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HomeMy WebLinkAbout2005-01-191 REGULAR TOWN BOARD MEETING Date: January 19, 2005 Time: 7:00 p.m. Place: Lansing Town Hall Boardroom AGENDA 1. Call Meeting to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing — 7:05 p.m. Cingular Cell Tower 5. Privilege of the Floor a) Anyone wishing to address the Board. 6, Public Hearing — 8:00 p.m. Storm Water Erosion Control — Local Law # 1 2005 7, Public Hearing — 8:05 p.m. Local Law — Health Insurance Retirement Benefits 8. Engineer's Report 9. Highway Superintendent's Report 10. Code Enforcement Officer's Report 11. Parks and Recreation Department Report 12. Approve Audit 13. Approve Board Minutes of December 30, 2004 & January 05, 2005 14. Board Member Reports 15. Executive Session if Needed 16. Adjourn Meeting 13 kLAI January 19, 2005 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 7:00 p.m. with Supervisor Farkas presiding. The Supervisor lead all present in the pledge of allegiance. The Supervisor called the meeting to order and had the clerk take the Roll Call, ROLL CALL Stephen Farkas Supervisor Present Marty Christopher Councilperson Present Doug McEver Councilperson Present Bud Shattuck Councilperson Present Connie Wilcox Councilperson Present Bonny Boles Town Clerk Present Guy Krogh Town Attorney Present VISITORS: Dave Herrick, Jack French, Dick Platt, Mary Searles, Ryan Janowski, Dave and Adam Buck, Hillis Wilson, Dan Veaner, Evelyn Stevens, Esserlene Gatewood, Larry Zuidema, Al and Deb Chaffee, Jeannie Daley, Debra Bain, Gregory Lawrence, Jim :Lee, Yvonne and Nic Armstrong, Darby Kiley, John and Pamela Coil, Steve Colt, Jeannine Kirby and a couple of other residents. 05 -30 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the Public Hearing on the proposed Cingular Cell Tower be reconvened at 7:05 p.m. Carried. Mr. Farkas opened the floor to the audience. The following were concerns and statements that people had: Al Chaffee: Concerned with the visual impact, the property value impact and the health concerns. Greg Lawrence: Would like to have access to further information regarding the issue. Also asked if it could be considered jointly by other Towns and wanted to know where the dead spots would be. Deb Chaffee: There is substantial evidence that it would diminish property values. Also concerned with health issues. Rvan Janowski — Consultant from Pyramid Network Services: Mr. Janowski passed out multiple packets of information and maps regarding the proposed cell tower. He stated that the expected frequency level is 3,000 times less than what the Federal Communications Commission allows. He also stated that there are no plans at this time for collocation on the tower. Mr. Janowski stated that is costs approximately $700,000.00 to one million dollars per tower, therefore, it would not be feasible to build multiple towers. Other concerns people had were: 1. How will the proximity to high voltage power towers and lines effect the tower's effectiveness? 2. How far from the tower must a telephone user be to get a clear signal? 3. Can the tower help non- Cingular subscribers? At what cost? 4. What will be the tower's impact on radio and TV transmission? 5. Will the tower reduce the homing instinct of racing pigeons? 6. What will the tower look like? C 15 Continued, January 19, 2005 7. Has consideration been given to locating the tower in a commercial area? The Town Highway Department area? The NYS boys school? Bud Shattuck: Mr. Shattuck asked for a removal document and bond. Mr. Janowski said he could get this information. Doug McEver: Asked Mr. Janowski to provide written documentation explaining why the engineer's picked this site versus others. LETTERS THAT WERE E- MAILED OR MAILED: The following letters were also received regarding this matter: Dear Steve, Bud and Dick, Although I am nowhere near as well versed on the details of the proposed cell tower as Susan Brock, I wanted to drop a brief note to echo her concerns about the proposed cell tower on Conlon Road. Although this would have no direct effect on our neighborhood (as Steve and Bud know, I live on Brookhaven Drive in southeast Lansing), I am concerned about the precedent this would set in the Town. Unfortunately, I am not available for tonight's meeting, having only just learned of it last night. But I do hope there will be further open discussion of this issue before the Board makes any decisions that could have permanent consequences for Town residents. Thanks very much for your consideration, Chris Barrett 12 Brookhaven Drive Dear Board Members: We are Lansing residents and highly urge the Board to timely approve the new cell tower to be built by Cingular Wireless. We have very poor receptions in Lansing (e.g., Pyramid Mall) and the areas in and near Northeast elemental and Dewitt Middle schools. This very poor Cingular signal is solely due to the lack of a cell tower in the northeast area of Ithaca. This has caused enormous inconvenience and inefficiency, and it is about time for the Board to act on it right away without any further delay. We have paid enormous property taxes every year with double digit increase every yr, and improved cell communication is the basic need that we, the taxpayers, ask the Board to approve it without any further delay. If you have any question, please feel free to contact us at 257 -2173 (H) or 255 -1938 (0) 0 C. C. and Martha Chu 14 Laura Lane I am unable to attend tonight's public hearing on the proposed Conlon Road cell tower because I have a work meeting I have to attend. Please convey my comments to the Town Board. I have reviewed all of the information Cingular submitted, plus the Planning and Town Board minutes regarding this application. Cingular has not provided all of Imo•: Continued, January 19, 2005 the information required by the Town's cellular tower ordinance. Consequently, the Town should either deny Cingular's application or continue the public hearing until the information is submitted and the Town Board and public have reviewed it. Special Condition 802.24 in the zoning ordinance sets out criteria for communication towers that must be met. One criteria is that "The Town Board is satisfied that the height of such tower, if greater than fifty (50) feet, is essential to its effective operation and that multiple tower structures can not provide coverage." Cingular has provided no information showing the 195 foot height is "essential." Nor has Cingular provided any information that "multiple tower structures can not provide coverage." In fact, Cingular has not even provided information showing the desired coverage area. To be complete, Cingular's application needs to provide the above information as well as the following information required by the tower ordinance: • The tower "is necessary to meet current or reasonably expected demands for services." • The tower "is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility." • The tower "is designed to accommodate future shared use by at least two (2) other telecommunication service providers." At a minimum, the application should show co- located antennas and equipment or provide information about maximum loading (numbers of antennas, types, dimensions, weight, and twist and sway requirements). • "[P]roof that reasonable efforts have been made to co- locate within an existing telecommunications facility or upon an existing structure," including "an adequate inventory report specifying existing telecommunications facility sites" and "an evaluation of opportunities for shared use as an alternative to the proposed location." The applicant must demonstrate the proposed tower "cannot be accommodated" on existing sites in the inventory. • Proof that Cingular has leased a fall zone with "a radius at least equal to the height of the tower and any attached antennae." Cingular did not fill in the blank on the application form that asks about fall zone size. Perhaps this is because Cingular proposes to place its tower in the center of a 100 foot by 100 foot leased parcel, which would result in a fall zone with a radius of 50 feet instead of the required 195 feet. It appears the Town raised this issue at a prior meeting, and Cingular replied the lease could be modified to include a larger area. Cingular needs to provide more by showing a commitment from the landowner to lease the larger area. • Proof of the landowner's "agreement to abide by the ordinance." • Cingular has not submitted "an agreement to remove, within 90 days" the tower and associated facilities "if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than twelve (12) consecutive months." The lease does not contain an agreement with these time triggers and would not be enforceable by the Town. • Cingular has not submitted a "safety analysis by a qualified professional ... certifying that general public electromagnetic radiation exposure does not exceed standards set by the FCC or any permit granted by the FCC." • Cingular has not submitted an "[a] greement that the applicant will negotiate in good faith with any subsequent applicant seeking to co- locate a telecommunications facility" on its structure. In addition, Cingular submitted a flawed SEQRA form. The form incorrectly states the property is not in an Agricultural District. The form also says no vegetation will be removed from the site, but the drawings show the leased area will be graded. The form also incorrectly states the tower is compatible with adjoining /surrounding land uses. 17 Continued, January 19, 2005 Once Cingular submits the missing information, I urge the Town to hire a consultant at Cingular's expense (as provided in the tower ordinance) to evaluate the application and make recommendations as to whether Cingular's conclusions are valid. I also urge the Town to verify that the balloon tests were conducted properly and that the balloon in fact reached a height of 195 feet. Thank you for your consideration of these issues. Susan Brock 355 Luce Road Donna M. Mazza dmm57(a cornell.edu I am also unable to attend the meeting tonight, but I would like to "second" Susan `s comments. It is vitally important that all these issues be investigated before any decision is made on such an important concern for the citizens of the town. Susan has many valid points, and I'm sure that the board will take into consideration any and all of the comments /concerns of the people, before reaching a decision. Thank you. Dear Sirs: I am writing to express my opposition to the building of a new cell tower near the corner of Conlon & Searles Road. When I read of the proposed tower in the Ithaca Journal on 1/8, I was angry at the thought of yet another country field & view being spoiled. I could easily see the balloon on Sunday from just about anywhere as I walked up my road. I have lived under a half mile south of the proposed site for 13 years (when I moved into a pre- existing house) & have been appalled at seeing so much new construction & so many lovely views spoiled in my area, in such a relatively short time. While one tower may not be a problem, it's the endless expansion that scares me & I feel it's got to stop somewhere before we lose even more of our lovely countryside. It also sounded from the article that the tower is being put up for the benefit of very few people. Surely there are existing towers Cingular can use rather than spoil yet another piece of dwindling open space. Thank you for your consideration of my opinion when you make your decision. Sincerely, Leslie Lowenthal 374 Conlon Road p.s. I do not want my name in the paper if further articles are written on this issue. Thank - you. To: Lansing Town Representatives From: Chris Grant, 404 Conlon Road, Lansing Re: Comments regarding proposed cell tower at corner of Searles and Conlon Road. Hi, I am unable to attend the town meeting on January 19th, so this letter represents my opinion regarding the proposed cell tower. My residence and farm, Indian Chimney Farm, is directly across the road from Mary Searles farm, and as such, our residence and view will be the most impacted by this 18 Continued, January 19, 2005 proposed tower. I had a chance this weekend to see the big red balloon that was flown to show tower location and height. I have no issues or concerns with this tower. I believe it will serve us, and other area farms and residences by improving the quality of our communications. Right now, cell phone quality is very poor in our area, and this tower will make it easier and lower cost for the entire town. When not farming, I am an Internet and business professional, and use my cell phone all the time. A local tower will make it easier for me to do business in Lansing, NY. I recommend that you approve Mary Searles' plans for a cell tower on her land. Thank you, Chris Grant Indian Chimney Farm 404 Conlon Road Lansing, NY 14882 (607) 533 -8866 Wednesday, January 19, 2005 Review of Electromainetic Fields I have reviewed the electromagnetic fields associated with Cingular Wireless's proposed cellular telephone facility to be located at 425 Conlon Road, Lansing, Tompkins County, New York. Six cellular antennas will be placed on a 195 foot self support tower. The antennas will be installed with the lower tip at a height of approximately 187 feet above ground level. The six antennas will transmit electromagnetic fields. The antennas are sector type antennas whose signal is directed toward the horizon. The radiation pattern for a sector antenna is fan shaped, like a wedge cut from a pie. Each of the three antennas will transmit in a different direction. A maximum of 8 radios can be used in each sector. Each channel will produce a maximum of 100 watts effective radiated power (ERP). Although it would rarely happen that all channels would be in use at the same time, I made the assumption that a total of 800 watts ERP is emitted continuously from each sector. The Rules and Regulations of the Federal Communications Commission state that the exposure evaluation is required for non - building- mounted antennas if the height above ground level to the lowest point of the antenna less than 10 meters (32.8feet) and the total power of all channels is greater than 1,000 watts ERP. The antennas will be installed at a height that is almost six times higher than the height requiring evaluation. Because of the directional characteristics of cellular antennas, the great majority of the power is emitted in a relatively narrow beam, well above anyone on the ground. Approximate calculations for persons on the ground show that exposures would be at least 3000 times below the Federal Communications Commission radiation exposure limit for the general population. This limit is designed for all people from conception through old age, 24 hours a day, 365 days per year. Joseph Abraham Jr. Systems Engineer Mr. Richard G. Platt, Code Enforcement Officer Town of Lansing, Ordinance Department Box 186 Lansing, NY 14882 Re: Law 19 Continued, January 19, 2005 Review Pursuant to § 239 -1, -m, and —n of the New York State General Municipal Action:Site Plan, Cell Tower located at Searles Road and Conlon Road, Tax Parcel No. 28. -1 -1 1 Dear Mr. Platt: Please be advised that the Planning Department has received the Town of Lansing's request for a site plan review for a cell tower pursuant to § 239 —1 and —m of the New York State General Municipal Law. We have received the application materials. Staff is in the process of reviewing them and will submit comments to the Town within thirty (30) days in accordance with § 239 —1 and —m of the New York State General Municipal Law. After a preliminary review the Department offers the following observations: The application materials are incomplete. Copies of documents submitted to the FCC were not included (see Land Use Ordinance, Appendix II, Section A106.1 If). There is also no information that would enable the Town Board to determine if the height and location of the tower are necessary to meet current or expected demand for services or that this is the most appropriate site among those available for the facility (see Land Use Ordinance, Appendix II, Section A106.2.a and 2.e). For example, in the absence of any documentation of need, it is impossible to assess whether a tower half the height could provide the same coverage. - The application and SEQR forms contain the following errors: The height of the structure and fall zone are left blank on the application. The acreage presently and after completion of the project noted on the SEQR form is listed as unchanged, which is not accurate. If a concrete pad, building, and over 700 foot access road are planned on vacant land, the acreage should change. - The site is located in an agriculture district. Question 18 of the SEQR form states that it is not. - The fall zone must have a radius at least equal to the height of the tower and must be on the property either owned or leased by the applicant (see Land Use Ordinance, Appendix 11, Section A106.4.a). The tower height is 195" whereas the fall zone and leased area are only 100' by 100'. Thank you for the opportunity to review this proposal. Sincerely, Edward C. Marx, AICP Commissioner of Planning After a lengthily discussion, it was decided that the Board needed to get more information and also asked Mr. Krogh to look into the law regarding bill # 5631. 05 -31 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Cingular Cell Tower is hereby adjourned and will be reconvened to take place on February 16, 2005 at 7:05 p.m. Vote of Town Board ... (Aye) Marty. Christopher, Councilperson Vote of Town Board ... (Aye) Doug. McEver, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor 20 Continued, January 19, 2005 Public Hearin — Storm Water Erosion Control — Local Law No. 1 of 2005: 05 -32 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Storm Water Erosion Control — Local Law No. 1 of 2005 is opened at 8:00 p.m. Carried. Mr. Herrick explained the proposed Local Law No. 1 of the Year 2005. There were no questions or comments. 05 -33 RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 8:04 p.m. Carried. ** RESOLUTION 05 -034 Resolution Adopting "Stormwater and Erosion Control" Local Law Number 1 of 2005 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, New York State has mandated that certain areas of the State have in place and established certain Stormwater controls, and the whole. of the Town of Lansing has been designated as a Municipal Separate Stormwater Sewer Systems ( "MS4 ") area subject to such requirements; and WHEREAS, in conjunction with many entities and sources, the Town has been pursuing a compliant set of procedures relative to stormwater and erosion control for over a year; and WHEREAS, the proposed Local Law is on file at the Town Clerk's Office for review by any interested person; and WHEREAS, said proposed Local Law proposes to: (1) define Agricultural Activity, Applicant, Building, Channel, Clearing, Construction Materials, Dedication, Department or "DEC ", Design Manual, Design Storm, Developer, EPA, Erosion, Erosion Control Manual, Erosion Control Facility, Erosion Control Officer ( "ECO "), Grading, Impaired Water, Impervious Cover, Industrial Stormwater Permit, Infiltration, Jurisdictional Wetland, Land Development Activity, Landowner, Large Project, Large Project Phasing, Maintenance Agreement, Nonpoint Source Pollution, Parcel, Point Source Pollution, Pollutant of Concern, Proposed Project, Recharge, Sediment, Sedimentation, Sedimentation Containment, Sediment Containment Facility, Sensitive Aquatic Areas, Site Impervious Cover, Small Project, SPDES General Permit for Construction Activities GP -02 -01 ( "SPDES GP- 02 -01 "), SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP -02 -02 ("SPDES GP- 02 -02 "), Stabilization, State, Stop Work Order, Stormwater, Stormwater Control, Stormwater Control Facility, Stormwater Pollution Prevention Plan ( "SPPP "), Stormwater Runoff, Surface Waters, Town, Town Board, Watercourse, Waterway, and related terms; (2) establish Erosion Control Facility requirements and standards necessary to minimize f i I Continued, January 19, 2005 potential harm to the environment, to promote the public health, welfare and safety and to control and minimize the adverse effects associated with Erosion, Point Source Pollution and Nonpoint Source Pollution and to address the other findings of fact stated in such proposed Local Law; (3) meet the minimum requirements set by measures 4 and 5 of SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP -02 -02 or as amended or revised; (4) require Large Projects to conform to the substantive requirements of the SPDES General Permit for Construction Activities GP- 02 -01, as amended or revised; (6) minimize increases in Erosion generated by Proposed Projects; (7) minimize increases in water pollution caused by Erosion generated by Proposed Projects in order to preserve local water quality; (8) minimize the total annual volume of Erosion that is generated by Parcels during and following Land Development Activities; (9) reduce Erosion, Point Source Pollution and Nonpoint Source Pollution, wherever possible, through Erosion Control Facilities and to ensure that the Erosion Control Facilities within the Town are properly maintained on a perpetual basis (10) designate an Erosion Control Officer ( "ECO "), who shall receive and review all proposed Large Projects and their related Stormwater Pollution Prevention Plans ( "SPPPs ") and forward such proposed Large Projects and SPPPs to the Planning Board; (11) require that Small Project SPPPs be delivered to the ECO; (12) provide for certain exemptions; (13) allow for co- interpretation with the Town's Land Use Ordinance, site plan requirements, and Subdivision Regulations; (14) require Stormwater Pollution Prevention Plans (SPPPs) and set forth requirements therefore, including site maps and construction drawing(s) for each Proposed Project; (15) provide for post construction Erosion Control Facilities in certain circumstances; (16) define Stormwater Pollution Prevention Plan Requirements; (17) require Contractor Certifications as to SPPPs and related items; (18) identify Performance and Design Criteria for Stormwater Control and Erosion and Sediment Containment Facilities, including technical and water quality standards; (19) establish criteria for the Maintenance and Repair of Erosion Control Facilities; (20) provides for Construction and Erosion and Sediment Containment Facility Inspections; (21) provides for Performance, Maintenance, and Construction Completion Guarantees; (22) provides for Enforcement and Penalties, including Notices of Violations, Stop Work Orders, Penalties and fines of up to $5,000.00 and imprisonment for a period not to exceed six months, withholding Certificates of Occupancy, requiring restoration of lands; and (23) requiring reimbursement to the Town for the costs of review of SPPPs, inspections, or SCF maintenance performed by the Town of Lansing, or performed by a third party for the Town of Lansing, including but not limited to engineers or attorneys; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of January, 2005, at 8:00 o'clock P.M., after lawful posting, publication, and notice thereof, to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 1 of 2005, as set forth in its entirety below: TOWN OF LANSING LOCAL LAW NUMBER 1 OF 2005 STORMWATER AND EROSION CONTROL The Town Board of the Town of Lansing, New York, pursuant to a Resolution dated January 19, 2005, does hereby pass a Local Law as follows: 21 W Continued, January 19, 2005 Article 1. General Provisions Section I.A. Definitions: The following terms have the following meanings when used in this Local Law: Agricultural Activity - the pre- existing activities and Building(s) of an active farm or ranch. Agricultural Activity includes grazing and watering . livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but does not include the operation of a dude ranch (or similar operation) or the construction of any new Buildings associated with an Agricultural Activity. Applicant - a property owner or agent of a property owner who has filed an application for a proposed Land Development Activity. Building - any structure, either temporary or permanent, having a roof and designed for the shelter or use of any person, animal, property or agricultural and /or business operation, and containing or sheltering 100 square feet or more of surface area. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing - any activity, including but not limited to grubbing, wasting, and razing, that removes pre- existing vegetative surface cover and /or related root structures from a Parcel. Construction Materials - construction and construction related materials and waste materials. Dedication - the deliberate appropriation of a Parcel or a portion of a Parcel by its owner to the Town for general public use and /or welfare. Department or "DEC" - the New York State Department of Environmental Conservation. Design Manual - the current or most recent version of the New York State Stormwater Design Manual, including applicable updates, which herein serves as the official guide for Stormwater Control principles, methods, and practices. Design Storm — an engineering specification that applies to the Stormwater Runoff potential of a meteorological event, such as a "ten - year storm," or a "hundred -year storm," which may precipitate a specific and measurable quantity of water in either a liquid or solid state upon a Parcel during a specified length of time. Developer - any person or company who undertakes a Proposed Project. EPA — The United States Environmental Protection Agency. Erosion — Stormwater Runoff and Sedimentation Erosion Control Manual - the most recent version of the New York Standards and Specifications for Erosion and Sediment Containment manual, commonly known as the "Blue Book ". 0 Continued, January 19, 2005 Erosion Control Facility — a Sedimentation Containment Facility, a Stormwater Control Facility, or any combination thereof that is installed within a Proposed Project. Erosion Control Officer ( "ECO ") — an employee, agent, or officer appointed by the Town to accept and review and forward Stormwater Pollution Prevention Plans ( "SPPP ") to the Town and to inspect Erosion Control Facilities within the Town. Grading — excavation and /or fill of rock, soil, or other material(s), including the resulting conditions thereof. Impaired Water — Water whose purity has been diminished by pollution and /or Sedimentation. Impervious Cover — any surface, improvement, structure and /or Building that prevents or substantially reduces an underlying soil's ability to effectively infiltrate Stormwater and otherwise acts to increase Stormwater Runoff or other water accumulating conditions. Industrial Stormwater Permit — a New York State Pollutant Discharge Elimination System ( "SPDES ") permit, issued to a commercial industry or group of industries, that regulates the pollutant levels associated with industrial stormwater discharges or specifies on -site Pollution Control Facilities. Infiltration — the process by which Stormwater or other water percolates into the soil or subsoil. Jurisdictional Wetland — an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." Land Development Activity — any construction activity, including but not limited to Clearing, Grading, excavating, soil disturbance, or placement of fill that results in land disturbance of: (I) equal to or greater than one acre; or (ii) less than one acre, but part of a larger common plan of development or sale, even though multiple, separate and distinct Land Development Activities may occur upon the land at different times and /or upon separate schedules; or (iii) less than one acre, but part of a prior project not previously subject to this Local Law. Landowner — the legal or beneficial owner of one or more Parcels, including those persons or companies who hold the right to purchase or lease a Parcel, or any other person or company who holds proprietary rights in a Parcel. Large Project — a Land Development Activity that occurs upon a Parcel located within the Town. Large Project Phasing — conducting Large Projects upon a Parcel or several Parcels in distinct phases, pieces, or parts, with the construction of Erosion Control Facilities upon each Parcel commenced and /or completed prior to conducting Large Projects upon proximate Parcels. Maintenance Agreement — a legally recorded document that acts as a property deed restriction, and which provides for the long -term maintenance, whether through easements and rights -of -way, or otherwise, of a developed Parcel's Erosion Control Facilities. 23 24 Continued, January 19, 2005 Nonpoint Source Pollution - pollution that originates from any source other than from any specific, discernible, confined, and /or distinct source. Nonpoint Source Pollution includes, but is not limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal, industrial and urban surface and subsurface water sources that cannot be specifically traced to their points of origin. Operator — each person or entity that owns or leases the property or Parcel upon which any Land Development Activity occurs. Parcel — a distinct tract, lot, portion, or piece of land upon which an Applicant, Developer, Landowner, Operator, or other person or entity conducts or proposes to conduct a Land Development Activity. Planning Board — the Planning Board of the Town of Lansing, New York. Point Source Pollution - a specific, discernible, confined, and /or distinct Land Development Activity or other land use that generates concentrations of liquids or solids, including but not limited to: organic and inorganic chemicals, hydrocarbons, trace metals, heavy metals, metal deposits, Construction Materials, hazardous materials, toxicants, bio- masses, carcasses, tires, discards, waste, by- products, litter and other pollutants recognized by the EPA and /or the DEC. Pollutant of Concern — any Erosion and /or pollution that is generated by a Proposed Project and that is subsequently discharged into any Surface Waters, Proposed Project — either a Large Project or a Small Project that is presented to the Town for approval. Recharge - the replenishment of water reserves, either above or under the ground. Sediment — any chemical, mineral, metal, rock, soil and /or compound, or mixture thereof, that has been exposed and /or eroded and that is subject to transport from one site to another by means of water, ice, wind, gravity or other naturally occurring means. Sedimentation — the process by which Sediment is transported from a Parcel and deposited upon another Parcel by means of water, ice, wind, gravity or other naturally occurring means. Sedimentation Containment —a practice, methodology, measure, act, design, or any combination thereof that reduces or prevents Sedimentation. Sediment Containment Facility — a physical application of Sedimentation Containment that reduces or prevents Sedimentation away from a Proposed Project. A Sedimentation Containment Facility may include, but is not limited to: a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A Sedimentation Containment Facility may be utilized and /or built in conjunction with a Stormwater Runoff Facility. Sensitive Aquatic Areas — any fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs and /or habitats for wildlife or any threatened, endangered, or special concern species. 25 Continued, January 19, 2005 Site Impervious Cover — any and all Impervious Cover that is built, attached or deposited upon a Parcel. Small Project — any construction activity, including but not limited to: Clearing, Grading, excavating, soil disturbance or placement of fill that results in land disturbance of less than one acre, that is not part of a larger T common plan of development or an actual larger development, and that j occurs upon a Parcel located within the Town. 1 SPDES General Permit for Construction Activities GP -02 -01 ( "SPDES GP- 02 -01 ") - A SPDES permit that acts to regulate an Applicant's, Developer's, Landowner's, or Operator's Land Development Activity. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP -02 -02 ( "SPDES GP- 02 -0211) - A permit issued under SPDES to municipalities that acts to regulate discharges from municipal separate stormwater sewer systems in order to comply with EPA water quality standards and/or SPDES specified stormwater control standards in the State. Stabilization — a physical, tangible effort made in order to stabilize soil and vegetation upon a Parcel that acts to reduce or prevent Sedimentation or Stormwater Runoff, such as an Erosion Control Facility. State — the State of New York Stop Work Order - any order issued that requires that all construction activity occurring upon a Parcel cease and be stopped. Stormwater - rainwater, surface runoff, snowmelt, icemelt, and related naturally occurring surface water accumulation. Stormwater Control - a practice, methodology, measure, act, design or any combination thereof that reduces or prevents Stormwater Runoff. Stormwater Control Facility — a physical application of Stormwater Control that reduces or prevents Stormwater Runoff away from a Proposed Project. A Stormwater Runoff Facility may include, but is not limited to: a building, a facility, a planting, a control, a device, whether structural or nonstructural, or any combination thereof. A Stormwater Runoff Facility may be utilized and /or built in conjunction with a Sedimentation Containment Facility. Stormwater Pollution Prevention Plan ( "SPPP ") - a plan for controlling Sedimentation and Stormwater Runoff from a Parcel during and following Land Development Activities. Stormwater Runoff - Stormwater flow upon or under the surface of the ground, including above or below ground flow in any Channel, Watercourse, or Waterway. Surface Waters - lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), that are wholly or partially within or bordering the Town, or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons, that may meet the criteria of this definition are Cpl•, Continued, January 19, 2005 not Surface Waters unless they were created in natural Surface Waters or resulted from the impoundment of Surface Waters. Town — The Town of Lansing, New York. Town Board — The Town Board of the Town of Lansing. Watercourse - a permanent or intermittent stream or other body of water, either natural or man -made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a Watercourse or to a storm drain. ZBA — the Zoning Board of Appeals of the Town of Lansing. Section I.B. Findings of Fact: It is hereby determined that: I.B.I. Land Development Activities and increases in Site Impervious Cover within the Town adversely impact the hydrologic responses of the Town's watershed and increase Sedimentation and Erosion rates and volumes, flooding, and stream channel Erosion; 1.B.2. Erosion increases the quantities of water -borne pollutants that adversely impact the environment; such water -borne pollutants include, but are not limited to, the diminution or destruction of the size and /or quality of Sensitive Aquatic Areas; 1.B.3. Land Development Activity acts to increase Erosion and contributes to the loss of native vegetation and vegetative diversity necessary and useful for terrestrial and aquatic habitat, such as Sensitive Aquatic Areas; 1.B.4. Improper design and construction of Erosion Control Facilities acts to increase the rate of Erosion within the Town; 1.B.5. Impervious Covers act to increase Erosion and to decrease the rates of groundwater Recharge and stream base flow within the Town; 1.B.6. Land Development Activities, Impervious Covers and the improper design, construction and implementation of Erosion Control Facilities act to create economic and ecological losses by adversely impacting the soil and waters of the Town; 1.B.7. Erosion, Point Source Pollution, and Nonpoint Source Pollution may be partially controlled and minimized through the effective design, construction and implementation of Erosion Control Facilities; 1.B.8. Town regulation of Erosion from Proposed Projects is in the public interest, will act to minimize adverse impacts upon the environment, will act to promote the public health, welfare and safety and will act to control and minimize increases in Erosion, Point Source Pollution and Nonpoint Source Pollution, and; 1.B.9. Town regulation of Proposed Projects by establishing performance standards governing Erosion Control Facilities will act to mitigate the adverse effects of Erosion that may result from Proposed Projects. 27 Continued, January 19, 2005 Section I.C. Purpose: The purpose of this Local Law is to establish Erosion Control Facility requirements and standards necessary to minimize potential harm to the environment, to promote the public health, welfare and safety and to control and minimize the adverse effects associated with Erosion, Point Source Pollution and Nonpoint Source Pollution, and to address the other findings of fact stated in Section 1.B., above, by achieving the following objectives: I.C.I. Meeting the minimum requirements set by measures 4 and 5 of SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit no. GP -02- 02, as amended or revised; 1.C.2. Requiring Large Projects to conform to the substantive requirements of the SPDES General Permit for Construction Activities GP- 02 -01, as amended or revised; 1.C.3. Minimizing increases in Erosion generated by Proposed Projects; 1.C.4. Minimizing increases in water pollution caused by Erosion generated by Proposed Projects in order to preserve local water quality; 1.C.5. Minimizing the total annual volume of Erosion that is generated by Parcels during and following Land Development Activities; and 1.C.6. Reducing Erosion, Point Source Pollution and Nonpoint Source Pollution, wherever possible, through Erosion Control Facilities and to ensure that the Erosion Control Facilities within the Town are properly maintained on a perpetual basis. Section I.D. Statutory Authority: In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town Board has the authority to enact and amend local laws for the purpose of promoting the health, safety or general welfare of the Town and to protect and enhance the Town's physical environment. As part of such local laws, the Town Board may appoint muni cipal officers, employees, or independent contractors to effectuate, administer and enforce such laws. Section 1.E. Application: In applying this Local Law, each of the following shall apply: I.E.I. This Local Law shall be applicable to all Proposed Projects as defined in section 1.A., above. LE.2. The Town shall designate an Erosion Control Officer ( "ECO "), who shall receive and review all proposed Large Projects and their related Stormwater Pollution Prevention Plans ( "SPPPs ") and forward such proposed Large Projects and SPPPs to the Town Board, The ECO may (a) review the proposed Large Projects and SPPPs; and (b) upon approval by the Town Board, engage the services of the Town engineer to review the proposed Large Projects and SPPPs and related documents; or (c) accept the certification of licensed professionals that the proposed Large Projects and SPPPs conform to the requirements of this Local Law, 1.E.3. All proposed Large Projects and related SPPPs are subject to review and approval by the Planning Board, and shall be reviewed subject to the standards contained in this Local Law. • Continued, January 19, 2005 LEA. All proposed Small Projects that are not subject to review by the Planning Board, as stated in Section 1.E.3, above, are required to submit Small Project SPPPs to the ECO, who shall approve or reject such SPPPs according to the requirements of this Local Law. 1.E.5. Any Land Development Activity, SPPP, or other or related plan or proposal that envisions or purports to transfer, sell, assign, or grant to the Town any rights in and to any Parcel, or any interest therein, including but not limited to the dedication of any part of a Parcel, or the granting of rights -of -way or easements therein, shall be subject to the final review and approval of the Town Board. Section I.F. Exemptions: The following activities are exempt from review under this Local Law: I.F.I. Agricultural Activities as defined in Section LA above. 1.F.2. Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the County Soil & Water Conservation District or the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to the requirements of this Local Law as Proposed Projects. 1.F.3. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of pre- existing Buildings and /or any Site Impervious Cover attached to or contiguous to such Buildings. 1.F.4. Repairs to any Stormwater Control Facility ordered by the ECO. 1.F.5. Cemetery graves. 1.F.6. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. 1.F.7. Emergency activities (as determined by the ECO) made in order to protect against immediate threats to life, property, or the environment within the Town. 1.F.8. Activities of persons who engage in home gardening by growing flowers, vegetable and other plants primarily for use by those persons and their families. LF.9. Landscaping and horticultural activities performed in connection with an existing Building. Article 2. Construction with Zoning Laws Section 2.A. Definitions: The terms used in this Local Law or in documents prepared or reviewed under this Local Law shall have the meaning as set forth in Section I.A. above. Section 2.13. Stormwater Pollution Prevention Plans (SPPPs): 2.B.1. Stormwater Pollution Prevention Plan Requirements: No application for approval of proposed Large Projects, including their related SPPPs, shall be reviewed by the Town Board or the Planning Board until the ECO receives, reviews and forwards such proposals to the Town Board or the Planning Board, which, �y L Continued, January 19, 2005 respectively, shall approve or reject such Large Project SPPPs according to the requirements of this Local Law. Proposals concerning Small Projects, including their related SPPPs, shall be received and reviewed by the ECO, who shall approve or reject such SPPPs according to the requirements of this Local Law. 2.B.2. Contents of Stormwater Pollution Prevention Plans (SPPPs). ii 1B.2.1. Each SPPP shall contain the following information concerning a Proposed Project's Erosion Control Facilities: (a) Background information concerning the scope of each Proposed Project, including the location, type, physical size, estimated cost, duration of the Land Development Activity, and the anticipated life -span of the Proposed Project; (b) Site maps and construction drawing(s) for each Proposed Project, including a general location map. At a minimum, a site map must show or account for the total site area; all proposed improvements; areas of land disturbance; areas of land that will not be disturbed; areas of pre- existing and proposed vegetative cover; locations of on -site and adjacent off -site Surface Water(s); a delineation of watershed boundaries within which the Proposed Project is located; areas of wetlands and drainage patterns that could be affected by the Land Development Activity; areas of existing and proposed final slopes; locations of off -site material, waste, borrow or equipment storage areas; and location(s) of the proposed Erosion Control Facilities and their related discharge(s), if any; (c) A description of the pre- existing soil, vegetative surface cover and Site Impervious Cover present at the Proposed Project; (d) A Land Development Activity phasing plan describing the intended sequence of construction activities, including Clearing and Grading; utility and infrastructure installation, and any other activity at the site that results in soil disturbance. No more than 1 acre may be disturbed with respect to a Large Project unless disturbed pursuant to an approved SPPP; (e) A description of the measures that will be used to minimize, control, prevent and /or dispose of Point Source Pollution and /or Nonpoint Source Pollution created, discovered, or exposed as a result of the Proposed Project; (f) A description of the types, quantities, sizes and disposal methods concerning Construction Materials expected to be stored on -site with updates as appropriate, and a description of the measures taken to reduce the release, discharge or effluence of pollutants from the Construction Materials, including but not limited to the construction and /or utilization of temporary or permanent storage facilities to minimize exposure of such Construction Materials to the environment, and to prevent pollution spills and the release, discharge or effluence, if any, from such Construction Materials and the response measures to be taken by the Developer in the event that any spill, release, discharge or effluence takes place with respect to the Construction Materials; (g) The temporary and permanent structural and vegetative measures to be used for Stabilization and Erosion Control concerning each stage of a Proposed Project, from initial Clearing to project close -out; (h) A site map /construction drawing(s) specifying the location, size and expected life -span of each Erosion Control Facility; 30 Continued, January 19, 2005 (i) The dimensions, material specifications, and installation details for each Erosion Control Facility within a Proposed Project, including the siting and sizing of any temporary Sediment and Stormwater Runoff catch basins; (j) A list of each Erosion Control Facility within a Proposed Project that will be converted from temporary to permanent condition; (k) An implementation schedule, including the timing of initial placement and the duration for staging, of each temporary Erosion Control Facility within a Proposed Project; (1) A list of the maintenance and operating procedures as well as the schedule necessary to ensure the effective operation of each permanent Erosion Control Facility within a Proposed Project; (m) The name(s) of any Surface Water(s) that will receive Stormwater Runoff and /or Sedimentation from the Proposed Project; (n) A Delineation of SPPP implementation responsibilities for each part of the Proposed Project; (o) A Description of the Erosion Control Facilities built to divert Erosion flows from exposed soils, to store Erosion flows, or otherwise limit the discharge of Erosion and pollutants from the Proposed Project site; and (p) Data that accurately reflects (i) the current and projected Erosion rates generated by the Parcel, and (ii) current and projected Erosion rates to be generated in the future by the Proposed Project. 113.12. Land Development Activities that meet any of Conditions "A ", "B ", or "C" below shall also include water quantity and water quality controls (post- construction Erosion Control Facilities) as set forth in Section B.2.3, below, as applicable: (a) Condition A — Large Projects discharging a Pollutant of Concern to either (1) an Impaired Water identified on the DEC's 303(d) list of Impaired Waters or (2) a DEC Total Maximum Daily Load (TMDL) designated watershed for which pollutants in Stormwater Runoff have been identified as a source causing the condition of the Impaired Waters. (b) Condition B - Large Projects disturbing 5 or more acres of land. (c) Condition C - Land Development Activities disturbing between 1 and 5 acres of land during the course of Large Projects, exclusive of the construction of single - family 10 residences that result in the disturbance of less than 1 acre. 1B.23. SPPP Requirements Necessary to Meet Conditions 2.13.2.2 (a), (b) and (c), above: (a) All information required in Section 2.13.2.1, above; (b) A description of each post- construction Erosion Control Facility; Continued, January 19, 2005 (c) A site map and construction drawing(s) showing the specific location(s) and size(s) of each post- construction Erosion Control Facility; (d) Hydrologic and hydraulic analyses concerning all structural components of the Erosion Control System necessary to physically control the Erosion caused by a Design Storm; (e) A comparison of post - development Erosion conditions with pre- development conditions; (f) The dimensions, material specifications, and installation details for each post- construction Erosion Control Facility; (g) A maintenance schedule to ensure continuous and effective operation of each post- construction Erosion Control Facility; (h) The maintenance easements and rights -of -way necessary to ensure access to all Erosion Control Facilities upon the Parcel for the purpose of inspection and repair. Such easements shall be recorded on the plan, on any approved plat, and shall remain in effect with transfer of title to the Parcel; (i) The inspection and maintenance agreement(s) binding on all subsequent Landowners served by the on -site Erosion Control Facilities in accordance with Article 2, Section D, below. 2.13.3. Plan Certification: The SPPP shall be prepared by a licensed landscape architect, a licensed professional engineer, or a Certified Professional in Erosion & Sediment Control ( "CPESC "), and must be signed by the professional preparing the plan, who shall certify that the design of all Erosion Control Facilities within the Proposed Project meets the requirements of this Local Law. 2.13.4. Other Environmental Permits: The Developer shall assure that all applicable environmental permits have been or will be acquired for the Land Development Activity to occur. No final Erosion Control plan may be approved without possession of each, any and all required permits. 2.B.5. Contractor Certification 113.5.1. Each contractor and subcontractor identified in the SPPP who will be involved in Land Development Activity and /or Erosion Control Facility installation shall sign and date a copy of the following certification statement before undertaking any Land Development Activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the attached Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards established by the State of New York, the County of Tompkins, and /or the Town of Lansing." MI 32 Continued, January 19, 2005 113.5.2. The above certification must include the name and title of the person executing the certification as well as the signature, address, and telephone number of the contracting firm; the address (or other identifying description) of the Proposed Project site; and the date the certification is made. 2.13.5.3. The above certification statement(s) shall become part of the SPPP concerning the Proposed Project. 2.13.6. A copy of the SPPP shall be retained at the site of the Proposed Project during construction, from the date of initiation of construction activities to the date of final close -out. Section 2.C. Performance and Design Criteria for Stormwater Control and Erosion and Sediment Containment Facilities: All Large Projects shall be subject to the following performance and design criteria: 2.C.1. Technical Standards: For the purpose of this Local Law, the following documents shall serve as the official guides and specifications for Erosion Control Facilities. Erosion Control Facilities that are designed and constructed in accordance with these technical documents may be presumed to meet the standards imposed by the Design Manual and the Erosion Control Manual. 2.C.2. Water Quality Standards. A Large Project shall not decrease the quality of the Surface Waters by any measurement in excess of 1 /10 of 1% over any given one -year period. A Small Project shall not decrease the quality of the Surface Waters by any measurement in excess of 1 /100 of 1% over any given one -year period. These target percentages are, in part, designed to prevent increases in turbidity that contrast with natural Surface Waters conditions. In the event of likely or actual turbidity increases, the. ECO may impose more stringent standards, subject to review by the Town Board. Section 2.D. Maintenance and Repair of Erosion Control Facilities: 2.D.1. Maintenance During Construction: 2.D.1.1. The Developer of the Proposed Project shall at all times properly operate and maintain all Erosion Control Facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Developer to achieve compliance with the requirements of this Local Law. Sediment shall be removed from Sediment traps or Sediment ponds whenever their design capacity has been reduced by 50 percent. 2.D91.29 The Developer or its representative shall be on site at all times when Land Development Activity takes place and shall inspect and document the effectiveness of all Erosion Control Facilities. Inspection reports shall be completed and recorded at least every 7 days, and within 24 hours of any storm event that generates 0.5 inches or more of rain or Stormwater. The reports shall be copied to the Proposed Project site construction log book, and delivered to the ECO at any time upon the demand of the ECO, with or without cause. All such reports, and all Proposed Project site construction logs, books, and log books shall be preserved, protected, and retained for a minimum period of 3 years after final project completion. i : 9s] Article 3. Continued, January 19, 2005 2.D.2. Maintenance Easement(s) and Rights -of -Way: Prior to the issuance of any Town Board or ECO approval that lists an Erosion Control Facility as one of the requirements, the Developer shall execute an inspection and maintenance easement and right -of -way agreement that shall be binding on all subsequent Landowners served by the Erosion Control Facility. The easement and right -of -way shall provide for access to the Erosion Control Facility at reasonable times for periodic inspection and maintenance by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Local Law. This easement and right -of -way shall be recorded by the grantor in the office of the Tompkins County Clerk, after review and approval by the counsel for the Town. 2.D.3. Maintenance After Construction: The Developer, owner, Landowner, or Operator of permanent Erosion Control Facilities installed in accordance with this Local Law shall operate and maintain such facilities to achieve the goals of this Local Law. Proper operation and maintenance of permanent Erosion Control facilities includes, but is not limited to the following: 2.D.3.1. A preventative /corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the Developer, owner, Landowner, or Operator of the Erosion Control Facilities in order to achieve the requirements of this Local Law. 2.D.3.2. Written procedures for the operation and maintenance of any facilities, together with written procedures for the training of new maintenance personnel. 29D.3.3. Discharges from an Erosion Control Facility shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Section 2.C.2, above. 2.D.4. Erosion Control Facility Maintenance Agreements: Any Applicant, Operator, Developer, or Landowner must receive the Town Board's approval of a formal maintenance agreement for Erosion Control Facilities within a Proposed Project that is (1) binding on all subsequent Landowners, and (2) recorded in the office of the County Clerk as a deed restriction on the Parcel, prior to receiving final SPPP approval from the Planning Board. The Town, in lieu of a maintenance agreement and in the Town's sole discretion, may accept the dedication of any existing or future Erosion Control Facility, or any portion thereof, provided (i) such Erosion Control Facility, or portion thereof, meets the requirements of this Local Law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance, and (ii) the Developer (and /or Applicant, Landowner, or Operator) proposes and the Town accepts a special benefit drainage district for the inspection, maintenance, and, when necessary, expansion, of any facilities. Construction with Subdivision Regulations: Section 3.A. Preliminary Plats: For all Preliminary Subdivision Plats, a SPPP that is consistent with Articles 1 and 2 of this Local Law is required. The SPPP shall meet the performance and design criteria and standards set forth in Article 2 of this Local Law. The approved Preliminary Subdivision Plan shall be consistent with the requirements of this Local Law, Section 3.13. Final Plats: For all Final Subdivision Plats, a SPPP that is consistent with the requirements of Articles 1 and 2 of this Local Law, and with 9151 Continued, January 19, 2005 the terms of preliminary plan approval, shall be required for Final Subdivision Plat approval. The SPPP shall meet the performance and design criteria and standards in Article 2 of this Local Law. The approved Final Subdivision Plat shall be consistent with the requirements of this Local Law, Article 4. Construction with Site Plan Review Regulations: For all Site Plan applications and approvals, a SPPP that is consistent with the requirements of Articles 1 and 2 of this Local Law shall be required. The SPPP shall meet the performance and design criteria and standards in Article 2 of this Local Law. The approved Site Plan shall be consistent with the provisions of this Local Law. Article 5. Prior Laws or Ordinances: Any prior erosion or sediment containment law, ordinance, or regulations of the Town are hereby repealed. This Local Law shall take precedence over any other inconsistent requirement of any local law, ordinance, or regulation of the Town. Article 6. Administration and Enforcement. Section 6.A. Construction Inspection. 6.A.1. Erosion and Sediment Containment Facility Inspection: The ECO may require such inspections as are or may be deemed necessary to determine compliance with this Local Law, and may either approve that portion of the work completed or notify the applicant when the work fails to comply with the requirements of this Local Law and /or the approved SPPP. To obtain inspections, the applicant shall notify the ECO at least 48 hours before any of the following: measures 6.A.1.1. 6.A.1.2. 6.A.1.3. 6.A.1.4. 6.A.1.5. 6.A.1.6. 6.A.1.7. 6.A.1.8. Start of construction Installation of Sediment and Completion of site clearing Completion of rough grading Completion of final grading erosion control Close of the construction season for the Project Completion of final landscaping Successful establishment of landscaping in public areas If any violations are found, the Applicant, Developer, Landowner and /or Operator shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted, except for site Stabilization, until each, any and all violations are corrected and all work previously completed has received approval by the ECO. 6.A.2. Stormwater and Erosion Control Facility Inspections: The ECO is responsible for conducting inspections of all Stormwater Control Facilities and all Erosion Control Facilities. All Applicants, Developers, Landowners and /or Operators shall submit to the ECO all "as built" plans for any Stormwater Control Facilities and Erosion Control Facilities located on -site or upon the Parcel after final construction is completed. The plan must show the final design specifications for all Stormwater D Continued, January 19, 2005 Control Facilities and all Erosion Control Facilities and must be certified by a professional engineer. 6.A.3. Inspection of Stormwater and Erosion Control Facilities After Large Project Completion: Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notices of possible violations; inspection of drainage basins or areas identified as higher than typical sources of Sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or Sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other Stormwater Control Facilities. Inspections may be performed by the ECO, or by a professional engineer or CPESC Inspector designated by the Town. All inspections shall be memorialized in writing, and all such writings shall be supplied to the ECO. 6.A.4. Submission of Reports: The ECO may require monitoring and reporting from entities subject to this Local Law as are necessary to determine compliance with this Local Law. 6.A.5. Right -of -Entry for Inspection: When any new Erosion Control Facility or Stormwater Control Facility is installed on private property, or when any new connection is made between private property and the public storm water system or any Watercourse, Waterway or Surface Waters, the Landowner shall grant to the Town an easement and permanent right -of- way to enter the Parcel at reasonable times and in a reasonable manner for the purpose of inspection as specified in paragraph 6.A.3. above. Section 6.13. Performance Guarantee. 6.13.1. Construction Completion Guarantee: In order to ensure the full and faithful completion of all Large Projects in compliance with all terms and conditions set forth in the SPPP and all requirements of this Local Law, the Town may require the Applicant, Developer, Landowner, and /or Operator to provide, prior to the commencement of any Clearing, Grading, or construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution that guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town Board or the Planning Board based upon submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town Board, provided that (1) such period shall not be less than one year from (1) the date of final completion, or (ii) the date of final acceptance, or (iii) such other final determination or certification that the facilities have been constructed in accordance with the approved plans and specifications, whichever shall last occur, and (2) that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. 6.13.2. Maintenance Guarantee: When Stormwater Control Facilities, Erosion Control Facilities, and /or Sediment Containment Facilities are to 35 36 Continued, January 19, 2005 be operated and maintained by any person or entity other than the Town, the Applicant, Developer, Landowner, or Operator may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety prior to the commencement of any Clearing, Grading, or construction, to ensure proper operation and maintenance of all Stormwater Control Facilities, Erosion Control Facilities, and /or Sediment Containment Facilities both during and after construction, and until the facilities are removed from operation. If the Applicant, Developer, Landowner, and /or Operator fail(s) to properly operate and maintain Stormwater Control Facilities, Erosion Control Facilities, and /or Sediment Containment Facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering, legal, and inspection costs. 6.13.3. Recordkeeping: The Town may require entities subject to this Local Law to maintain records demonstrating compliance with this Local Law. Section 6.C. Enforcement and Penalties. 6.C.1. Notice of Violation: When the ECO determines that a Land Development Activity is not being carried out in accordance with the requirements of this Local Law, the ECO may issue a written notice of violation to the Operator. Such notice of violation shall be served upon each person or entity to who it is addressed. Delivery of the notice of violation by certified mail shall be deemed sufficient "service" of the notice of violation. The notice of violation shall contain: (a) The name and address of the Landowner, Developer, Operator, and /or Applicant; (b) The address, when available, or a description of the building, structure or Parcel upon which the violation occurred or is occurring; (c) A statement specifying the nature of the violation; (d) A description of the remedial measures necessary to bring the Land Development Activity into compliance with this Local Law, and a time schedule for the completion of such remedial action; (e) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; (f) A statement that the determination of violation may be appealed by filing a written notice of appeal within 10 days of service of notice of violation. Such notice of appeal shall be filed with the Town Clerk, and shall be directed to the attention of the Town Board. 6.C.2. Stop Work Orders: The ECO may issue a stop work order for violations of this Local Law. Any persons or entity receiving a stop work order shall be required to halt all Clearing, Grading, and construction, except for those activities that address the violations leading to the stop work order, and except for such work as may be necessary to mitigate or control Stormwater and Erosion. The stop work order shall be and remain in effect until the ECO confirms that the Land Development Activity is in compliance and the violation has been satisfactorily addressed. 6.C.3. Violations:. In addition to any other right or remedy allowed by law or in equity, the Town Board may also maintain actions or proceedings in the 37 Continued, January 19, 2005 name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision or requirement of this Local Law. Any Land Development Activity that is commenced or is conducted contrary to, in violation of, or in non - compliance with this Local Law may be restrained by injunction, or otherwise abated in any manner provided by law. 6.C.4. Penalties & Fines: All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this sub - section, and/except that each and any misdemeanor shall be deemed an unclassified misdemeanor. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law: (a) First Violation: Any Applicant, Developer, Landowner or Operator (hereinafter collectively and/or severally "Person ") that violates any of the provisions of this Local Law shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $1,500.00, or (2) subject to a civil penalty of not more than $2,500.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. (b) Second Violation: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation. Any Person that commits or permits any second violation upon the same or an adjacent Parcel shall be (1) guilty of an unclassified misdemeanor and subject to a fine of not more than $5,000.00, or (2) subject to a civil penalty of not more than $7,500.00 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and/or be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. (c) Third and Subsequent Violations: Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this Local Law shall be deemed a third or subsequent violation, as applicable. Any Person who commits or permits a third or subsequent violation upon the same or an adjacent Parcel shall be (1) guilty of an unclassified misdemeanor and subject to a fine not more than $10,000.00 and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not more than $15,000.00 to be recovered by the Town of Lansing in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and /or be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. • o� Continued, January 19, 2005 6.C.5. Withholding of Certificate of Occupancy: If any building or Land Development Activity is installed or conducted in violation of this Local Law, the ECO may (1) withhold any Certificate of Compliance or Certificate of Occupancy, and /or (2) prevent the occupancy of said building or land. 6.C.6. Restoration of Lands: Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court of competent jurisdiction, to recover the costs of such restoration. Article 7. Fees for Services: The Town shall require any person undertaking Large Projects regulated by this Local Law to pay reasonable costs at prevailing rates for review of SPPPs, inspections, or maintenance performed by the Town or performed by a third party for the Town, including but not limited to engineers' or attorneys' services and fees. Article 8. Application Fees: A non - refundable application fee shall be submitted with each SPPP delivered to the ECO, in an amount as the Town Board may, from time to time, establish by resolution. Article 9. Appeals: Any aggrieved person or entity may, unless expressly stated otherwise in this Local Law, appeal any action or determination of the ECO, the Town Board, or the Planning Board to the ZBA by filing a written statement setting forth the reasons for such appeal. Such statement must be filed within 10 days of the delivery or filing of any action or determination from which the appeal is taken. Upon receipt of such appeal, the ZBA shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify, or annul the appealed from action or determination. Article 10. Article 78: The actions and determinations of the Town Board, the Planning Board, the ZBA, and the ECO referenced in this Local Law shall be deemed "final determinations" for purposes of Article 78 of the New York Civil Practice Laws and Rules ( "CPLR "). Notwithstanding this, standing under said Article 78 of the CPLR shall only be appropriate after the exhaustion of any appeals as provided for in this Local Law. Article 11. Limitation upon Town Liability and Indemnity: The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. All owners and entities working upon or engaged in any Clearing, Grading, excavation, construction, cleanup, remediation, or restoration work shall indemnify, keep and save harmless the Town from and against any and all losses, costs, damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may accrue against or be charged to or recovered from the Town from or by reason of or on account of accidents, injuries, damages, and/or losses to persons or property. This indemnity provision shall be construed and applied to the maximum extent permitted by law. The Town may require that any person or entity procure liability insurance in a minimum amount of $1,000,000.00 per incident per person, and that the Town be named an additional insured thereunder. Article 12. Environmental Assessment Forms and Environmental Impact Statements. An Environmental Assessment Form ( "EAF ") shall be completed and submitted with all applications pursuant to the provisions of the State Environmental Quality Review Act, 6 NYCRR Part 617 ( "SEQR "). If the EAF indicates that the proposed activity may have significant environmental consequences, the Town Board shall require that a Draft Environmental Impact Statement ( "DEIS:) be submitted. The application shall not be 39 Continued, January 19, 2005 considered complete until the DEIS, if one is required, has been accepted by the Town Board. When required by law, the Town Board shall hold public hearings upon the EAF or DEIS, or as otherwise required by SEQR. Article 13. Waivers: Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; (2) there is no adverse effect upon the character, appearance, or welfare of the neighborhood and any Watercourses, Watersheds, or Surface Waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship, provided that such hardship has not been self - imposed; and (5) the waiver is the minimum necessary degree of variation from the requirements of this Local Law. Article 14. Severability: If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Local Law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such invalidity shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. Article 15. Effective Date: This Local Law shall be and become immediately effective upon filing. Health Insurance Retirement Benefits — Local Law No. 2 of 2005. 05 -35 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on the proposed Local Law No. 2 of 2005 is hereby opened at 8:05 p.m. Carried. Mr. Krogh explained the proposed Local Law. Jeannine Kirby asked what percent the Town pays towards a retirees insurance. Mr. Farkas stated that it was the same percent as when she was Supervisor. She felt the Board should look into having the employees pay more as her husband retired from NYSEG and they have no dental or eye and have to pay the full amount for their coverage. Mr. Shattuck stated that the Personnel Committee is looking into it. She stated that people have to take responsibility for themselves. 05 -36 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing was closed at 8:10 p.m. 0 Carried. RESOLUTION OS -037 Resolution Adopting "Health Insurance And Health Insurance Retirement Benefits" Local Law Number 2 of 2005 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following IN Continued, January 19, 2005 members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Martin Christopher, and was duly seconded by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, The Town of Lansing (the "Town ") has provided the benefit of medical insurance to the Town's employees and retirees during 2004 and for a number of years prior to 2004; and WHEREAS, the Town adopted on July 17, 2002 and has distributed the Town's Employee Handbook (the "Employee Handbook ") to all of the Town's employees; and WHEREAS, section 806 of the Employee Handbook summarizes the terms and conditions of the medical insurance benefits that the Town makes available for the Town's current employees; and WHEREAS, section 807 of the Employee Handbook summarizes the terms and conditions of the medical insurance benefits that the Town makes available for the Town's retired employees; and WHEREAS, the Town desires to formalize these benefits in the form of a Local Law, which provides the added benefit of constituting the "Plan" as defined by ERISA, and the further benefit of permitting funding of the Plan through current revenues pursuant to approved budget line item entries; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 19th day of January, 2005, at 8:05 o'clock P.M., after lawful posting, publication, and notice thereof, to consider the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, upon a review and discussion of the matter, and upon consideration of the evidence and information gathered at said public hearing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 2 of 2005, as set forth in its entirety below: TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2005 HEALTH INSURANCE AND HEALTH INSURANCE RETIREMENT BENEFITS SECTION l: TITLE & APPLICATION - This Local Law shall be known as "Local Law Number 2 of 2005 ". Local Law Number 2 of 2005 hereby repeals any prior Local Law or Resolution that is inconsistent herewith. Local Law Number 2 of 2005 applies only within the Town of Lansing, Tompkins County, New York. SECTION 2: DEFINITIONS - The terms used in this Local Law shall have the meanings as ascribed or set forth in the Town of Lansing Employee Handbook. SECTION 3 MEDICAL INSURANCE - ELIGIBILITY — The Town will make available medical insurance coverage to each full -time employee, each Elected Official, and their eligible family members. 41 Continued, January 19, 2005 An intermediate, part-time, temporary, or seasonal employee is not eligible for medical insurance coverage. WHEN COVERAGE BEGINS — Coverage will begin on the employee's first day of employment, or for Elected Officials the first day of office, provided eligibility requirements of the insurance plan are met. PREMIUM PAYMENT — The Town will pay 85% of the premium cost for individual medical coverage or 78% of the premium for family medical insurance coverage for eligible employees and Elected Officials, CHANGES IN PREMIUM CONTRIBUTIONS — The amount of the insurance premium an employee or Elected Official is required to contribute is subject to change by resolution of the Town Board. The Town Board will provide a two - month written notice of such changes. SECTION 4 MEDICAL INSURANCE FOR RETIREES - COVERAGE — The Town will make available medical insurance to an eligible full -time employee, Town Clerk, or Highway Superintendent who retires from the Town. Coverage is also available for eligible dependents if they were covered under the Town's medical insurance plan at the employee's date of retirement. In the event the retiree predeceases the dependents, the dependents may continue medical insurance coverage provided they pay the full cost of the premium. Coverage of a dependent at the time of divorce or legal separation is in accordance with plan documents and COBRA requirements. ELIGIBILITY — To be eligible for coverage, the retiree must be age 55 or older, and must have at least 10 years continuous service with the Town, and must have been enrolled in the Town's Medical Insurance Plan for at least 5 consecutive years immediately prior to retirement. In addition, the employee or Elected Official must have applied for and been granted a bona -fide retirement benefit from the New York State Employees' Retirement System. PLAN — The Town Board may, at its discretion, change the medical insurance plan at any time, including, but not limited to, the type of coverage, retiree contributions, and the type of carrier. PREMIUM PAYMENT — As determined and adopted by the Town Board, the Town will pay a specified portion of the premium cost for individual or family medical insurance coverage, as the case may be, for each eligible retiree. CHANGES IN PREMIUM CONRIBUTIONS — The amount of the insurance premium a retiree or retiree's spouse is required to contribute is subject to change by resolution of the Town Board. The Town Board will provide a two -month written notice of such change. MEDICARE PART B REIMBURSEMENT — The Town will reimburse an eligible retiree and the retiree's spouse for the cost of the Medicare Part, B premium. Such reimbursement will cease for both the retiree and the retiree's spouse upon the death of the retiree. Reimbursement will also cease for a spouse upon legal separation or divorce. The Town Board may, at its discretion and in accordance with plan documents, modify or eliminate this reimbursement for any retiree or retiree's spouse. SECTION 5: AMENDMENTS — The terms, benefits, and provisions of this Local Law may be amended from time to time, in the discretion of the Town Board. Publication of a notice of public hearing pertaining to the amendment of this Local Law shall be and be deemed sufficient notice to any affected persons of any amendment hereto. Whenever this Local Law specifies any other specific form of notice, such notice 42 Continued, January 19, 2005 shall be provided prior to the implementation of any amendment(s), but need not be required prior to the public hearing. SECTION 6: SEVERABILITY - If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Local Law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Any such invalidity shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 7: EFFECTIVE DATE - This Local Law shall be and become immediately effective upon filing. DAVE HERRICK — TOWN ENGINEER: 2005 WORK ITEMS: Mr. Herrick passed out the following list and went over it with the Board: ENGINEERING WORK ITEMS FOR 2005 1. Water System Planning and Maintenance ❑ Develop a 5 -year capital improvements program for maintenance and enhancement of the water system. Initial items include: => Continue updating the Town hydraulic model for post -1997 construction and work with Bolton Point for flow testing and investigation of pressure fluctuation problems. => Assist Highway Dept. with construction of temporary Bean Hill pressure booster station. Inspect Bean Hill and Wilson Road tank coatings. Inspect the condition of the Burdick Hill Pump Station and all underground pressure reducing stations. ❑ Evaluate hydraulic benefits of a proposed water main extension on Drake Road area. ❑ Study a proposed CWD expansion to include lands of the Kingdom Farm. ❑ Update annual maintenance program with Highway Dept. and Bolton Point. ❑ Assist Town Bookkeeper with updating the EDU's for the CWD. ❑ Prepare feasibility studies for water district extensions, as needed. 2. Sanitary Sewer Planning and Maintenance ❑ Continue assisting the Board with the planning and formation of the South Lansing Sewer District. Related items include: => Municipal sewer agreements between the Villages of Lansing and Cayuga Heights. Study district boundary configuration alternatives within the Planning Area. z::> Assist with the preparation of NYSDEC Work Plans for Bond Act funded projects, => Participate in Intermunicipal Sewer Committee meetings. ❑ Develop standard material specifications and construction details for Town sewer system (similar to what already exists for water). 3. Storm Water Planning and Maintenance ❑ Identify the requirements for the MS4 Illicit Discharge Detection and Elimination Program. ❑ Review progress in the MS4 Management Practices and prepare the 2nd annual report for submission to NYSDEC. 43 Continued, January 19, 2005 4. General Engineering Services ❑ Attend monthly Regular Town Board meetings and Special meetings or Public Hearings when necessary and any other municipal meetings as directed by the Supervisor. 5. Transportation Planning ❑ Assist Highway Department with engineering and surveying services when needed: 6. Code Enforcement ❑ Attend monthly Planning Board meetings and review major subdivision proposals for conformance with Town standards and storm water regulations. Mr. Herrick also stated that the Sun Path project and the Bone Plain & Scofield Road projects need to continue to be worked on. Mr. Shattuck stated that the Town Board also needs to perform a cost feasibility study and look into a water main extension on Drake Road as it will benefit the whole district. JACK FRENCH — HIGHWAY SUPERINTENDENT: Brickyard Hill Road: NYS DOT has approved a 30 MPH speed limit adjacent to the Raymond Buckley Elementary School between a point 0.2 + miles west of Route 34B and a point 0.4+ miles west of Route 34B, a distance of 0.2+ miles, during the hours of 7:00 a.m. to 6:00 p.m. on school days. They also approved a 40 MPH speed limit on Brickyard Road between Rt. 34B and Ludlowville Road, a distance of 0.8+ miles. Boiler System: Mr. French stated that the boiler had to be replaced at the Highway Garage. The one that went bad was the original one that was put in the Highway Garage in 1967. Retirement of Mechanic: Jerry Sharpsteen, the mechanic at the Highway Garage will be retiring on March 14, 2004. Mr. French is now taking applications and would like to hire a new mechanic by March 1, 2005. Salt Storage Building Grant: Jack and Darby Kiley are looking into the possibility of getting a grant for a salt storage building. He will keep the Board posted on their progress. DICK PLATT — CODE ENFORCEMENT OFFICER: Monthly Report: Mr. Platt stated that they are up by one permit from last year and up in project costs by $ 1,647,732.00. PlanninjZ Board: The Planning Board is working on a new Comprehensive Plan which should be done possibly by June of 2005. MI Continued, January 19, 2005 They are also working on subdivision changes. The Planning Board and Town Board will hold a joint meeting on January 31St to discuss this matter. These changes could be ready to adopt in February of 2005. Wes McDermott Property: Mrs. Wilcox stated that she had talked to Lynn Day and he asked her to bring up the McDermott situation on Auburn Road, Mr. Krogh stated that he talked to Mr. McDermott in late fall and he stated that the parcel would be cleaned up by winter. Mr. Day informed Mrs. Wilcox that there is also the matter of cars that need to be removed. The consensus of the Board was to follow through with the regulation procedure that the Town now has. This means that the next step will be the issuance of a ticket. STEVE COLT — LANSING RECREATION DIRECTOR: Mr. Colt gave the following report: Parks & Recreation Department Town Board Meeting January 19, 2005 Recreation • Our winter programming is now in full swing. All six of our youth travel basketball teams got off to a great start this past weekend. All teams will end up playing 10 -15 games. Our popular Skiing Program has started and is the largest program that we have ever run. We are using 5 busses to transport over 200 skiers! We have 4 more trips left to take. The used ca that we purchased for our truck works great and it would be very difficult to haul all of the equipment without it. Our regular ongoing adult programs are in session. We also have started another Yoga class and another SR Open Swim class. We have just circulated registration forms for our upcoming Presidents Vacation Rock Climbing camp at Cornell. This will be our second year. We are currently working on our LBP/LSP youth baseball and softball program forms and are setting our timeline for all of the details that need to take place to get it all started for this spring. Soon we will be looking at the Summer Program Booklet and summer employment needs. Parks • Our Summer Concert Series is changing all performances to Sunday afternoons 4 — 6 PM. This is a change from past years where concerts were on Thursdays. We are planning for the following dates: July 3, 10, 17, 24, 31. August 7, 14. I am currently booking the bands now. The Myers Park Marina repair of the retaining wall was started and has been completed by Shoreline Development. We will have to re -hook up electric to some of the docks, landscape and pave to finish the entire job. The Field "E" backstop replacement project has been started. All of the old backstop has been removed. The new support poles have been installed and the fence fabric is all that is left to finish the job. Pavilions at Myers are already being reserved. On January 3`d we actually rented 6 pavilions, which was the first available day to make a reservation. Camp Site reservations will be discussed in a meeting this Friday. We will also be discussing possible Seasonal Rates for our camp sites. This would be a first. We are also looking again at upgrading the electrical service at the remaining camp sites. We are grossly under powered. The marina boat slip lottery is Tuesday February 1St at 7:00 PM. Currently, as of today, we have 39 returned applications. Over 100 request applications were 45 Continued, January 19, 2005 mailed. The deadline is Feb. 1St and that is when most are usually turned in. We have 69 slips. AUDIT APPROVAL: 05 -38 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the bookkeeper is hereby authorized and direct to pay the following bills: Audited Vouchers: 1-40 Prepaid Vouchers: 1 and 2 FUND TOTAL APPROPRIATIONS General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Better Housing for Tompkins County Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Doug McEver, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE MINUTES: 23,328.73 14,993.82 1,247.65 2,142.29 1,411.93 6,466.30 A copy of the minutes of December 30, 2004 and January 5, 2005, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. 05 -39 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox: RESOLVED, that the minutes of December 30, 2004 and January 5, 2005 are hereby accepted as submitted. Carried. REAPPOINTMENT OF GEORGE GESSLEIN TO THE HOUSING AUTHORITY: RESOLUTION 05 -040 Resolution Re- appointing George Gesslein to the Board of the Lansing Housing Authority At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: 4/7 Continued, January 19, 2005 WHEREAS, there will be a vacancy upon the Board of the Lansing Housing Authority, and current member Board member George Gesslien desires to continue in his role there; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that effective January 1, 200.5, George Gesslien be and hereby is re- appointed to the Board of the Lansing Housing Authority, to serve a full 5-year term thereat. BOARD MEMBER REPORTS: Mr. Christopher and Mrs. Wilcox did not have anything to report at this time. Mr. Christopher had a question. decided that NYSEG would have to be contact going up Auburn Road. It was to find out. DOUG MCEVER: Water Craft Committee: The lake source cooling system was discussed and the State DEC will be contacted for their input. Historic Buildin : Mr. McEver will get figures together for the completion of the building for the next meeting. He will also contact Richard Driscoll at the Tompkins County Arts Council and report back to the Board. BUD SHATTUCK* Mr. Shattuck did not have anything to report but did have two questions, which were: 1. What is going on with the Mass Gathering Law? Mr. Krogh will get a copy to the Board Members for review within the next two weeks. 2. What is going on with the SPCA contract? Mr. Krogh stated that he has not heard back from them. He also asked at what rate the Town was paying them. This will be looked into. STEVE FARKAS@ 11 Mr. Farkas has been approached by a local farmer who would like to lease some of the Town's land across the road from the present Town Hall. This would be a year to year lease. The Board was in agreement and passed the following resolution: RESOLUTION 05 -041 Resolution Authorizing Supervisor to Negotiate and Enter Lease for Town Land re Town of Lansing Auburn Road Property At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, T9 Continued, January 19, 2005 Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing (the "Town") has and owns productive farmland located upon Auburn Road (and Conlon Road), being in part identified as Town of Lansing Tax Map Numbers 31.- 1.16.2 and 31. -1.9 (among others); and WHEREAS, the Town has traditionally leased farming rights upon such lands; the Town having determined that such leasing is the best productive use of such Town property at this time; and WHEREAS, Raymond Sill, of 113 Bower Road has expressed an interest in such lease for 2005; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor be and hereby is authorized to negotiate and execute a single year farming -only lease with Raymond Sill, upon such terms as the Supervisor deems in the best interests of the Town, for all or any portion of lands owned by the Town of Lansing along Auburn and Conlon Roads. GUY KROGH. Permit fees: Mr. Krogh informed the Board that they had to set application fees for Outdoor Business Inventory Storage and for Stormwater Erosion Control. The following resolutions were then offered: RESOLUTION 05 -042 Resolution Establishing Application Fee for Outdoor Business Inventory Storage Local Law Number 7 of 2004 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following members being present: Stephen Farkas, Supervisor•, Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, The Town of Lansing (the "Town ") passed and enacted Local Law Number 7 of 2004, entitled "Outdoor Business Inventory Storage ", by Resolution number 04 -221, upon December 15, 2004; and WHEREAS, said Local Law requires that the Town Board establish the amount of the Application Fee referenced in such Local Law; and WHEREAS, upon input for the Code Enforcement Office, and upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Application Fee for Outdoor Business Inventory Storage permit application shall be $100.00, subject to future amendment by this Board. Continued, January 19, 2005 RESOLUTION 05 -043 0119 Resolution Establishing Application Fee for Stormwater and Erosion Control Local Law Number 1 of 2005 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 19th day of January, 2005, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Douglas McEver, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing (the "Town ") passed and enacted Local Law Number 1 of 2005, entitled " Stormwater and Erosion Control ", by Resolution number 05 -034, upon January 19, 2005; and WHEREAS, said Local Law requires that the Town Board establish the amount of the Application Fee referenced in such Local Law; and WHEREAS, upon input for the Code Enforcement Office, and upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Application Fee for applications under the Stormwater and Erosion Control Local Law shall be $250.00, subject to future amendment by this Board. 9 3 i ADJOURN MEETING. 05 -44 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver: RESOLVED, that the Regular Meeting is hereby adjourned at 9:08 p.m. at the call of the Supervisor. Carried.