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HomeMy WebLinkAboutTB 2025-05-15 attTB 5-15-25 Page 1 of 10 TOWN OF DRYDEN TOWN BOARD MEETING May 15, 2025 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas- Mendez, Cl Christina Dravis, Cl Spring Buck Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Amanda Anderson, Bookkeeper Ray Burger, Planning Director *Cassie Byrnes, Secretary to the Supervisor David Makar, Executive Director, Dryden Fiber *Indicates attendance via Zoom Supv Leifer opened the meeting at 6:05 p.m. Board members and audience recited the pledge of allegiance. TOWN CLERK RESOLUTION #86 (2025) – APPROVE MINUTES Cl Lamb offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the meeting minutes of April 10 and April 17, 2025. 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING PROPOSED LOCAL LAW FLOOD DAMAGE PREVENTION Supv Leifer opened the public hearing at 6:06 p.m. This proposed local law will replace the current Chapter 155 of the Town Code. New FEMA flood maps are in place and new claim forms will be in place in June. The Federal government requires that this local law be in place in order for residents to be able to apply for assistance should there be a need. Ray Burger explained there were some expanded areas and some contracted areas on the new maps. This proposed law uses the DEC model law and includes some of the optional provisions, such as not allowing critical facilities to be built within a flood plain and consideration of cumulative damage. Marty Moseley said that because of the cumulative damage provision in the local law the town will need to petition the NYS Codes Council for a more restrictive local standard . DEC has stated that if the optional provisions were adopted and more stringent than the NYS Code coming out, it will have to go to the Codes Council because it is a stricter local standard than the NYS Residential Code. The town will have to identify why it is a special community and TB 5-15-25 Page 2 of 10 different than other communities in the area. The petition should be submitted within 30 days of adopting the local law. R Burger will prepare the petition. There were no further comments, and the public hearing was l eft open at 6:16 p.m. PUBLIC HEARING SPECIAL USE PERMIT 2150 DRYDEN ROAD Supv Leifer opened the public hearing at 6:16 p.m. Ray Burger explained this is an application for an auto repair garage and was introduced last month. It is located in the solar facility behind Willow Glen Cemetery. This has been before the Planning Board and will likely go back there. He wanted it heard before this board now for the special use permit in case there were other concerns raised. Marty Moseley, of Municipal Relations Consulting, is representing the applicant, Emil Gevorgyan. This auto repair shop is in a building previously used for ag purposes. The applicant was made aware he was in violation of codes and is now in the process of obtaining a special use permit and site plan approval. The leased area is 2.15 acres at 2150 Dryden Road. He will obtain a new address for his business for clarity. They have identified in various colors the parking areas and repair service and waiting areas. There were some concerns from the fire chief about emergency vehicle access, and they are considering moving the vehicle parking area to a lot below the storage building and are investigating turning the private drive into a roadway. They will submit amended plans and are working with an engineer on stormwater issues. The repair shop is 950 feet from the closest residential parcel, 1500 feet to Dryden Road, and 1200 feet to Johnson Road. This appears to be a Type 2 SEQR action. It was noted there are three other repair garages and commercial businesses in the area as well as a cemetery. This would be a compatible use. It is surrounded by solar panels and not easily seen from the road. The applicant has a list of items to address from the Planning Board and is working on that. Residents have received notice of the hearing. Hours of operation are 8:00 a.m. to 5:00 p.m. Monday through Friday, by appointment only. Potential vehicle traffic impact information has been provided. There were no comments from the public. R Burger said the Planning Board will continue to review the site plan and then SEQR action can be taken. There will be a sign of some sort after approval. The applicant is agreeable to moving parking areas to provide emergency vehicle access. The hearing was left open at 6:30 p.m. and will continue on June 19. PROPOSED LOCAL LAW HEARING There were no further comments and Supv Leifer closed the public hearing at 6:32 p.m. The board reviewed part two of the FEAF. RESOLUTION #87 (2025) - DETERMINATION OF TYPE OF ACTION AND SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT FOR PROPOSED LOCAL LAW Supv Leifer offered the following resolution and asked for its adoption: TB 5-15-25 Page 3 of 10 WHEREAS, the Town Board of the Town of Dryden is proposing to adopt a Local Law Repealing and Replacing Chapter 155 entitled Flood Damage Prevention; and WHEREAS, the Local Law has been discussed by the Town Board at length, and the Town Board has carefully considered the nature and scope of the proposed Local Law, and the Town Board now wishes to fully comply with its obligations under SEQRA and the regulations thereunder with respect to the proposed Local Laws; and WHEREAS, pursuant to the regulations, the Town Board has considered the significance of the potential environmental impacts of the Local Law by using the criteria specified in Section 617.4 of the Regulations, and examined the Full Environmental Assessment Form p repared herewith, together with other available supporting information, to identify the relevant areas of environmental concern, and thoroughly analyze the identified areas of relevant environmental concern. NOW THERFORE, BE IT RESOLVED by the Town Board of the Town of Dryden as follows: RESOLVED that the Town Board hereby declares itself lead agency pursuant to SEQRA for this action, finds and concludes that the proposed Local Law is a Type I action within the meaning of 6 NYCRR 617.4 and therefore is subject to review under SEQRA and the regulat ions thereunder, and determines that the review is a coordinated review; and be it further RESOLVED that because this action is an amendment of the Town’s local laws, no other agencies are interested or involved parties to this action; and be it further RESOLVED that based upon an examination of the Full Environmental Assessment Form and other available supporting information, and considering both the magnitude and importance of each relevant area of environmental concern, and based further upon the Town Board’s knowledge of the Type I action and such further investigation of the Local Law and its collective and cumulative potential environmental impacts as the Town Board has deemed appropriate, the Town Board finds and determines that no significant adver se environmental impacts are noted in the Full Environmental Assessment Form for the Local Law and none are known to the Town Board and, therefore, the Local Law will not have a significant adverse environmental impact as a consequence of the foregoing. This resolution shall serve as the Negative Declaration for adoption of the Local Law; and be it further RESOLVED that notice of this Negative Declaration shall be published in accordance with SEQRA and its regulations; and be it further RESOLVED that this resolution shall take effect immediately. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Buck Yes Supv Leifer Yes RESOLUTION #88 (2025) – ADOPT LOCAL LAW REPEALING AND REPLACING CHAPTER 2155 OF THE TOWN CODE ENTITLED FLOOD DAMAGE PREVENTION Supv Leifer offered the following resolution and asked for its adoption: TB 5-15-25 Page 4 of 10 WHEREAS, the Town of Dryden scheduled a public hearing for May 15, 2025 at 6:00 p.m. for Local Law No. 4 of 2025 entitled “A Local Law Repealing and Replacing Chapter 155 entitled Flood Damage Prevention”; and WHEREAS, notice of said public hearing was duly advertised in the official newspaper of the Town and posted on the Town Clerk’s signboard; and WHEREAS, the Tompkins County Planning Department reviewed the Local Law pursuant to GML § 239-m and has issued a report thereon; and WHEREAS, said public hearing was duly held on the 15th day of May, 2025 at 6:00 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof; and WHEREAS, pursuant to Part 617 of the implementing regulations of the State Environmental Quality Review Act, the Town Board of the Town of Dryden determined that adoption of the proposed Local Law constitutes a Type I Action, as defined under said regulations, considered the possible environmental impacts of the Local Law, determined that adoption of said Local Law will not have a significant adverse impact on the environment, and adopted a negative declaration with respect to the Local Law; and WHEREAS, the Town Board, after due deliberation, finds it in the best interest of the Town to adopt said Local Law. NOW, THEREFORE BE IT RESOLVED that the Town Board hereby adopts said local law as Local Law No. 4 of 2025 entitled “A Local Law Repealing and Replacing Chapter 155 entitled Flood Damage Prevention”; a copy of which is attached hereto and made a part hereof; and be it further RESOLVED that the Town Clerk be and hereby is directed to enter said Local Law in the minutes of this meeting and to give due notice of the adoption of said Local Law to the Secretary of State; and be it further RESOLVED that this resolution will take effect upon filing with the Department of State. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Buck Yes Supv Leifer Yes ANNOUNCEMENT The Jim Schug Trail is one of the trails recently listed as one of the best rail trails in Life in the Finger Lakes magazine. HIGHWAY/DPW DEPARTMENT Highway/DPW Superintendent Rick Young reported they paved Watros Road today and have prepped Dug Road for paving. He is waiting to hear from the state how much money the town will receive in aid for his department this year. There is a house being built on the Signal Tower Road off Tehan Road and they will need to upgrade the road for it to be accessible for emergency vehicles. Gas lines are now in place for the generators that will be installed for the TB 5-15-25 Page 5 of 10 Dryden Fiber pods. NYSEG is putting up a more secure fence around its facilities. For years the town has used a driveway to access the town’s water tanks on that property . It appears they may fence off access, and the town needs continued access to the water tanks. Supv Leifer is working on renewal of that lease. The new Chevrolet EV truck is being used for parts runs and such. R Young noted it uses up the battery quicker in cold weather. Cl Lamb said he heard from residents that they were pleased with the drain cleaning done by the town near Dutcher Road. R Young said it is the County’s responsibility, but he was happy to help clear it. The county will have to address the damage the beavers are doing in the area. Cornell engineering students have finished their design work on the trail near Pinckney Road. The cost of the work to be done is below the amount of the grant. A fence will need to be moved and there is some tree work to be done. They did a nice job, and he hopes to be able to get the work done this year. The board can expect an email from Todd Bittner with details. PLANNING DEPARTMENT The Planning Department monthly report has been sent out. The Town received a Safe Streets for All grant to work with twelve other municipalities and Tompkins County to develop safety action plans to identify areas where the safety of our roads can be improved. A draft plan has been developed and is available for review and comment at: https://safestreetstompkins.com/review-plan When finalized this plan will be on the Town Board’s agenda for adoption. The plan will be used when applying for project support in the next grant cycle. The bid opening was last week for the pedestrian bridge over Route 13, and the bids are being evaluated by Erdman Anthony. Cl Lamb reported that the Freese Road bridge project is now being reviewed by State Cultural Affairs. They are still hoping the construction process can begin in 2025. DRYDEN FIBER Executive Director Dave Makar reviewed the summary of his report (attached). Vantage was on site last month for planning purposes and they made several site visits. By this time next month, they will have the project broken into six major phases and are currently working on the first two phases. Still awaiting final confirmation from the state on the final locations list and budget. Some locations have been removed but are still in the GDA agreement. Once this determination is done, we will be able to submit the first grant reimbursement request. Dryden Fiber is now able to serve 1732 parcels, and as of May 1 have 383. On April 3, they went door-to-door to businesses in the Village of Dryden, found interest from twenty of those, and have moved a few forward. A multiple dwelling unit on Library Street now has units signed up for Dryden Fiber. They are hiring a part-time accounting support person and will begin interviewing next week for that position. The person will assist with the MIP reporting, as well as customer billing and collection. They will also be hiring for a marketing position at 25 hours per week to do door-to-door sales, events, and sign management. That will be posted soon. Since terminating Hunt Engineers, R Young has been handling Dig Safe requests. There is a meeting scheduled with a company next week to now manage those. TB 5-15-25 Page 6 of 10 Construction updates include: Route 366 between the FH Fox Bridge and Route 13 has been spliced, and we are now able to serve both sides of Route 366. The Village of Dryden will be completed by the end of summer. Scenic Way and Chelsey are scheduled for next week, and that would finish the Yellow Barn area. The number of subscribers is picking up now that Vantage has completed their assessment of the project. Josh Breitbart, Senior VP at Empire State Development, leading the Connect All Office, will be in Dryden next week to meet with Dryden Fiber staff and visit project sites. A proposal has been drafted for Dryden Fiber to be the bulk rate provider to the INHS project in Varna and will be delivered. INHS will pay a flat fee monthly for each unit, whether they use the service or not. Groundbreaking for the town of Caroline part of the project is expected this fall. Dryden Fiber will participate in the Dairy Day parade at 9:30 a.m. on June 14. The public broadband committee will meet at 10:30 tomorrow. COUNTY BRIEFING None DISCUSSION/ACTION ITEMS Emergency Medical Services Week – RESOLUTION #89 (2025) – EMERGENCY MEDICAL SERVICES WEEK Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week, and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services fills healthcare gaps by providing important, out-of-hospital care, including preventative medicine, follow-up care, and access to telemedicine; and WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and TB 5-15-25 Page 7 of 10 WHEREAS, it is appropriate to recognize the value and accomplishments of emergency medical services providers by designating the Emergency Medical Services Week; now therefore, be it RESOLVED, that the Dryden Town Board hereby proclaims the week of May 18 – 24, 2025, as Emergency Medical Services Week. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Cortland Road Sewer District Rate – The Village of Dryden raised their rates, and the town needs to increase its rate accordingly. RESOLUTION #90 (2025) – INCREASE CORTLAND ROAD SEWER DISTRICT RATE Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the sewer districts served by Cortland Road Sewer District are part of a single sewer district; and WHEREAS, the Village of Dryden increased their rates starting with the 4/15/202 5 billing date; and WHEREAS, no revenues will be generated from property taxes or assessments for the sewer district for the 2025 budget cycle; therefore RESOLVED, effective for usage beginning April 1, 2025, this Town Board hereby establishes the Cortland Road Sewer District sewer rate according to the table below. Usage Sewer Rate 0 -1,000 gal (minimum) 88.28 1,001 -15,000 gal (per thousand) 8.04 15,001 - 40,000 gal (per thousand) 11.41 40,001 - 60,000 gal (per thousand) 12.41 60,001 -100,000 gal (per thousand) 13.15 100,001 - 150,000 gal (per thousand) 14.01 150,001 - 200,000 gal (per thousand) 14.89 200,001 - 300,000 gal (per thousand) 15.75 300,001 - 10,000,000 gal (per thousand) 16.61 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes TB 5-15-25 Page 8 of 10 Disburse Funds to Community Housing Development Fund – The board had previously agreed to make its contribution of $50,000 to the Community Housing Development Fund for the INHS housing project at 5-9 Freese Road. A resolution is necessary to make a disbursement. RESOLUTION #91 (2025) - AUTHORIZATION TO DISBURSE TOWN FUNDS TO THE COMMUNITY HOUSING DEVELOPMENT FUND FOR FREESE ROAD APARTMENTS PROJECT Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Dryden Town Board through Resolutions No. 162 (2019) and No. 47 (2022) authorized funding for the Community Housing Development Fund (CHDF), which provides grant awards to support the construction and rehabilitation of permanently affordable housing units for low- to moderate-income households, and WHEREAS, the CHDF assists with the development costs associated with residential and mixed-use real estate development projects primarily benefiting low- and moderate-income households, and requires that newly constructed or rehabilitated homes supported b y the program are not only made available to low- to moderate-income households, but also remain affordable to future generations of renters and buyers, and WHEREAS, a Notice of Funding Availability was made available to interested parties on March 4, 2024, with a deadline of April 4, 2024, for Round 24 of the CHDF program, and WHEREAS, Ithaca Neighborhood Housing Services (INHS) applied for funding through round 24 of the CHDF to support the construction of fifty-three rental units affordable to households earning between 30% and 80% Area Median Income (AMI) on Freese Road in th e Town of Dryden, and WHEREAS, the CHDF Program Oversight Committee recommended that the proposal receive funding from Tompkins County: $50,000 and Town of Dryden: $50,000. NOW THEREFORE BE IT RESOLVED, that the Town of Dryden authorizes the expenditure of $50,000 of the General (A) Fund, Fund Balance to support the Freese Road Apartments project as recommended by the CHDF Program Oversight Committee, and RESOLVED, further, that the Town Supervisor is authorized to execute agreements in order to effect this grant program consistent with this resolutio n. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Buck Yes Supv Leifer Yes 1400 Dryden Road Special Use Permit Amendment – R Burger said 4 Season Storage is look to add a building (12700 sq ft) on an adjacent parcel they recently purchased. Their current special use permit will need to be amended for this expansion. The hearing was set for June 19 at 6:00 p.m. TB 5-15-25 Page 9 of 10 Hammond Hill State Forest Addition – The DEC has sent a letter that they are considering adding a forty-four acre parcel to the Hammond Hill State Forest. The board has no objection and Supv Leifer will send a letter advising them of that. ADVISORY BOARD UPDATES Affordable Housing – Continued discussion about applying to the County Fund for housing opportunities. They are considering studies of the NYSEG corridor and will continue the discussion at their next meeting. Conservation Board – Discussed a number of topics: o A desire to have an account that community members can donate to for use conservation efforts. There needs to be clarity around the purpose. There may be complex bookkeeping issues. o Submission of items for the town’s monthly newsletter. o Discussion about the Chaffee Road triangle and efforts of a local resident, digging close to the roads and the area being backfilled. They have q uestions regarding what the town has done and what DEC has done. o There was a report on a member meeting with the Climate Smart Task Force and whether the two groups could combine. The Conservation Board is not interested as they provide direction and advise and Climate Smart takes actions. They believe it should stay that way. Planning Board – Reviewed submissions as standard activity. Cl Vargas-Mendez said the Affordable and Workforce Housing Committee structure has a Planning Board member vacancy and would like that representation again. Climate Smart Task Force - Did not meet. Rail Trail Task Force – The board heard tonight about the progress that has been made with the NYSEG washout area. They are relieved that the bridge will likely cost a little less than expected. Erdman Anthony is evaluating the bids received for the pedestrian bridge over Route 13. When that is completed, the board may call a special meeting to award the bid. Ag Advisory Committee – They met last night and discussed the zoning rewrite with John Kiefer who was looking for feedback and concerns . They discussed density and conserving open space. The consultant has been asked to examine incentivized zoning so that a landowner may develop a concentrated area. Recreation & Youth Commission – Two design concepts were received from CHA for development of land near town hall. Those will be discussed at their next meeting, and they will work to schedule a public meeting to go over those. CITIZENS PRIVILEGE None. TB 5-15-25 Page 10 of 10 Other Items – There may be a neighborhood interested in forming a water district and the process to form a district was discussed. This is something to think about when considering concentrating development to preserve space. Cl Lamb inquired about the status of applying for CDBG funding for sewer and/or water for the Hanshaw Road mobile home park. R Burger said he and the engineers are meeting with Cook Properties tomorrow to consider how to proceed. Cl Lamb suggested they also consider possible EFC funding. R Burger said once they have decided what direction they want to go, he will meet with several agencies to see what is available. Supv Leifer said he received a call from Mike Parker of the Freeville Fire Department about increased call volume responses. Supv Leifer said there should be meetings with Freeville and Varna so that the board can make an allocation in June or July. Tim Arnold commented that Dryden was somehow left out of the division of Etna’s territory. In early conversations Dryden was to cover a section of that territory. Cl Dravis has noted that a lot of fire trainings are being paid for. State fire instructors do trainings free of charge. T Arnold responded that there are no state trainers in Tompkins County and those from adjacent counties are not available. There being no further business, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Bambi L. Avery Town Clerk TOWN OF DRYDEN LOCAL LAW NO. ___ OF THE YEAR 2025 A LOCAL LAW REPEALING AND REPLACING CHAPTER 155 ENTITLED FLOOD DAMAGE PREVENTION Be it enacted by the Town Board of the Town of Dryden as follows: Section 1. Chapter 155 of the Town Code entitled “Flood Damage Prevention” shall be repealed and replaced with the following: SECTION 1 STATUTORY AUTHORIZATION AND PURPOSE 155-1 FINDINGS. The Town Board of the Town of Dryden finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Dryden and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. To minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 155-2 STATEMENT OF PURPOSE. It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 155-3 OBJECTIVES. The objectives of this local law are: (l) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2 TERMINOLOGY 155-4 DEFINITIONS. Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. “Accessory Structure” is a structure used solely for parking (two-car detached garages or smaller) or limited storage, represent a minimal investment of not more than 10 percent of the value of the primary structure, and may not be used for human habitation. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also commonly referred to as the base floodplain or l00-year floodplain. For purposes of this Local Law, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard.” "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. "Building" see "Structure." "Cellar" has the same meaning as "Basement." "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. “Critical facilities” means: (1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or water-reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and (4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. “Cumulative Substantial Improvement” means any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50 percent of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non-basement building (i) built, in the case of a building in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (l) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study." "Floodplain" or "Flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is designated in Section 4 of this Local Law. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of l929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" - has the same meaning as "Manufactured home." "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One-hundred-year flood" or "100-year flood" has the same meaning as "Base Flood." "Principally above ground" means that at least 5l percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood- related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. Substantial improvement also means “cumulative substantial improvement.” The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure." "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. “Violation” means the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. SECTION 3 GENERAL PROVISIONS 155-5 LANDS TO WHICH THIS LOCAL LAW APPLIES. This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of Dryden, Tompkins County. 155-6 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard for the Town of Dryden, Community Number 360846 are identified and defined on the following documents prepared by the Federal Emergency Management Agency. (1) Flood Insurance Rate Map Panels: 36109C0115D, 36109C0116D, 36109C0117D, 36109C0118D, 36109C0119D, 36109C0136D, 36109C0137D, 36109C0138D, 36109C0139D, 36109C0141D, 36109C0142D, 36109C0143D, 36109C0144D, 36109C0202D, 36109C0204D, 36109C0206D, 36109C0207D, 36109C0208D, 36109C0209D, 36109C0212D, 36109C0214D, 36109C0216D, 36109C0217D, 36109C0218D, 36109C0219D, 36109C0226D, 36109C0227D, 36109C0228D, 36109C0229D, 36109C0231D, 36109C0232D, 36109C0233D, 36109C0234D, 36109C0236D, 36109C0237D, 36109C0241D, 36109C0242D whose effective date is June 18, 2025. (2) A scientific and engineering report entitled “Flood Insurance Study, Tompkins County, New York, (All Jurisdictions),” dated June 18, 2025. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/or maps are on file at: Dryden Town Hall, Planning Department, 93 East Main Street, Dryden, NY 13053 155-7 INTERPRETATION AND CONFLICT WITH OTHER LAWS. This Local Law includes all revisions to the National Flood Insurance Program through June 26, 2001, and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. 155.8 SEVERABILITY. The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 155-9 PENALTIES FOR NON-COMPLIANCE. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compliance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than l5 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Dryden from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an approved variance under Section 6 will be declared non-compliant and notification sent to the Federal Emergency Management Agency. 155-10 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Dryden any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law, or any administrative decision lawfully made there under. SECTION 4 ADMINISTRATION 155.11 DESIGNATION OF THE LOCAL ADMINISTRATOR. The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions. 155-12 THE FLOODPLAIN DEVELOPMENT PERMIT. A. PURPOSE A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. B. FEES All applications for a floodplain development permit shall be accompanied by an application fee of $250.00. In addition, the applicant shall be responsible for reimbursing the Town of Dryden for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. These fees may be amended from time to time by resolution of the Town Board. 155-13 APPLICATION FOR A PERMIT. The applicant shall provide the following information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved residential structure to be located in a special flood hazard area. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (2) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved non-residential structure to be located in Zones A1-A30, AE, or AH or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Administrator the as-built elevation, certified by a licensed professional engineer or surveyor. (3) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to the Local Administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. (4) A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in Section 5, UTILITIES. (5) A certificate from a licensed professional engineer or architect that any non-residential floodproofed structure will meet the floodproofing criteria in Section 5, NON- RESIDENTIAL STRUCTURES. (6) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. (7) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (8) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. 155-14 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR. Duties of the Local Administrator shall include, but not be limited to the following. A. PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufactured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5, CONSTRUCTION STANDARDS and in particular, SUBDIVISION PROPOSALS. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re-submit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by State or Federal law. B. USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. (3) When an area of special flood hazard, base flood elevation, and/or floodway data are available from a Federal, State or other authoritative source, but differ from the data in the documents enumerated in Section 3, the Local Administrator may reasonably utilize the other flood information to enforce more restrictive development standards. C. ALTERATION OF WATERCOURSES (l) Notification to adjacent municipalities that may be affected and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not dimin- ished. D. CONSTRUCTION STAGE (1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as- built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. E. INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. STOP WORK ORDERS (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3 of this local law. (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non-compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3 of this local law. G. CERTIFICATE OF COMPLIANCE (l) In areas of special flood hazard, as determined by documents enumerated in Section 3, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in under INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as-built lowest floor elevations of structures required, and whether or not the structures contain a basement; (3) Floodproofing certificates required and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 6, VARIANCE PROCEDURES; and, (5) Notices required under Section 4, ALTERATION OF WATERCOURSES. SECTION 5 CONSTRUCTION STANDARDS 155-15 GENERAL STANDARDS. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3. A. SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (l) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and (3) Adequate drainage shall be provided to reduce exposure to flood damage. B. ENCROACHMENTS (1) Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Dryden agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Dryden for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Dryden for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Dryden agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Dryden for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Dryden for all costs related to the final map revisions. (3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, if any development is found to increase or decrease base flood elevations, the Town of Dryden shall as soon as practicable, but not later than six months after the date such information becomes available, notify FEMA and the New York State Department of Environmental Conservation of the changes by submitting technical or scientific data in accordance with standard engineering practice. (4) Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation. 155-16. STANDARDS FOR ALL STRUCTURES. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3. A. ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. B. CONSTRUCTION MATERIALS AND METHODS (l) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE, AO or A, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (i) a minimum of two openings of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade and; (iii) openings not less than three inches in any direction. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. C. UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation, at least three feet above the highest adjacent grade in a Zone A without an available base flood elevation where permitted, or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. STORAGE TANKS (1) Underground tanks shall be anchored to prevent flotation, collapse and lateral movement during conditions of the base flood. (2) Above-ground tanks shall be: (i) anchored to prevent floatation, collapse or lateral movement during conditions of the base flood; or (ii) installed at or above the base flood elevation as shown on the Flood Insurance Rate Map enumerated in Section 3 plus two feet. 155-17 RESIDENTIAL STRUCTURES. A. ELEVATION The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in SUBDIVISION PROPOSALS, ENCROACHMENTS, and STANDARDS FOR ALL STRUCTURES. (1) Within Special Flood Hazard Areas, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, if the Base flood elevation is not specified, a base flood elevation shall be determined by either of the following: (i) Obtain and reasonably use data available from a federal, state or other source plus 2 feet of freeboard, or (ii) Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering practices, plus freeboard. Determinations shall be undertaken by a registered design professional who shall be documented that the technical methods used reflect currently accepted engineering practice. Studies, analyses, and computations shall be submitted in sufficient detail to allow thorough review and approval. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3 plus two feet of freeboard, or not less than 3 feet if a depth number is not specified. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. 155-18 NON-RESIDENTIAL STRUCTURES. The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in SUBDIVISION PROPOSALS, ENCROACHMENTS, and STANDARDS FOR ALL STRUCTURES. (1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non-residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM plus two feet (at least three feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard. (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this section, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 155-18 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The following standards in addition to the standards in GENERAL STANDARDS, and STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii)meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones A1-A30, AE, AH and Zone A shall be elevated on a permanent foundation such that the bottom of the frame of the manufactured home chassis is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone AO, the bottom of the frame of the manufactured home chassis shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3 plus two feet (at least three feet if no depth number is specified). (4) The foundation and anchorage of manufactured homes to be located in identified floodways shall be designed and constructed in accordance with ANCHORING. 155-19 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The following standards apply to new and substantially improved accessory structures, including detached garages, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3. (1) The accessory structure must meet the definition of structure, for floodplain management purposes, provided in 44 CFR § 59.1, where walled and roofed shall be interpreted as having two outside rigid walls and a fully secured roof. (2) The accessory structure should be small, as defined by the community and approved by FEMA, and represent a minimal investment. Accessory structures of any size may be considered for a variance; however, FEMA considers accessory structures that meet the following criteria to be small and therefore not necessarily in need of a variance, if the community chooses to allow it: (i) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to the size of a one-story, two-car garage. (3) Accessory structures must meet the standards of ANCHORING, (4) The portions of the accessory structure located below BFE plus two feet of freeboard must be constructed with flood-resistant materials. (5) Mechanical and utility equipment for the accessory structure must be elevated or dry floodproofed to or above BFE plus two feet of freeboard. (6) Within Zones AO and Zone A, if base flood elevation data are not available, areas below three feet above the highest adjacent grade shall be constructed using methods and practices that minimize flood damage. (7) The accessory structure must comply with the floodway encroachment provisions of the NFIP. (8) The accessory structure must be wet floodproofed to protect the structure from hydrostatic pressure. The design must meet the NFIP design and performance standards for openings per 44 CFR § 60.3(c)(5) and must allow for the automatic entry and exit of floodwaters without manual operation or the presence of a person (or persons). 155-20 CRITICAL FACILITIES. In order to prevent potential flood damage to certain facilities that would result in serious danger to life and health, or widespread social or economic dislocation, no new critical facility shall be located within any Area of Special Flood Hazard, or within any 500-year flood zone shown as a B zone or a Shaded X zone on the Community’s Flood Insurance Rate Maps. SECTION 6 VARIANCE PROCEDURE 155-21 APPEALS BOARD. (l) The Zoning Board of Appeals as established by the Town of Dryden shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the Zoning Board of Appeals, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii)the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv)the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi)the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii)the compatibility of the proposed use with existing and anticipated development; (viii)the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix)the safety of access to the property in times of flood for ordinary and emergency vehicles; (x)the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi)the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii)the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of this section and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 155-22 CONDITIONS FOR VARIANCES. (l) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i- xii) in this section have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i) a showing of good and sufficient cause; (ii)a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii)a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii)such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4 of this Local Law. Section 2. Remainder. Except as hereinabove amended, the remainder of the Code of the Town of Dryden shall remain in full force and effect. Section 3. Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom. Section 4. Effective Date. This Local Law shall take effect immediately upon filing with the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. DRYDEN FIBER MONTHLY REPORT for APRIL 2025 TOWN OF DRYDEN BROADBAND COMMITTEE MEETING on May 2, 2025 And DRYDEN TOWN BOARD on May 15, 2025 EXECUTIVE SUMMARY –5/2/2025 ▪Vantage Site Visit –April 21-22-23 o Phases Planning o In-Person Site Visits: Construction, Pops/CO, MDUs, Challenging Install Areas o MIP: Schedule and Budget Planning ▪The Municipal Infrastructure Program (MIP)Updates: o GDA: Awaiting on final locations list and budget o We are reviewing total MIP budget ($9.9M total; $8.9M grant) ▪We are now able to serve 1,732 parcels (29.6% of the Town of Dryden) ▪We have 383 paying customers (+24 in April);We had 42 in-bound requests ▪4/3/25 -Door to Door Business Tier Sales:Visited 25 businesses, found verbal interest from 20 visits; moved a couple forward EXECUTIVE SUMMARY –5/2/2025 ▪HR / Hiring o Part time accounting support –interviewing next week o Part time marketing –Door to Door sales, sign management, events –job getting posted o Dig Safe –We're meeting with a Dig Safe provider next week (May 21) ▪Construction Updates o Rt. 366 between F.H. Fox bridge and Rt. 13 has been spliced o West Main St., Springhouse finishes the western edge of the village o Scenic Way, Chelsea Circle next week (splicing) -finishes almost all of Yellow Barn area ▪Josh Breitbart, Senior V.P. Empire State Development, leading the ConnectAll Office will be in Dryden next week (Tues -Thurs) (May 20, 21, or May 22) ▪We've drafted a proposal to be the bulk rate provider to an INHS project in Varna (53 units, opening by December 2026) ▪We're estimating a ground -breaking in town of Caroline for October 1 2025 ▪We will be participating in the Dryden Dairy Day Parade on Saturday, June 14, 2025 Draft Goals for 2025 –2/1/2025 ▪As of 4/1/25, we have 364 customers live on the platform ▪Current estimates: o 65 more each month 2025 o 949 total by 12/31/25 (-68 from initial goal) Month Projected New Goal Totals Actual New Actual Totals Diff December 65 240 65 240 0 January 62 302 54 294 -8 February 65 367 42 336 -31 March 65 432 28 364 -6 April 65 497 +22 383 -114 May 65 562 June 65 627 July 65 692 August 65 757 September 65 822 October 65 887 November 65 952 December 65 1017  Project Highlights Project Name:Dryden Fiber Expansion for Towns of Dryden and Caroline Applicant and Partner(s):Town of Dryden dba, Dryden Fiber and Town of Caroline Construction Miles (Fiber): 124.6 Total Locations Served:2,674 ConnectALL Grant Amount:$ 8,995,979.00 Local Contribution:$ 906,321.00 Total Project Investment: $9,902,300.00 MIP Scoreboard Months to go: 10~ ---------- 150~ (6.6%) MIP Miles Completed 210 ---------- 2,735 (7.6%) # of Parcels Reached X ---------- 471 (X%) # of Unserved Reached X ---------- 74 (X%) # of Underserved Reached 35 ---------- 400 (8.5%) # of MIP Installs 20 -------- 30 (66%) Team Reports ▪Customer Base – Amanda, Town of Dryden Bookkeeper ▪Construction Permitting Updates – Vantage ▪Construction Implementation Updates – Vantage ▪Installations – Clarity Connect, Netegrity, Gleamon ▪Sales Operations – Gleamon ▪Finance – Amanda,Town of Dryden Bookkeeper ▪Customer Service - Netegrity ▪Marketing – Exec. Dir. Dave Makar ▪Facilities and Grounds - Department of Public Works ▪Network Operations - Netegrity  Customer Base As of May 1st, 2025 (billing date is 1st of month) Speed Number of Subscriptions Billed Monthly Revenue Net Change from Prior month Average Monthly Revenue Residential Silver ($45)400 Mbps 293 $13,185 +18/-3 Gold ($75)700 Mbps 38 $2,850 4 Platinum ($90)1 Gbps 34 $3,060 Static IP ($20)- Total Residential Customers 365 $19,095 22 $52.32 Commerical Standard ($75)500 Mbps 14 $1,050 Preferred ($150)1 Gbps 3 $450 Enhanced ($250)2 Gbps 1 $250 Total Commerical Customers 18 $1,750 $97.22 Total of ALL Customers 383 $20,845 $54.43 Engineering Updates ▪Location Data Assessment ▪Of the 2,735 locations in-scope of the project, how many are not true BSLs (radio tower, cell tower, barns or sheds without electricity, etc.)? We already have the list of 4 where Dryden Fiber submitted the challenge request ▪In the list of 106 + 3 locations for which additional funding is requested, i.Identify the ones that are not true BSLs (radio tower, cell tower, barns or sheds without electricity, etc.) ii.Identify the ones that are served locations ▪Network Design Update ▪Provide the updated KMZ/shape files showing the routes, poles, splitters, etc. and overlaying all the locations in -scope ▪Provide the current estimated construction mileage (aerial vs. underground) ▪Provide the revised network design approach narrative (the prior pdf file showing phases and routes) ▪Financial Update ▪Provide a detailed breakdown of the incremental funding request, as it corelates to the request of design change for 106 + 3 locations, showing each budget line item change including the calculation and/or justification for each change Engineering Updates ▪Schedule Update ▪Update the project schedule in the Schedule tab ▪Pole Application Update ▪Confirm when the remaining 10 of 30 pole applications are released for processing ▪Identify the additional applications and poles for the missed areas ▪Identify the additional applications and poles for the 106 + 3 locations ▪Procurement and Current POs ▪Provide an assessment of what has been procured till date (delivered, POs, pending RFPs), what are the gaps (if any) and next steps to procure the remaining items ▪Construction Restart ▪Provide an assessment of all the construction gaps and realistic schedule on restarting construction. Please ensure that the dates are reflected in the updated Schedule. Installations As of May 1st, 2025 (billing date is 1st of month) ▪December Install Summary o Number of installations completed this month: 24 o Number of installations pending (as of May 1st): 17 o Installation blockers / questions: ▪Construction continuing   Financial Reporting as of April 30, 2025 Revenue and Expenses Balance Sheet Apr-25 2025 to date 2021 to 2024 4/30/2025 Revenue Assets Customer Subscriptions 20,270.00 69,695.00 62,500.45 Cash 344,879.05 Grants and ARPA funds 624,614.00 1,278,067.17 Accounts Receivable 357.50 Other Revenue Sources 1,625.21 9,662.40 233,326.49 Grants Receivable - MIP 1,102,372.87 Total 21,895.21 703,971.40 1,340,567.62 Total Assets 1,447,609.42 Expenses Construction 845,999.99 1,665,846.59 8,710,189.87 Liabilities Installation 54,825.15 161,812.62 687,482.12 Accounts Payable (est)300,000.00 Operations 16,809.70 66,236.51 306,365.23 BAN 9,460,000.00 Total 917,634.84 1,893,895.72 9,704,037.21 Loan from Town 235,705.64 Total Liabilities 9,995,705.64   Sales Operations As of May 1, 2025 (billing date is 1st of month) ▪Prospects visited on April 3rd around the village of Dryden: East Main, West Main, Elm, South St., North St., Enterprise, Lewis •Total businesses / organizations visited: 25 •Interested (verbal feedback): 20 •Work and research: 4 (follow-up to find the right decision maker) one of which was Willowbrook Manor ▪Worked with Vantage, Syracuse Utilities, Clarity Connect and Graybar to make sure we have inventory stock to continue moving forward with the project ▪Renters – We now have 33 signed agreements and more that are pending. We have a total of 58 possible agreements that we are keeping track of ▪Prospects - We had 24 new installs and 18 scheduled. Also 30 signups that have been contacted and we are waiting for a response ▪Our inventory situation for installations is currently in very good shape Item Description Quantity on hand (1/28/25) Re-order Threshold Lead Time (weeks) Notes Ciena ONUs Ciena devices needed for each customer at their home 480 (6)50 6 We are installing 50 per month. Growth plan has us reaching 75 per month NIDs NIDs needed for each customer at their home to transition the Drop cable to the Prem cable 305 (29)50 X See above for installs per month Plume Devices Optional Wi-Fi Routers for each customer 133 (15)35 X See above, note: 75% of customers take a plume device Drop Cables (25ft-199ft) Used by installation team from MST to NID. 21 (9)10 2 See above for installs per month Drop Cables (200ft+) Used by installation team from MST to NID. 149 (9)50 4 See above for installs per month Prem Cables (100ft) Used by installation team from NID to ONU inside home. 300 (9)50 See above for installs per month Prem Cables (25ft & 50ft) Used by installation team from NID to ONU inside home. 360 (29)50 See above for installs per month Customer Service As of May 1st, 2025 (billing date is 1st of month) Helpdesk Call Report April 2025 •Bandwidth Complaint (Speed Concerns) •0 •Billing Related Call •6 •Downed Drop (Damaged Service Line) •0 •Email (Calls related to email difficulties) •0 •No Connectivity •4 •ONT / Power Cycle (Calls related to the ONT where unplugging or rebooting equipment was necessary) •3 •Other / Unrelated (Calls looking for unrelated departments or information) •24 •Outage •0 •Install Orders / Create Service •28 •Router Issue •4 •PC / Laptop Issue •1 •Sporadic Connection •2 •Streaming Related Issue •0 •User Error / Education •28 •Wireless •2 Tickets: 102 Customers: 383 Jan: 150/294 Feb: 109/336 Mar: 145/364 Ticket / Customer Ratio: 26.6%Jan: 51% Feb: 32% Mar: 40% Note: Install Orders denote an incoming install scheduling request – not a completed install One caller can generate numerous tickets for a single issue (i.e. calls in 5x for same problem) Support@drydenfiber.com 607-391-3500 (direct support number) User Error / Education: User Error / Education: Service inquiry (non-green) Hardware Q's Range Extenders  HR, Admin, and Insurance May 2025 ▪Administrative resources are being stretched thin: We budgeted hiring a part -time accounting clerk to support the project in the 2025 budget •Position has been posted on the Civil Service website until May 5. Will review applicants in coming week. ▪Department of Labor Administration –Workforce Utilization Report •We are required to have all subcontractors report job titles and demographic information project to date (through 31 March 2025) •All subcontractors submitted their reports and the reports have been sent on to NYS DOL ▪Insurance •Dryden Fiber Insurance search has started •Still working on gathering the necessary information in order to get quotes •We are comparing potential providers  Legal and Policy ▪Force Majeure Events •"exclude Force Majeure events, which include outages caused by fire, flood, storms, explosion, loss of commercial power, cable cut, accident, war, acts of terrorism, strike, embargo, epidemic, pandemic, government requirement, civil or military authori ty, condemnation or the exercise of rights of eminent domain; Act of God, inability to secure materials or labor or any other cau ses beyond Dryden Fiber’s reasonable control. Any Force Majeure event will suspend the Service Level Agreement until the Force Majeure event ceases." ▪d. exclude any act or omission of Customer or Customer’s agents, contractors, or vendors including by way of example the following: •failing to provide Dryden Fiber adequate access to facilities for testing and/or repair, •failing to provide access to Customer premises as reasonably required by Dryden Fiber (or its agents) to enable Dryden Fiber to comply with its obligations regarding the Service, •failing to take any remedial action in relation to a Service as recommended by Dryden Fiber, or otherwise preventing Dryden Fiber from doing so, or •any act or omission which causes Dryden Fiber to be unable to meet any of the SLAs; or •interoperability of Customer equipment or applications ▪e. exclude outages occurring during routine Network Maintenance Windows, which occur Sunday- Saturday 12:00 AM -5:00 AM local time; ▪f. exclude instances where customer requests that Dryden Fiber leave a trouble ticket open.  Legal and Policy ▪Current outage calculation (starts at 2 hours) ▪Credit Recommendations for outages •Tony put together research and three recommendations •Option 1A – stepped % monthly fee (hours: 0-4, 4-72, 72+) •Option 1B – stepped % monthly fee (hours: 0-4, 4-36, 36-72, 72+) •Option 2 – direct proportion to outage time based on tier ($0.XX per hour) Length of Service non-Availability Credit 120 minutes to 240 minutes 10% of MRC 240 minutes to 480 minutes 20% of MRC 480 minutes to 960 minutes 30% of MRC 960 minutes to 1,920 minutes 40% of MRC Over 1,920 minutes 50% of MRC Legal and Policy CRM •The operations team met on 23 April and discussed using the Clarity Connect scheduling and messaging platform to help with sign-up requests (currently managed via Netegrity Sharepoint and an online form) and billing (currently managed via 3rd party cloud based billing software) •We'll convene installation members to discuss needs and develop requirements for a solution in Q2  Marketing: Inbound Requests; Website As of May 1st, 2025 (billing date is 1st of month) 9/1/23 12/1/23 3/1/24 6/1/24 9/1/24 10/1/24 1/1/25 2/1/25 3/1/25 4/1/25 5/1/25 Total Under Contract 22 28 (+6) Sept-Nov 32 (+4) Dec-Feb 44 (+12) Mar-May 91 (+47) Jun-Aug 180 (+89) Sept.-Nov. 245 (+65) Dec. 294 (+49) Jan. 336 (+42) Feb. 364 (+30;-2) Mar. 383 (+24,-3) Apr. Requests (since 1/1/23) 174 (+11) 274 (+100) 363 (+89)429 (+66) 638 (+209) 875 (+237)999 (+124) 1152 (+153) 1217 (+65) 1251 (+34) 1293 (+42) Available 38 44**TBD 87 172 (+85)292 (+120)341 (+49)392 (+51) 425 (+33)453 (+28)483 (+30) Not Available 136 226 TBD 342 466 579 658 760 792 798 810 Serviceable Live 76.3%72%TBD 51% (44/87) 53% (91/172) 62% (180/292) 72% 245/341 75% 294/392 79% 336 / 425 80% 364/453 79% 383/483 Website Visits 8/25-9/7 11/17-11/30 2/1-2/29 5/1-5/31 8/1-31 9/1-30 12/1-31 1/1-1/31 2/1-2/28 3/1-3/31 4/1-4/30 Users 226 140 392 516 661 713 945 1k 866 717 559 New Users 211 115 346 471 567 619 852 880 760 597 458 Sessions 324 194 617 739 1104 1110 1444 1741 1323 1250 1000 Engagement (secs.) 0m 46s 42s 1m 30s 58 s 1m 13s 1m 10s 1 m 20 s 1 m 28 s 1m 14s 1m 29s 1m 19s  ▪Door to Door Campaign o Marketing and Sales: Businesses in Green Zone (Dryden Village) o In-person door knocking and conversations o Very positive reception, left green "commercial services" postcards o Shared and dispelled inaccuracies in word-of-mouth ▪New Spring 2025 Postcards o 800 Postcards to all residents in green zone who haven't signed up for service (going back to 2023 mailings), only 30 returned o Positive Trendline for service requests (through 1 May) ▪Social Media Posts ▪Dryden Town Email Newsletter ▪Truck magnets on the Vantage vehicles Marketing As of May 1st, 2025  ▪Dairy Day 2025: Saturday, June 14, 2025 o 9:30am-10:30am Parade o 10:30am-2pm Festival in Montgomery Park ▪Parade Ideas o Stickers o DF Postcards o Car(s):Dave's car; Dan's car (Fast Internet!); subcontractor vehicle (Clarity, Vantage) ▪Festival o Pop-up Banner o Updated Service Map Marketing As of May 1st, 2025 APPENDIX A Meeting Schedule ▪Dryden Fiber Public Broadband Committee – Public reporting on project o 1st and 3rd Friday morning, 10:30am-11:30am (except July and August, 2nd and 4th Friday morning) ▪Dryden Fiber Operations Team Meeting – Construction and Install Collaboration o Every other Wednesday, 10am-11:15am ▪Dryden Fiber MIP Status Call – Meet with Connect All Office to stay on track o Every Tuesday, 1pm-1:45pm ▪Dryden Fiber MIP Steering Committee – Implementation of the Grant o Monthly (Town of Dryden, Town of Caroline) ▪Dryden Fiber Policy Committee – Advise and Recommend on Policy o Monthly  Financial Reporting Review of Construction Costs from beginning of project Subcontractors (Syr. Util., Lghtspd, etc.), 50%Equipment Purchases, 28% Professional Fees (Leg., Eng., etc.), 13% Permit and Pole Applications, 5% Loan interest, 2% Misc Constru ction Exp, 1% Construction Costs 1/1/21 to 12/31/24 Subcontractors (Syr. Util., Lghtspd, etc.) Equipment Purchases Professional Fees (Leg., Eng., etc.) Permit and Pole Applications Loan interest Misc Construction Exp Permitting Steps 1.Final Design Edits = Survey has occurred and Prelim in is design edits 2.Prelim Sent = Sent to Hunt to review/approve and then to NYSEG/Frontier to review 3.Final NYSEG Design Sent = NYSEG reviewing final design before sending the Final Make Ready Package 4.Telco Recon = Telco Review prelim design 5.Frontier Billing Outstanding = Frontier awaiting payment to proceed 6.RFB = Request for Bid sent to contractors 7.MR Construction = Make Ready Contruction - Moves are in progress Other Statuses (from slide 8): ▪Attached – definition... ▪Elec make-ready in process – definition... ▪Telco make-ready in process – definition... ▪Final ELEC Design Input – definition...