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HomeMy WebLinkAbout1985-07-0924 Continued July 9, 1985 Proof of Notice having been furnished by the Town Clerk, the Public Hearing on Proposed Local Law #1 for the year 1985, which Local Law entitled "Flood Damage Prevention Local Law" dealing with the National Flood Insurance Program which will take the place of the amendment to the Land Use Ordinance dealing with the flood plain adopted the 4th day of June, 1973, which ordinance and amendment thereto will be repealed, Public Hearing called to order at 8 :15 P.M. No one appeared voicing any objection to the proposed Local Law #1, 1985 entitled "Flood Damage Prevention Local Law, and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 8 :25 P.M. The Town Board reviewed the Public Hearing on proposed Local Law #1 for the year 1985 entitled "Flood Damage Prevention Local Law, and the following resolution was offered: RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. McElwee: WHEREAS, a Public Hearing has been held on July 9, 1985 at 8 :15 P.M. in the evening thereof on proposed Local Law #1 for the year 1985 entitled "Flood Damage Prevention Local Law ", and WHEREAS, no one appeared objecting to Local Law #1 - 1985, now therefore be it RESOLVED, that said Local Law #1 - 1985 entitled "Flood Damage Prevention Local Law" be and the same is hereby declared duly adopted. Copy of same attached hereto and made a part thereof. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Margaret McElwee, Councilwoman Vote of Town Board . (Aye) Philip Munson, Supervisor Proof of Notice having been furnished by the Town Clerk, the Public Heari -ng on Proposed Local Law #2 for the year 1985, which Local Law entitled "The Electrical Code of the Town of Lansing" which will establish the New York Board of Fire Underwriters as the official agency for conducting electrical inspections within the Town of Lansing, said Public Hearing called to order at 8 :30 P.M. by Supervisor Munson. Ordinance Officer Gary Wood spoke in favor of adopting Local Law #2. No one appeared voicing any objection to the proposed Local Law #2, 1985 entitled "The Electrical Code of the Town of Lansing" and all persons desiring to be heard, having been heard, the Public Hearing was terminated at 8 :40 P.M. The Town Board reviewed the Public Hearing on proposed Local Law #2 for the year 1985 entitled "The Electrical Code of the Town of Lansing" and the following resolution was offered. RESOLUTION offered by Mr. Emmick, who moved its adoption, seconded by Mrs. McElwee: WHEREAS, a Public Hearing has been held on July 9, 1985 at 8:30 P.M. in the evening thereof on proposed Local Law #2 - 1985 entitled "The Electrical Code of the Town of Lansing ", and WHEREAS, no one appeared objecting to Local Law #2 - 1985, now therefore be it RESOLVED, that said Local Law #2 - 1985 entitled "The Electrical Code of the Town of Lansing" be and the same is hereby declared duly adopted. Copy of same attached hereto and made a part thereof. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Margaret McElwee, Councilwoman Vote of Town Board . (Aye) Philip Munson, Supervisor A copy of the minutes of May 14 and May 23, 1985 having been furnished to Members of the Town Board beforehand, the Supervisor asked for a motion to propose corrections or to accept same-as submitted. RESOLUTION offered by Mrs. McElwee, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the minutes as submitted by the clerk be approved. Carried Mr. William Anderson appeared before the board and stated that the boat owners and campers had seen a vast improvement at the Lansing Park. He commended the Park Police, Mr. Huether and Mr. Drew for a job well done: Highway Superintendent Howard Groat stated that he had met with Tompkins Co. Public Works Commissioner, William Mobbs and Mr. Mobbs would like to disburse County monies owed to other municipalities on a quarterly basis rather then monthly. Discussion held by the board, no action taken. (continued) I� I 9' (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ' CMS )OW of .......................TOWN••aF,,LA14S UG................. ...........66.00............... ................. Town YA Local Law No. ................. 1....... ..........................:.... of the year 19 U........ 1 1 A local law ......... ..........................FLOOD DAMAGE PREVENTION........................................................ ............................... ...... .................... (Insert title) Beit enacted by the ...................... .............TOWN „BOARD........ ............................. ............................... of the (Name of LegislatIse Body) �ik>{rX of. LANSING ....................................................................... ............................... as follows: Town.................. ............................... vow JJW(If additional space is needed, please attach sheets of the same size as this and number each) amm FLOOD DAMAGE PREVENTION LOCAL LAW REGULAR PHASE OF THE NATIONAL FLOOD INSURANCE PROGRAM SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1. STATUTORY AUTHORIZATION The People of the State of New York have in The New York State Constitution, Article IX, Section 2, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, be it enacted by the Town of Lansing of the State of New York as follows: 1.2 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: (1) 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 such as water and gas mains, sewer lines, and streets and special flood hazards facilities and utilities electric, telephone, and bridges located in areas of (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 insure that potential buyers 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. 1.3 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this Local Law includes methods and provisions for: (1) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; -2- (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and o -ther development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 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. "Appeal" means a request for a review of the Zoning Officer interpretation of any provision of this law or a request for a variance. "Area of shallow flooding" - (Optional if applicable) means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations within the area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Local Law. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and /or (2) The unusual and rapid accumulation of runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 1 -3- "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map and the water surface elevation of the base flood. "Lowest floor" means lowest level including basement, cellar, crawlspace, or garage of lowest enclosed area. "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) is completed on or after the effective date of this Local Law. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does, it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building, a mobile home,or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either. -4- (1) any project for improvement of a structure existing State or local health, sanitary, specificaticns which are solely necessary living conditions, or to comply with or safety code to assure safe (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this Local Law. Section 3.0 General Provisions 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This Local Law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Lansing 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Lansing , of Tompkins County, New York ", dated 1984 with accompanying Flood Insurance Rate Maps and any revision thereto is hereby adopted by reference and declared to be a part of this Local Law. The Flood Insurance Study is on file in the office of the Town clerk. 3.3 INTERPRETATION, CONFLICT 4lITH OTHER LAWS 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, morals, safety, or the general 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. 3.4 VALIDITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON - COMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this local law and other applicable regulations. Violation of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $ OZSZZ 0�v or imprisoned for not more than 3 O days or both for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Lansing from taking such other lawful action as necessary to' prevent or remedy a violation. -5- 3.6 WARNING AND DISCLAIMER OF LIABILITY T},P degree of flood Drotection 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 Lansing any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. Section 4.0 Administration 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Zoning Officer and may include, but not be limited to, plans in duplicate drawn to scale 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. 4.2 DESIGNATION OF THE ZONING OFFICER AS ADMINISTRATOR OF THE LOCAL LAW The Zoning Officer appointed to administer and implement this denying development permit applications in provisions, is hereby Local Law by granting or accordance with its 4.3 DUTIES AND RESPONSIBILITIES OF THE ZONING OFFICER Duties of the Zoning Officer shall include, but not be limited to. 4.3 -1 PERMIT REVIEW (1) Review all development permits to determine that the permit requirements of this Local Law have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provisions of Section 5.1 -5, Encroachments. 4.3 -2 USE OF OTHER BASE FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 5.2 -19 SPECIFIC STANDARDS, Residential Construction, and 5.2 -2, SPECIFIC STANDARDS, Nonresidential Construction. 4.3 -3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and.record the actual elevation (in relation to mean sea level) of the lowest floor (including basement or cellar of all new or substantially improved structures, and whether l 1 4.3 -4 4.3 -5 -6- or not the structure contains a basement or cellar). (2) For all new or substantially improved f.loodproofed structures: (i) verify and recor& the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 5.2 -2(3). (3) Maintain for public inspection all records pertaining to the provisions of this local law. ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided relocated portion of said watercourse carrying capacity is not diminished. INTERPRETATION OF FIRM BOUNDARIES within the altered or so that the flood Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 VARIANCE PROCEDURE 4.4 -1 APPEAL BOARD (1) The Board of Zoning Appea83 established by Town of Lansing shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Board of Zoning Appeal hall hear and decide appeals when it is alleged there is an error in any requirements, decision, or determination made by the Zoning Officer in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Board of Zoning Appeals or any taxpayer, may appeal such decision to the Supreme Court as provided in The New York State Constitution, Article VI, Section 2. (4) In passing upon such applications, the Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, standards specified in. other section of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger of life and property due to flooding or erosion damage (iii) the susceptibility.of the proposed facility and contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the .7- proposed facility to the community; (v) the necessity to the facility of a waterfrnrr 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 flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) 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 (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 4.4 -1(4) and the purposes of this local law, the Board of Zoning Appeals, may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Board of Zoning Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Insurance Administration upon request. 4.4 -2 CONDITION FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i -xi) in Section 4.4 -1(4) have been fully considered. As the lot size increases beyond the one -half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; i -8- a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 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 as identified in Section 4.4 -1(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5.0 Provisions of Flood Hazard Reduction 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1 -1 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over - the -top and frame ties to ground anchors. Special requirements shall be that: (i) over - the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. 5.1 -2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1 -3 UTILITIES (1) All new and replacement water supply systems shall be r -9- designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from the during flooding. 5.1 -4 SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision 14proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.1 -5 ENCROACHMENTS In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 1 foot at any point. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevations data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or.in Section 4.3 -2, Use of Other Base Flood Data, the following standards are required: 5.2 -3. RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor, including basement or cellar, elevated to or above base flood elevation. 5.2 -2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement or cellar, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall. (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.2. -10- 5.2 -3 MOBILE HOMES (1) Mobile homes shall be anchored in accordance with Section 5.1 -1(2). (2) For new mobile home parks and mobile home subdivisions; for ex- pansions to existing mobile home parks and mobile home subdivis- ions; for existing mobile home parks and mobile home subdivi- sions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, re- construction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest flood of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that. lots are large enough to permit steps, - piling foundations are placed in stable soil no more than ten feet apart, and - reinforcement is provided for pilings more than six feet above the ground level. 6.1 REPEAL The amendment to Land Use Ordinance dealing with the flood plain, adopted by the Town Board of the Town of Lansing the 4th day of June, 1973 and the Amendment thereto, is hereby repealed in total. It is intended that this Local Law is separate and distinct from the Land Use Ordinance. Be it enacted this 9th day of July 1985, by the Town Board of the Town of Lansing of Tompkins County, New York, to be effective. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No.: ..... .1...., ... ..of 19..850 O("99( of the IXKW of ..........L.aui.n.g........... was duly passed by the .....Lans.ing ... T.own... Board.. ................................. (Name of Legislative Body) )Vilxx*x on .... 0 ........ 0.WY.0. 9 .....................19..13.5. in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) 1 hereby certify that the local law annexed hereto, designated as local law No .....................of 19........ County of the City Town Village of....... ..................0000......... was duly passed by the ................................................... ..0............................ (Name of Legislative Body) on............................ ......................19....... not disapproved and was approved by the ...............I........ .......0000.................... repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ................................... .....................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) hereby certify that the local law annexed hereto, designated as local law No.. ................. of 19.......... County City ......... was duly passed by the of the of ............................. ....................................................... ............................... Town (Name of Legislative Body) Village not disapproved on.............................. .....................19........ and was approved by the ..... 0.11 ........ 0........ . .......... 0..1.01 ............. ...... repassed after disapproval Elective Chief ly.xecutive Officer * on .................................................. ....................19......... Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ................................. .................'...19........ , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the local law annexed hereto, designated as local law No. ........... 0 ...... of 19.......... County of the -town of., ..... ........:......I............... was duly passed by the (Name of Legislative Body) Village not disapproved ........ 19........ and was approved by the ............................ .............................on repassed after disapproval Elective Chief Executive Officer * .................................... ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on .................................... ............................... 19........, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. I wry( LANSING of....................................................... ............................... Town Wkw 1 Local Law No. ......................... ...2........................... of the year 19 156610.9 A local law .... .. ............THE „ELECTRICAL ..CODE OF ..THE TOWN „OF. LANSING.,,,,........., .. .. .............. .. ..... .. .. . .... (laaett title) Be it enacted by the ........... .............TOWN..,60ARQ...... ......... ................................. ............................... of the .. (Name of Legislative Body) Townof ......................................LANSING ........................................................... ............................... , VG Mw additional space is needed, please attach sheets of the same size as this and number Page 1 as follows: Town of Lansing Local Law No. 2 of the year 1985 A local law ESTABLISHING THE ELECTRICAL CODE OF THE TOWN OF LANSING Be it enacted by the Town Board of the Town of Lansing as follows: SECTION 1 . TITLE. Thi s Local Law shal l be known as THE ELECTRICAL CODE of the Town of Lansing. 2. STATEMENT OF PURPOSE. Si inherent in the use of electr enacted to regulate the insta light, heat or power and sign in or on all real property wi nce there is dan ical energy, thi 11ation, alterat al systems opera thin the Town of ger to s elect ion of ting on L a n s i n life and property rical Local Law is wiring for electric 50 volts or more, g• 39 NATIONAL CODE ADOPTED. prescribe, All electrical which installations compliance heretofore with mentioned provisions shall be made such in conformity local with the requirements law, ordinance of the National building Electrical code shall Code be except recognized when the provisions of this proper Local Law and the New York State this Uniform Local Fire Prevention Law. and Building requirements Code shal differently prescribe, in which event compliance with the provisions of such local law, ordinance or building code shall be recognized as proper compliance with this Local Law. The requirements of the National Electric- al Code shall be those known as National Fire Protection Association Pamphlet #70, as approved and adopted by the American Standards Assoc- iation. 4. ELECTRICAL appointed Inspe hereby authoriz inspections and and hereafter d event, however, spections be a I ct ed r es w ch N 0 e c i a SPECTOR, The Chief Inspector, and each of the duly rs of The New York Board of Fire Underwriters are and deputized as agents of the Town of Lansing to make inspections of all electrical installations heretofore ribed, and to approve or disapprove the same. In no 11 the cost or expense of such inspectio.ns and rein - rge against the Town of Lansing. 5. DUTIES OF THE ELECTRICAL INSPECTOR. It shall be the duty of the Inspector to report in writing to the Chief Building Inspector, whose duty it shall be to enforce all the provisions of this Code, all vio- lations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all local laws, ordinances and the building code as referred to in this Local Law insofar as any of the same apply to electrical wiring. The inspector shall make inspections and reinspections of electrical installations in and on properties in the Town Office upon the written request of Ordinance or as herein provided. The Insp ec or is authorized to make inspections and reinspections of electrical, wiring installations, devices, appliances and equipment, in and on properties within the Town where he deems it necessary for the protection of life and properl�y, In the event of an emergency it is the duty of the Inspector to make electrical inspections upon the oral request of an offidial or officer of the Town It shall be the duty of the Inspector to furnish written reports Fo the Ordinance Officer of the Town and owners and /or lesser of property where defective a ectrica ins a - ations and equipment are found upon inspection. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this Local Law. He shall direct that a copy of the certificate of compliance be sent to the Town to the att- ention of the Ordinance Officer. 6. VIOLATIONS OF THE LOCAL LAW. It shall be a violation of the Local Law for any person, firm or corporation to install or cause to be ins- talled, or to alter electrical wiring for light, heat or power in or on properties, in the Town until an application for inspection has been filed with The New York Board of Fire Underwriters. It shall be a vio- lation of this Local Law for a person, firm or corporation to connect or cause to be. connected electrical wiring, in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or a certificate of compliance, by the New York Board of Fire Underwriters. J 7. PENALTY FOR VIOLATIONS. Any person shall violate any of the provisions of this L regulation made pursuant thereto shall be gui and shall be a disorderly person, and upon co punished by a fine of not more then Two Hundr day on which such violation continues shall c ense. , firm ocal L lty of n v i c t i ed Fif o n s t i t or corpo aw or any disorder on thereo ty Dollar ute a sep rat ru ly f m s a ara ion who le or conduct ay be nd each to off- B. LOCAL LAW NOT APPLICABLE IN CERTAIN CASES. The provisions of this Local Law shall not apply to the electrical installaions in mines, ships, railway cars, automotive equipment, or the installations or equipment employed by a railway, electrical or communication utility in the exercise of its function as a utility, and located outdoors or in buildings used exclusively for that purpose. This Local Law shall not apply to any work involved in the manufacture, assembly, test or repair of electrical machinery, apparatus, materials and equipment by a person, firm or corporation engaged in electrical manufacturing as their prin- cipal business. It shall not apply to any building which is owned or leased in its entirety by the Government of the United States or the State of New York. 90 NO WAIVER 0 be construed to rel owning, operating, devices, appliances or property caused New York Board of F liability by reason R i c b i ASSU eve f ontro or e y any re Un of an MPTION OF LIABILITY. This Local Law shall not rom or lessen the responsibility of any person lling or installing any electrical wiring, quipment for loss of life or damage to person defect therein, nor shall the Town or the derwriters be deemed to have assume any such y inspection made pursuant to the Local Law. 106 SEPARABILITY CLAUSE. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction such judgment shall be confined in its operation to the part or provision or application dir- ectly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circum- stances and the Town Board of the Town hereby declares that it would, have passed this Local La�w or the r�emainder thereof had such invalid app- lication or invalid provision been apparent. 110 REPEALING PROVISIONS. All Ordinances and Local Laws and parts of Ordinances and Local Laws inconsistent with this Local Law are hereby repealed. 12. EFFECTIVE DATE, This Local Law shall take effect immediately. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. .2 ............... of 19.85.. CKdGX K of the �o YX of ...................Lans.i.ng. UKaW In ....... J.ul.y...9 ..... ......................19....80` was duly passed by the ........... Lans.i.ng... Town ... Boa rd ................I........•.•. ................................................... ............................... ............................... (Name of Legislative Body) in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No.. ...................of 19........ County of the City Town Village of....... was duly passed by the ................................................... ............................... ............................... (Name of Legislative Body) on............................ ......................19....... not disapproved and was approved by the ...... "I...........,... .........1140 .................. repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on ................................... .....................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19.......... County of the City own of . " " "'. "'. " " " " " "' "'.........• was duly passed by the ....................................................... ............................... (Name of Legislative Body) Village not disapproved on.............................. .....................19........ and was approved by the................................ ............................... repassed after disapproval Elective Chief 1xecutive Officer on .................................................. ....................19......... Such local law was submitted to the people by reason of a mandatory referendum, and received the affirmative vote of a majority of the qualified electors voting permissive general thereon at the special election held on ................................. .....................19........ , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum , and final adoption because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19.01..1.1.1 County of the City own of ....... ..I ............................ was dui passed b the (Name of Legislative Body) Village not disapproved AM ...................:... 1111........................... 19........ and was approved by the ............................ .............................on repassed after disapproval Elective Chief Executive Officer ......................................... ....................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................... ............................... 19........, in accordance with the applicable provisions of aw. Mective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 Continued July 9, 1985 Mrs. McElwee discussed the revised Rules and Regulations of the Southern 2b Cayuga Lake Intermunicipal Water Commission Governing the Use and Supply of Water. Discussion by the board, following resolution offered: RESOLUTION offered by Mrs. McElwee, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that the revised Rules and Regulations of Southern Cayuga Lake Intermunicipal Water Commission Governing the Use and Supply of Water, dated 6/1/85, be approved subject to written approval of the Town Attorney. Carried Supervisor Munson discussed the pending HUD & ARC GRANTS. Councilwoman Margaret McElwee remarked on the Lansing Newsletter recently published by the Town of Lansing. A winter edition is being anticipated. Supervisor Munson presented and discussed the Location Map submitted by Cayuga Crushed Stone, Inc. Supervisor Munson presented his monthly report. AUDIT RESOLUTION offered by Mrs. McElwee, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that General Fund bills #321 through #384 totalling $86,309.62 and Highway Fund bills #247 through #289 totalling $46,185.69 be and the same are hereby approved for payment, and be it further RESOLVED, that Water District #2 bills be and the same are hereby approved for payment. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Margaret McElwee, Councilwoman Vote of Town Board . (Aye) Philip Munson, Supervisor NOTICE OF PUBLIC HEARING 'NOTICE is hereby given that the; On motion Jown Board of the -Town of Lan -! , meeting adjourned at the call of the Supervisor ,sing, New York will hold a Pub ,tic Hearing" pursuant to Article 130 of the Town Low and Article NOTICE OF PUBLIC HEARING I XIX din of the Land Use of Lansing, Or- i PLEASE TAKE NOTICE, that Ithe, dinance of the Town of Lansing, i .for the purpose of adopting a Town Board of the Town Lan - r NOTICE OF PUBLIC HEARING 1 sing will hold a public hearing ng of PLEASE TAKE NOTICE, that the Planned Development Area con - the Lansing Town Hall, Route 34,J (Town Board of the Town of Lan - sisting of some 10 acres situated 129 Auburn Road, Lansing, New 'on the easterly side of NorthrTri- sing will hold a Public Hearirig ,York on the 9th day of July 1985, pursuant to Article 130 of the oh be known s "The Horizons" I lot 8:15 P.M. in the evening own Law, for the purpose of I thereof on proposed local Law 11 I and is to be developed by Ale: enacting d proposed Local Law 2 11 'Cim lyinto "villages containing ng !Preve85iontlLo al Low" dAaling� 'New York hBoa dllof Fire (Under -- with.the National Flood'Insur -, 800 to 1500 sq ft. of livingg area. once Program which local lawi !'"Titers as the official agency for Each such villa a is to be a lectrical ins actions proved by the Town Planning iamendmentt oethelLond Use Or-) (within the T own of Lansing. Board before construction. Said Said Public Hearing to be held iPublic Hearin to be held on the dinance dealing with the flood' on the 9th day of Jul 1985 at 19th day of July 1985 at 8:00 P.M. ,plain adopted .the' -4th day of 8:30 a M. of the Lansing Town ;June, 1973, which ordinance fat the Lansing Town Hall, *Route I Hall, Route 34, 29 Auburn Road, 34, 29 Auburn Road, Lansing, amendment thereto will be. Lansing, New York. !New York. g' I� ,repealed. �g Order of the Lansing Townl 1By Order of the Lansing Town I ,By Order of the Lansing Town', y g Board! Board;i Board Jane Bush Horky, Town Clerk Jane Bush Hork Town Clerk? Jane Bush Horky, Town Clerk y' June 27, 1985 'June 27, 1985 _ ne,27, 1985 August 15, 1985 The Lansing Town Board met in an Adjourned Meeting, as called by the Supervisor, on August 12, 1985 at 5:00 P.M. ROLL CALL Philip Munson Supervisor Present Louis Emmick Councilman Present Bert Hilliard Councilman Absent Margaret McElwee Councilwoman Present George Stevens Councilman Absent Jane Bush Horky Town Clerk Present The Supervisor called the meeting to order having the clerk take the Roll Call. RESOLUTION offered by Mrs. McElwee, who moved its adoption, seconded by Mr. Emmick: RESOLVED, that General Fund bills #385 through #395 totalling $8,759.93 be and the same are hereby approved for payment, and be it further RESOLVED, that HUD Project bills of T.G. Miller, Eng., in the amount of $3,500.00 and the bill of Paolangeli Contractor in the amount of $191,304.62 be approved for payment. Vote of Town Board . (Aye) Louis Emmick, Councilman Vote of Town Board . (Aye) Margaret McElwee, Councilwoman Vote of Town Board . (Aye) Philip Munson, Supervisor On motion, meeting adjourned at the call of the Supervisor