation Notice/Order to Remedy, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail or certified mail within five (5) days after the date of Violation Notice/Order to Remedy; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Violation Notice/Order to Remedy. Page 26 of 29 (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Penalties. In addition to such other penalties as may be prescribed by State law, (1) any Person who violates any provision of this chapter or any term, condition, or provision of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be punishable by a fine of not more than $250 per day of violation, or imprisonment not exceeding 15 days, or both; and (2) any Person who violates any provision of the Uniform Code, the Energy Code or this chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable to pay a civil penalty of not more than $250 for each day or part thereof during which such violation continues. The civil penalties provided by this paragraph shall be recoverable in an action instituted in the name of this Town. (d) Injunctive Relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this chapter, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Order to Remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this chapter, or any Stop Work Order, Order to Remedy or other order obtained under the Uniform Code, the Energy Code or this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of this Town. (e) Exterior Property Maintenance Violations. In the event that a Property Owner fails to comply with the Violation Notice / Order to Remedy of the Code Enforcement Officer to remedy violations of the provisions of the all applicable sections of the Uniform Code, the Energy Code or this local law pertaining to exterior property and the maintenance of exterior property, within the period stated in the Violation Notice / Order to Remedy, the Town shall have the following remedies in addition to all remedies set forth in State, local or other applicable law: (1) If the property owner fails to remedy the condition(s) constituting the violation within the period stated in the Violation Notice / Order to Remedy, the Code Enforcement Officer shall present a compliance and remediation plan (“the Plan”) to the Town Board. The Plan shall detail how the Town may cause the condition(s) to be corrected through reasonable measures and shall include an estimate of the direct cost of such measures, plus legal costs and administrative costs of the town for administering, supervising and handling such work Page 27 of 29 in accordance with the provisions of this local law. (2) If the Town Board adopts the Plan, notice of the Town’s intent to remedy the violation will be provided to the property owner by personal service pursuant to the New York Civil Practice Law and Rules. The notice shall include the following: a. a copy of the proposed Plan; b. that the Town intends to remedy the conditions constituting the violation; c. that the property owner will be billed for the cost of implementing the Plan, in the amount set forth in the Plan, and that upon the property owner’s failure to do so, the cost will be added to the property tax bill for the property; d. that the property owner has 30 days from the date of service of the notice to remedy the condition or request a public hearing before the Town Board on the Plan and the estimated cost thereof. (3) If the property owner requests a public hearing in writing, the Town Board will conduct such hearing and shall publish notice of such hearing and provide a copy of the notice to the property owner by regular and certified mail at least 10 days before the hearing. (4) After such public hearing, the Town Board shall determine whether to modify the plan and/or the cost of measures to remedy the violation. (5) If the Town causes the violation to be remedied in accordance with the Plan, the property owner shall receive a bill for the cost of the remediation as set forth in the Plan, with a notice that if the cost remains unpaid after 30 days, the Town will take the necessary steps to have the cost added to the property owner’s next property tax bill. The bill shall be mailed to the property owner by regular and certified mail. (6) If the sum stated in the bill is not paid within 30 days after mailing thereof to the property owner, the Town may file a certificate with the Tompkins County Department of Assessment stating the cost of abatement and administrative and legal costs to the Town, as detailed in the bill, together with a statement identifying the property and property owner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation. (f) Collection of unpaid fines and penalties: In the event that a property owner fails to pay fines imposed by Town Court for violation of the provisions of the Uniform Code, the Energy Code, the Stormwater Management and Erosion and Sediment Control Law of the Town of Dryden, or this local law, and/or any civil penalties imposed pursuant to the aforementioned codes and Page 28 of 29 laws, and such fines and penalties remain unpaid thirty days after they were levied, the Town may file a certificate with the Tompkins County Department of Assessment stating the amount of the unpaid fine or penalty, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Dryden. The assessment of such costs shall be effective even if the property would otherwise be exempt from real estate taxation.” (g) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this chapter, in any other section of this chapter, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law. § 118-18. Fees. A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter. § 118-19 Intermunicipal Agreements. The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. Section 4. Remainder Except as hereinabove amended, the remainder of the Code of the Town of Dryden shall remain in full force and effect. Page 29 of 29 Section 5. Severability The provisions of this Local Law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 6. Effective Date This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.