Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink About2020-07-15 July 15, 2020 1 REGULAR TOWN BOARD MEETING July 15, 2020 Town of Lansing YouTube Channel https://www.youtube.com/channel/UCs2FqU2xFnDyGS8DwXgoJwA Zoom Meeting ID – 829 2591 1696 Password – 227495 Join Zoom Meeting https://us02web.zoom.us/j/82925911696?pwd=Z0FsbU8xdXhob1oyMm1JWVdnVGpOUT09 Dial 1-646-558-8656 US (New York) A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:34 p.m. The meeting was called to order by Edward LaVigne, Supervisor, and opened with the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk, showed the following to be PRESENT: Andra Benson, Councilperson Doug Dake, Councilperson (remotely) Bronwyn Losey, Councilperson (remotely) Joseph Wetmore, Councilperson (remotely-6:39pm) Edward LaVigne, Supervisor ABSENT: No one absent ALSO PRESENT: Guy Krogh, Town Counsel (remotely), Owen Davis, Parks and Recreation Department, C.J. Randall, Director of Planning (remotely), Corey Shellhammer, Patrick and Debbie Higgins MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2020 – CODIFICATION OF LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS OF THE TOWN OF LANSING INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF LANSING” Councilperson Doug Dake, moved to OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2020 – CODIFICATION OF LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS OF THE TOWN OF LANSING INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF LANSING” at 6:36 pm. Councilperson Andra Benson, seconded the motion. All in Favor – 4 Opposed – 0 No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Edward LaVigne, moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 2 OF 2020 – CODIFICATION OF LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS OF THE TOWN OF LANSING INTO A MUNICIPAL CODE TO BE DESIGNATED THE “CODE OF THE TOWN OF LANSING” at 6:43 pm. Councilperson Andra Benson, seconded the motion. All in Favor – 5 Opposed – 0 RESOLUTION APPROVING AND ADOPTING LOCAL LAW NO. 2 OF 2020 - TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS OF THE TOWN OF LANSING INTO THE “CODE OF THE TOWN OF LANSING” Town Counsel Guy Krogh stated the fees remain the same, capable of change without amending the local law - this cleans up the code, brings it up to date and creates a single unified code. July 15, 2020 2 RESOLUTION 20-100 RESOLUTION APPROVING AND ADOPTING LOCAL LAW NO. 2 OF 2020 - TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS OF THE TOWN OF LANSING INTO THE “CODE OF THE TOWN OF LANSING” The following Resolution was duly presented for consideration by the Town Board: WHEREAS the Town Board of the Town of Lansing passed Resolution #17-52 Authorizing Supervisor to Sign Contract with General Code on January 18, 2017, and entered into a project for the codification of local laws, ordinances, and certain policies and resolutions of the Town of Lansing for the purposes of increasing the effecti veness of town governmental administration, providing for greater public awareness of and access to town legislation, and protecting the health, safety and welfare of town inhabitants; and WHEREAS, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of July 2020, at 6:31 pm, to consider public input and comments upon such proposed 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, enactment of such local law will provide for the organization and codification of the local laws, ordinances, and certain policies and resolutions of the Town of Lansing into a municipal code to be designated the “Code of the Town of Lansing” (the “Code”) which Code repeals certain obsolete ordinances, many of which had been replaced or superseded by local or state laws, and to organize all remaining laws and ordinances, as well as certain policies (principally adopted by resolutions) into a better integrated chapter- based codification system, all of which will be publicly available, fully searchable and printable, and more easily managed and maintained; and WHEREAS, while certain changes in local laws were made, these were principally enacted to homogenize certain provisions as between various chapters in the code, as well as to update references to current New York State laws and agency names, and like changes as do not effect any overall material changes in policies or any significant re-ordering of resource priorities or plans, such that this is a Type II Action pursuant to the State Environmental Quality Review Act and its enabling regulations at 6 NYCRR 617, and specific reference is thus made to classification under Type II regulations at §§ 617.5(c)(26), (33), and (37), such that this matter requires no further environmental review; and WHEREAS at said Public Hearing the Town Board considered the enactment of proposed Local Law Number 2 of 2020 and all interested persons were given an opportunity to be heard and to submit evidence with respect to the enactment of said local law, and upon deliberation thereupon, the Town Board of the Town of Lansing has hereby resolved as follows: 1. Local Law Number 2 of 2020 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted.” 2. In accord with the Municipal Home Rule Law the final adopted version of this Local Law shall be presented to the Supervisor for approval. 3. Upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of thi s Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, July 15, 2020 3 State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). 4. This Local Law shall take effect immediately upon adoption by the Town Board of the Town of Lansing. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 15, 2020. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 2 OF 2020 A LOCAL LAW CODIFYING THE LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS AND POLICIES OF THE TOWN OF LANSING BE IT ENACTED by the Town Board of the Town of Lansing as follows: § 1-1. Legislative intent. In accordance with Subdivision 3 of § 20 of the Municipal Home Rule Law, the local laws, and ordinances of the Town of Lansing, as codified by General Code, and consisting of Chapters 1 through 270 shall be known collectively as the “Code of the Town of Lansing,” hereafter termed the “Code.” Wherever reference is made in any of the local laws and ordinances contained in the “Code of the Town of Lansing” to any other local law or ordinance appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law or ordinance had been formally amended to so read. § 1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws and ordinances in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws and ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law or ordinance. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Lansing, and it is the intention of said Town Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-3 below. § 1-3. Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Town of Lansing in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law. § 1-4. Enactments saved from repeal; matters not affected. July 15, 2020 4 The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Lansing prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Lansing or any penalty, punishment or forfeiture which may result therefrom. C. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Lansing. D. Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Lansing. E. Any local law or ordinance of the Town of Lansing providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Lansing or any portion thereof. F. Any local law or ordinance of the Town of Lansing appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Lansing or other instruments or evidence of the Town’s indebtedness. G. Local laws or ordinances authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation. H. The levy or imposition of special assessments or charges. I. The annexation or dedication of property. J. Any local law or ordinance relating to salaries and compensation. K. Any local law or ordinance amending the Zoning Map. L. Any local law or ordinance relating to or establishing a pension plan or pension fund for Town employees. M. Any local law or ordinance or portion of a local law or ordinance establishing a specific fee amount for any license, permit or service obtained from the Town. N. Any local law or ordinance adopted subsequent to April 17, 2019. O. Local Law No. 1-2004, Land Use Fees, adopted March 17, 2004. § 1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law or ordinance included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. July 15, 2020 5 § 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Lansing and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Lansing by impressing thereon the Seal of the Town of Lansing, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. § 1-7. Amendments to Code. Any and all additions, deletions, amendments or supplements to any of the local laws and ordinances known collectively as the “Code of the Town of Lansing” or any new local laws or ordinances, when enacted or adopted in such form as to indicate the intention of the Town to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law or ordinance contained herein, and such local laws or ordinances may be amended, deleted or changed from time to time as the Town Board deems desirable. § 1-8. Code book to be kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Lansing required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws and ordinances adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Town Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws or ordinances until such changes, local laws or ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein. § 1-9. Sale of Code book; supplementation. Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by resolution of the Town Board. The Clerk may also arrange for procedures for the periodic supplementation of the Code. § 1-10. Penalties for tampering with Code. Any person who alters or tampers with the Code of the Town of Lansing in any manner whatsoever which will cause the legislation of the Town of Lansing to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. § 1-11. Changes in previously adopted legislation; new provisions. A. In compiling and preparing the local laws and ordinances for publication as the Code of the Town of Lansing, no changes in the meaning or intent of such local laws and ordinances have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor non-substantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board July 15, 2020 6 that all such changes be adopted as part of the Code as if the local laws and ordinances had been previously formally amended to read as such. B. In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws and ordinances as they have been renumbered and appear in the Code.) C. Nomenclature changes. In Chapter 103, Bingo and Games of Chance, references to the “Racing and Wagering Board” are hereby revised to “Gaming Commission.” § 1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Lansing, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive. § 1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. Town of Lansing NY Code Adoption Local Law Schedule A Specific Revisions at Time of Adoption of Code Chapter 25, Information Security Breaches A. Section 25-5 is amended to change “Office of Cyber Security and Critical Infrastructure Coordination” to read as “Office of Information Technology Services.” B. Section 25-6C is amended to change: (1) “Office of Cyber Security and Critical Infrastructure Coordination” to read as “Office of Information Technology Services.” (2) “Consumer Protection Board” to read as “Department of State.” C. Section 25-8 is amended to read as follows: A. All provisions of New York law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $750, or subject to a civil penalty of not more than $1,500 to be recovered by the Town in a civil action. C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter July 15, 2020 7 shall be deemed a second violation. Any person or entity that commits any second violation shall be guilty of an unclassified misdemeanor and subject to a fine not less than $750 nor more than $2,500 and a period of incarceration not to exceed 120 days, or subject to a civil penalty of not less than $1,500 nor more than $7,500 to be recovered by the Town in a civil action. D. Each week that any noncompliance or violation continues is and may be charged as a separate violation. E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 60, Smoking A. Section 60-2A is amended as indicated: Smoking (principally, but not exclusively, meaning t he use, ignition, and/or consumption of tobacco and other combustible products intended to be inhaled through cigarettes, cigars, pipes and similar devices, and including "vaping" as defined under Public Health Law § 1399-n and prohibited under § 1399-r) is prohibited in any Town building, facility, or vehicle, and in each and all of the following areas: B. Section 60-4 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $250 or subject to a civil penalty of not more than $500 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. July 15, 2020 8 (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 103, Bingo and Games of Chance A. Section 103-6C is amended as indicated: Where no such fee schedule is established by state law or prescribed by law or by the New York State Gaming Commission, the application and/or permit fee shall be $50 as set by resolution of the Town Board from time to time for the initial application and permit, and for any renewal(s) thereof. B. Section 103-7C is amended as indicated: Where the cumulative net proceeds or net profits derived from the conduct of a raffle or raffles are less than $30,000 during any one occasion, the reporting requirement shall be satisfied by the filing with the Town Clerk within 30 days of the conclusion of such occasion a verified statement in a form as prescribed by law or by the New York State Gaming Commission attesting to the amount of such net proceeds or net profits, and the distribution thereof for lawful purposes. When required by law, such form shall also be filed with the New York State Gaming Commission. However, where the cumulative net proceeds derived from the conduct of a raffle or raffles are less than $5,000 during any one occasion and less than $30,000 during one calendar year, no reporting shall be required. C. Section 103-8 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and, thereafter, if appropriate, impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000 or by imprisonment for not more than one year, or both. Each day that any noncompliance or violation continues is and may be charged as a separate violation. C. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. July 15, 2020 9 D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 108, Building Codes Article I, Administration and Enforcement Section 108-15 is amended to read as follows: A. Compliance order. The Code Enforcement Officer is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this article. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a compliance order. (1) The compliance order shall: (a) Be in writing; (b) Be dated and signed by the Code Enforcement Officer; (c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or this article; (d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this article which is/are violated by the specified condition or activity; (e) Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (f) Direct that compliance be achieved within the specified period of time; and (g) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. (2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order. B. The Code Enforcement Officer and each inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, or this article. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal July 15, 2020 10 Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. C. In addition to those penalties prescribed by state law, any person who violates any provision of the Uniform Code, the Energy Code or this article, or any term or condition of any building permit, certificate of occupancy and/or certificate of compliance, temporary certificate, stop-work order, operating permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this article, shall be guilty of a violation or misdemeanor, as the case may be, as set forth below, and subject to the following fines, penalties, and remedies. (1) First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. (2) Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be (1) guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days, or (2) subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. (3) Each week that any noncompliance or violation continues is and may be charged as a separate violation and, in addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. D. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin or restrain the continuation of such violation, to prevent, restrain, enjoin, correct, enforce, or abate any violation (including any threatened violation) of, or nonconformance with, any provision or requirement of the Uniform Code, the Energy Code, this chapter, or any term or condition of any building permit, certificate of occupancy or certificate of compliance, temporary certificate, stop-work order, operating permit, compliance order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. The court may also declare the rights and interests of any parties, impose or collect any civil penalties, or award any damages or other relief requested. In any action seeking equitable relief or injunctions, including under Article 63 of the New York Civil Practice Law and Rules, the Town shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the Town has no adequate remedy at law. Such action, and any other action or proceeding, may be instituted in the name of the Town in any court of competent jurisdiction, but no such action or proceeding shall be commenced without appropriate authorization from the Town Board. E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. The assertion or assessment of any such remedy or penalty specified in this chapter shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties, nor shall the same limit any right of the Town or its agents and officers to issue or enforce stop-work orders, or other orders or notices relating to this chapter or any procedures or penalties specified in §§ 381 and 382 of the New York State Executive Law. Article II, Swimming Pools July 15, 2020 11 Section 108-23A is amended to read as follows: (1) All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. (2) Any person or entity that violates any of the provisions of this chapter shall be (1) guilty of a criminal violation and subject to a fine of not more than $250, or (2) subject to a civil penalty of not more than $500 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. (3) The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action (1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and (2) the Town shall not be required to post any bond or undertaking, and (3) the Town need not prove that (i) there is or will likely be irreparable harm, or (ii) that the Town has no adequate remedy at law. In such action the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this article shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 112, Buildings, Unsafe A. Section 112-2 is added to read as follows: The provisions of this chapter shall be in addition to, and in furtherance of, the New York State Uniform Fire Prevention and Building Code. B. Section 112-13 is amended to change “50%” to read as “20%”. C. Section 112-15 is amended to change “50%” to read as “20%”. D. Section 112-18, the second sentence, is amended as indicated: A processing fee of $20 as set by resolution of the Town Board from time to time must accompany each DPA. All information requested in such form must be provided before the DPA is deemed completed. E. Section 112-23 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. July 15, 2020 12 B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 119, Communication Towers A. Section 119-8, the first sentence, is amended as indicated: Each application shall include application fees, engineering review fees and legal fees, in the amount of $1,000 as set by resolution of the Town Board from time to time or as outlined in (or updated by) the Town’s fee schedules. B. Section 119-14, second sentence, is amended as indicated: Capitalized words Words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. Chapter 125, Dogs A. Section 125-13D(4) is added to read as follows: Fines and penalties as set forth in this Code of the Town of Lansing are in addition to, and not in lieu of or in substitution for, Agriculture and Markets Law § 118, which remains separately enforceable as a state law. B. Section 125-14C, the lead-in paragraph, is amended as indicated: Initial impoundment fees. Impoundment fees as set forth in this subsection may be amended by the fee schedule and are first set as follows: C. Section 125-16, third sentence, is amended as indicated: Capitalized words Words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. Chapter 137, Fire Prevention Article I, Rapid Access Lock Boxes July 15, 2020 13 Section 137-10 is amended to read as follows: A. Any person who tampers with, defaces, damages, or improperly gains access to any lock box or key switch, or attempts any of the foregoing, shall be and be deemed in violation of this chapter, and any failure to comply with this chapter shall be in violation of this chapter. B. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. C. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of not more than $2,000 to be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 142, Flood Damage Prevention A. Section 142-4C is amended as indicated: All applications for a floodplain development permit shall be accompanied by an application fee of $200 as set by resolution of the Town Board from time to time. Such fee may hereafter be amended by resolution of the Town board. In addition, the applicant shall be responsible for reimbursing the Town for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a developer’s agreement or deposit of no more than $500 as set by resolution of the Town Board from time to time to cover these additional costs. B. Section 142-7 is amended to read as follows: A. Any failure to comply with the terms and requirements of this chapter, the requirements and conditions of any permit, approval, or variance conditions issued under this chapter, or to comply with, or come into compliance with this chapter according to the requirements of any compliance order or notice shall be in violation July 15, 2020 14 of this chapter. The local administrator and the Code Enforcement Officer are authorized to investigate any noncompliance (or complaints of such violation or noncompliance) with the requirements of this chapter, to issue appearance tickets for any violation of this chapter or any permit, approval, or variance requirements or conditions, to recommend the commencement of civil enforcement or related proceedings to the Town Board, and to order, in writing, the remedying of any condition or activity found to exist in, on, or about any lands, building, structure, or premises in violation of this chapter, including by seeking enforcement per the procedures and requirements of Executive Law § 382. B. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. C. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. D. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be: (1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days; or (2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. E. Each week that any noncompliance or violation continues is and may be charged as a separate violation. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 158, Junkyards and Outdoor Storage A. Sections 158-18 and 158-19 are amended to add the title number of “6” to the references of NYCRR. July 15, 2020 15 B. Section 158-29 is amended in part to change “within 45 days” to read as “within 62 days”. C. Section 158-32 is amended as indicated: Within 45 62 days of the close of the public hearing the Town Board shall render a decision to approve, approve subject to conditions, or disapprove the application for a junkyard permit. The forty-fivesixty-two-day period may be extended by mutual consent of the applicant and the Town. All findings of the Town Board shall be entered into the official minutes of the Town and promptly filed in the Office of the Town Clerk. The applicant shall be notified of the decision and the reasons for such decision by certified mail within five days of the decision of the Town Board. After an approval, and upon compliance with any conditions stated in such approval and the payment of any fees and reimbursable costs due the Town, the Town Board shall endorse its approval upon a copy of the final site plan and application. D. Section 158-37 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be: (1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days; or (2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. D. Each week that any noncompliance or violation continues is and may be charged as a separate violation. E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: July 15, 2020 16 [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. E. Section 158-39, second sentence, is amended as indicated: Capitalized words Words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. Chapter 170, Mobile Home Parks A. Section 170-3 is amended to add the following definition: MANUFACTURED HOME -- Any definition of "manufactured home" provided by New York State law is hereby incorporated by reference. B. Section 170-7 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be: (1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days; or (2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. D. Each week that any noncompliance or violation continues is and may be charged as a separate violation. E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. July 15, 2020 17 (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 174, Motorcades, Parades and Assemblies A. Section 174-7, first sentence, is amended as indicated: No materials of any kind shall be burned before, at, or after any motorcade, parade or public assembly without a permit from the Chief of the Town Fire Department, except in compliance with the New York State Solid Waste Disposal Laws solid waste disposal laws (see 6 NYCRR Part 215, Open Fires, and related provisions of law and regulations, as now exist or as hereafter amended). B. Section 174-8, first sentence, is amended as indicated: No materials of any kind shall be buried or partially buried before, at, or after any motorcade, parade or public assembly except in compliance with the New York State Solid Waste Disposal Laws solid waste disposal laws (see 6 NYCRR Part 360, Solid Waste Management Facilities, and related provisions of law and regulations, as now exist or as hereafter amended). C. Section 174-22 is amended to read as follows: A. The Town may enter a civil judgment against any permittee, applicant or unpermitted sponsor in the amount of any verified statement. Such civil action may be commenced in the Town's justice court, or any other court of competent jurisdiction, and enforced in accord with law. B. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. C. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. D. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. July 15, 2020 18 E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 190, Parks and Recreation Areas Part 2, Watercraft A. Section 190-24 is amended to read as follows: The operator of a craft must have a New York State permit or be otherwise operating the watercraft in accord with the law. B. Section 190-26, regarding penalties for offenses, is repealed. Part 3, Rules and Regulations Section 190-55, regarding penalties for offenses, is moved from § 190-19 and amended as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town’s justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $500, or subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be: (1) Guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days; or (2) Subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. D. Each week that any noncompliance or violation continues is and may be charged as a separate violation. July 15, 2020 19 E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. In addition, any person who has been held in violation of this chapter may also be required to restore the park, the property or land within or adjacent to the park (including water and lands under water), park facilities, park roads, and any other improvements to the park, to its undisturbed pre-violation condition. The Town may provide notice to such violator to remedy or pay for such restoration, and if such restoration or reimbursement is not made within 20 days of such notice, the Town may commence any one or more civil proceedings in the Town’s justice court, or any other court of competent jurisdiction, to recover its damages and the costs of such restoration, including all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys’ and experts’ fees. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 206, Sewers A. Section 206-17 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. First violation. Any person or entity that violates any of the provisions of this chapter shall be guilty of a violation and subject to a criminal fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. C. Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be: (1) Guilty of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more than $2,500 and a period of incarceration not to exceed 120 days; (2) Subject to a civil penalty of not less than $2,500 nor more than $5,000 to be recovered by the Town in a civil action. July 15, 2020 20 D. Any unpaid fine or penalty shall become part of the Town charges and shall be collected as a charge in accordance with the New York State Town Law and Real Property Tax Law, as applicable. E. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. F. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. G. Compliance order. The Code Enforcement Officer is also authorized to order, in writing, the remedying of any condition or activity found to be in violation of this chapter and its rules, and such order shall be referred to as a compliance order. (1) Such compliance order shall: (a) Be in writing; (b) Be dated and signed by the Code Enforcement Officer; (c) Specify the condition or activity that violates this chapter or the rules; (d) Specify the provision or provisions so violated; (e) Specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (f) Direct that compliance be achieved within the specified period of time; and (g) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time, or that a civil penalty may be so imposed. (2) The Code Enforcement Officer shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property, the permittee, any tenant or user of affected property (if known), and any other responsible person, personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by registered mail. Any failure to serve any interested person shall not affect the efficacy of the compliance order. H. In connection with any violation or compliance orders concerning industrial waste discharges that fail or consistently fail to meet and achieve county, state, or federal pollution standards, the Town shall issue a report concerning such noncompliance or violation to appropriate county, state and federal agencies. The Code Enforcement Officer shall assist appropriate county, state and federal agencies, as necessary, in their review of, or action upon, any such reports, and any July 15, 2020 21 fine or penalty levied against the Town or any of its wastewater, sewer, or like districts, shall be the responsibility of the person or entity violating such standards or the requirements of this chapter. B. Section 206-18, third sentence, is amended as indicated: Capitalized wordsWords shall have the meanings ascribed to them whenever the meaning or context thereof so admits or requires. C. Section 206-20 is amended to read as follows: Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to assure reasonableness and legality. D. Appendix A, Sewer Rules and Regulations, attached to Chapter 206 is amended at Subsection B.4, second sentence, as indicated: Alternately, as part of any permit requirement, the Town of Lasing may require that any such user have a water meter installed, and upon such installation, sewer rates shall be calculated at $8 per 1,000 gallons of water used per quarter, or such other rate as hereafter set by the Town Board of the Town of Lasing by resolution after any required public hearing or other procedures. Chapter 210, Signs Section 210-15 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $250, or subject to a civil penalty of not more than $500 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and July 15, 2020 22 (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 215, Snowmobiles Section 215-3 is amended as indicated: Operation of snowmobiles on highways and public ways within the Town shall be subject to the applicable provisions of Article 8 of the Conservation Law and the Rules and Regulations of the Office of Parks and Recreation, and, where applicable, the further rules, conditions and restrictions established by this chapter. Operation of snowmobiles shall be subject to the applicable provisions of Parks, Recreation and Historic Preservation Law, Title D. Chapter 225, Stormwater Management Article I, Illicit Connections and Discharges to Storm Sewers A. Section 225-1 is amended as indicated: This article shall be known as "Local Law Number 6 of 2007." Local Law Number 6 of 2007 applies only within those portions of the Town of Lansing, Tompkins County, New York, that are outside of the Village of Lansing. This article does not replace or supplant any requirements of Local Law local Law Number 1 of 2005 ("Stormwater and Erosion Control"), but instead shall should be read in harmony therewith with Article II, Stormwater Management and Erosion Control, of this chapter. B. Section 225-14 is amended to read as follows: (1) Subsection D is amended to read as follows: All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. (1) First violation. Any person or entity that violates any of the provisions of this chapter shall be 1) guilty of a criminal violation and subject to a fine of not more than $500, or 2) subject to a civil penalty of not more than $1,000 to be recovered by the Town in a civil action. (2) Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be 1) guilty of an unclassified misdemeanor and subject to a fine not less than $500 nor more than $2,500 and a period of incarceration not to exceed 120 days, or 2) subject to a civil penalty of not less than $1,000 nor more than $5,000 to be recovered by the Town in a civil action. July 15, 2020 23 (3) Each week that any noncompliance or violation continues is and may be charged as a separate violation. (2) Subsection E is amended to read as follows: Upon the occurrence of any noncompliance with, or violation of, this chapter, the SMO may also withhold any certificate of compliance or certificate of occupancy, and prevent the occupancy of any premises. (3) Subsection F is amended to read as follows: The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action 1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and 2) the Town shall not be required to post any bond or undertaking, and 3) the Town need not prove that there is or will likely be irreparable harm, or that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. (4) Subsection G is added to read as follows: In addition to any other remedy, a violation of, or non-compliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. In addition, any person who has been held in violation of this chapter may also be required to restore or repair any premises or remediate any discharge or contamination in accord with the requirements of this chapter or any order of the department or the SMO issued hereunder (a "Repair or Remediation Order"). In the event that any remediation, repair or restoration is not undertaken and concluded within a reasonable time, 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 any court of competent jurisdiction to recover the costs of such remediation, repair or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees. Article II, Stormwater Management and Erosion Control A. Section 225-32C is amended to read as follows: (1) Notice of violation. When the SMO determines that a land development activity is not being carried out in accordance with the requirements of this chapter, the SMO may issue a written notice of violation. 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; July 15, 2020 24 (d) A description of the remedial measures necessary to bring the land development activity into compliance with this chapter, and a time schedule for the completion of such remedial action; (e) A statement of the penalty or penalties that may be assessed against any person or entity 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. (2) Stop-work orders, certificates and permits: (a) The SMO may issue a stop-work order for violations of this article. (b) Any person 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 stabilization and such work as may be necessary to mitigate or control stormwater runoff and erosion. (c) The stop-work order shall be and remain in effect until the SMO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. (d) Upon the occurrence of any noncompliance with, or violation of, this chapter the SMO may also withhold any certificate of compliance or certificate of occupancy, and prevent the occupancy of any premises. (e) In addition, any violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. (3) All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. (a) First violation. Any person or entity that violates any of the provisions of this chapter shall be 1) guilty of a criminal violation and subject to a fine of not more than $1,000, or 2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. (b) Second violation. Any violation that is found to have occurred within two years of any prior civil or criminal determination of any other violation of this chapter shall be deemed a second violation. Any person or entity that commits any second violation shall be 1) guilty of an unclassified misdemeanor and subject to a fine not less than $1,000 nor more than $2,500 and a period of incarceration not to exceed 120 days, or 2) subject to a civil penalty of not less than $2,500 nor more than $5,000 to be recovered by the Town in a civil action. (c) Each week that any noncompliance or violation continues is and may be charged as a separate violation. (4) In addition, any person who has been held in violation of this chapter may also be required to restore or repair any premises or remediate any discharge or contamination in accord with the requirements of this chapter or any order of the department or the SMO issued hereunder (a repair or remediation order). In the event that any remediation, repair or restoration is not undertaken and concluded within a reasonable time, 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 any court of competent jurisdiction to recover the costs of such remediation, repair or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees. July 15, 2020 25 (5) The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action 1) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules, and 2) the Town shall not be required to post any bond or undertaking, and 3) the Town need not prove that i) there is or will likely be irreparable harm, or ii) that the Town has no adequate remedy at law. In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 230, Streets and Sidewalks Article I, Winter Parking Section 230-6 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $250, or subject to a civil penalty of not more than $500 be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. Notwithstanding any finding of guilt or that a violation occurred, the penalty or fine may be waived if the court finds that the violation was unavoidable due to an emergency that prevented the owner and operator of the vehicle from moving, removing, or towing such vehicle. C. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 235, Subdivision of Land July 15, 2020 26 A. Section 235-2B, second sentence, is amended as indicated: Capitalized words Words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. B. Section 235-3, the lead-in sentence, is amended as indicated: Words used in this Local Law shall, when capitalized have the following meanings.As used in this chapter, the following terms shall have the meanings indicated: C. Section 235-7E is amended as indicated: The Planning Board shall promptly refer the preliminary plat and the FEAF or SEAF to the County Planning Department in compliance with General Municipal Law §§ 239-l, 239-m and 239-n. In addition, the Planning Board shall refer the preliminary plat to the Town Board for a review of the roads and infrastructure, particularly if dedication is to be considered, so as to ensure compliance with Town specifications, planning, and requirements. Where applicable, the Planning Board shall provide notice to adjacent municipalities pursuant to General Municipal Law § 239-nn. D. Section 235-7P, in the first sentence, is amended as indicated: In the event an applicant or applicant's representative elects to seek review E. Section 235-10B, in the first and second sentences, is amended as indicated: Lot sizes shall conform, at a minimum, to the lot sizes required in the applicable zoning classifications and location in which the subdivision is located, and shall conform to Schedule II of the Land Use Ordinance is hereby referenced as containing the density, bulk, and dimensional requirements for lots in the Town as set forth in . Said Schedule II is appended as Appendix B hereto for convenience only, and as Schedule II or the Land Use Ordinance changes, the lot requirements of Chapter 270, Zoning, of the Town of Lansing as so amended shall be controlling as to land division and subdivisions. F. Section 235-13 is amended to read as follows: Each and all remedies and rights provided to the Town under this section shall be cumulative and the Town's pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or in admiralty. The rights and remedies herein stated are not the exclusive rights and remedies of the Town. The violation of this chapter shall permit enforcement in any one or more of the following manners: A. When any term, provision, or requirement of this chapter is violated, the Enforcement Officer may issue a written notice of violation to the applicant (or other person in violation hereof). The notice of violation shall contain: the name and address of the person alleged to have violated this chapter; the address, when available, or a description of the building, structure or parcel upon which the violation occurred or is occurring; a brief statement specifying the nature of the violation; a statement of the fine or penalty that may or could be assessed against any person to whom the notice of violation is directed; and a clear statement identifying whether the notice commences or may commence a civil or criminal proceeding. The failure to comply with a written notice of violation by correcting July 15, 2020 27 the violation is in itself a separate violation of this chapter, and may be enforced as such. B. Stop-work orders; permits and approvals; reviews; restoration. (1) The enforcement officer may issue stop-work orders for violations of this chapter. (2) Any person receiving a stop-work order shall be required to halt all clearing, grading, and construction until the Enforcement Officer or a court of competent jurisdiction allows work to re-commence. (3) In addition to any other remedy, a violation of or noncompliance with this chapter may result in the termination, modification, or revocation of any permits or approvals as issued, the refusal of the Town to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval until the applicant or person rectifies and cures such violation. Additionally, until the violation or noncompliance is abated, the Town may suspend any review or other proceedings in relation to any pending matters or any subdivision applications or approvals. (4) In addition, any person who has been held in violation of this chapter may also be required to restore or repair any land to its undisturbed condition. A repair or remediation order may be filed and served and, if 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 any court of competent jurisdiction to recover the costs of such remediation, repair or restoration, together with all consequential and incidental losses, costs, expenses, and damages, including reasonable attorneys' and experts' fees. (5) Any documents improperly filed with the County Clerk pertaining to subdivision approvals or related matters under this chapter shall be a nullity, and the Town may also order any person or entity, including the applicant or the filing party, as a part of any repair or remediation order, to cancel such filings of record. C. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter, the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. D. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $2,500, or subject to a civil penalty of not more than $5,000 to be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or July 15, 2020 28 [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. Chapter 253, Water A. Section 253-9B is amended as indicated: Outside users shall pay 1.5 not less than two times the whole of the water rate as set by the Town and the Commission. B. Section 253-21 is amended to read as follows: A. All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this chapter, and any misdemeanor shall be deemed an unclassified misdemeanor. For purposes of this chapter the Town's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction. B. Any person or entity that violates any of the provisions of this chapter shall be guilty of a criminal violation and subject to a fine of not more than $1,000, or subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Each week that any noncompliance or violation continues is and may be charged as a separate violation. C. In addition to any other remedy, a violation of, or noncompliance with, this chapter may result in the termination, modification, or revocation of any permits or approvals as issued. D. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town, including, but not limited to, the right to seek equitable relief. (1) Whenever the Town shall believe from evidence satisfactory to it that there is a violation of this chapter, the Town may bring an action to enjoin and restrain the continuation of such violation and in any such action: (a) Preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) The Town shall not be required to post any bond or undertaking; and (c) The Town need not prove that: [1] There is or will likely be irreparable harm; or [2] That the Town has no adequate remedy at law. (2) In such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing any civil penalties. The remedies provided by this chapter shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town, whether sounding in enforcement or otherwise. C. Section 253-23 is amended to read as follows: Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including July 15, 2020 29 for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality. Chapter 270, Zoning A. Section 270-3: (1) Definition of “dwelling, townhouse” is amended as indicated: A building containing two or more dwelling units, each of which has one or two sidewalls in common with sidewalls of abutting units and are party, or lot-line, walls. May contain rental or for-sale housing. Also see "dwelling, multiple-family" for more than one building. (2) Definition of “family,” is amended to read as follows: FAMILY — One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single dwelling unit, who are not related by blood, adoption, or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present: A. The group shares the entire dwelling unit. B. The group lives and cooks together as a single housekeeping unit. C. The group shares expenses for food, rent, utilities or other household expenses. D. The group is permanent and stable, and not transient or temporary in nature. E. Any other factor reasonably related to whether the group is the functional equivalent of a family. (3) Definition of “farm,” Subsection A, is amended as indicated: Complies with the regulations of the NYS Board of Equalization and AssessmentState Board of Real Property Tax Services; and (4) Definition of “townhouse” is repealed. B. Sections 270-5G and 270-26C are amended to change “Commercial General Business District” to read as “General Commercial District." C. Section 270-27F(2) is amended to change “30 days” to read as “62 days.” D. Section 270-27F(3) is amended to change “45 days" and "forty-five-day period" to read as "62 days" and "sixty-two-day period” respectively. E. Section 270-27I is added to read as follows: Notice to adjacent municipalities. Before taking action on certain site plan applications, the Planning Board shall provide notice to adjacent municipalities, as applicable, pursuant to General Municipal Law § 239-nn. F. Section 270-28A(6) is added to read as follows: July 15, 2020 30 Any application, permit, review, or other fees referenced in this chapter may be determined, amended, and periodically updated by the Town Board by resolution. In addition, fee schedules may be developed and approved by resolution to reimburse the Town for the reasonable and anticipated costs incurred in any review, including for public hearings, publication, mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews, legal and engineering (and other professional) consulting, and other incurred expenses of the Town. All such fees and fee schedules shall be reasonable and properly chargeable to the applicant or other person required to pay the same, and all such fees and fee schedules shall be periodically reviewed by the Town Board to ensure reasonableness and legality. G. Section 270-32C(6) is amended as indicated: A completed full environmental assessment form, Part 1 (SEQR, Sec.6 NYCRR 617.20, Appendix A). H. Section 270-36B(5) is amended to read as follows: Communication tower for the commercial reception or transmission of electronic signals. Permitted when such activity or facility is in compliance with Chapter 119, Communications Towers, of the Code of the Town of Lansing. I. Section 270-36C(5) is added to read as follows: Notice to adjacent municipalities. Before taking action on certain site plan applications, the Planning Board shall provide notice to adjacent municipalities, as applicable, pursuant to General Municipal Law § 239-nn. J. Section 270-59 is amended change “four members” to read as “3/4 of the members.” K. Schedule II, an attachment to Chapter 270, within the table entitled “Area, Frontage, Yard, Heights and Coverage Requirements,” is amended to change Note No. 10 as indicated: Height limitations do not apply to any building used for agricultural purposes. ([Also see § 270-18). Ch. 119 and Ch. 270, §§ 270-18 and 270-36B(5).] MOTION TO OPEN THE PUBLIC HEARING TO CONSIDER THE ANNUAL STORM WATER REPORT Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING TO CONSIDER THE ANNUAL STORM WATER REPORT at 6:48 pm. Councilperson Andra Benson, seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Doug Dake, moved to CLOSE THE PUBLIC HEARING TO CONSIDER THE ANNUAL STORM WATER REPORT at 6:50 pm. Councilperson Andra Benson, seconded the motion. All in Favor – 5 Opposed – 0 July 15, 2020 31 RESOLUTION APPROVING 2020 ANNUAL STORM WATER REPORT RESOLUTION 20-101 RESOLUTION APPROVING 2020 ANNUAL STORM WATER REPORT The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town’s Annual Storm Water Report is prepared and due for the required annual review pursuant to Local and State Laws and related regulations; and WHEREAS, a copy thereof was timely filed in the Office of the Town Clerk for public review; and WHEREAS, a Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of July, 2020, at 6:32 PM, to consider the Annual Storm Water Report, and all persons interested in the subject thereof were duly heard, and a summary and review thereof was duly had; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the 2020 Annual Storm Water Report be and hereby is approved, and once placed into its final form for submission to NYSDEC by the Town’s Storm Water Management Officer, said report may be signed and certified by the Town’s Storm Water Management Officer, by, for, on behalf of and in the name of the Town of Lansing, and the same shall be thereafter duly filed with the NYSDEC. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 15, 2020. MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 2020 – SOLAR AND WIND ENERGY SYSTEMS Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 2020 – SOLAR AND WIND ENERGY SYSTEMS at 6:52 pm. Councilperson Doug Dake, seconded the motion. All in Favor – 5 Opposed – 0 A resident stated their neighbor has 100 feet of solar panels in the front yard and they need to put up blankets to stop the glare. The resident asked how the neighbor was able to put this in the front yard. Supervisor Edward LaVigne stated, at that time, there was no Local Law to prevent this. Director of Planning C.J. Randall stated if this Local Law passes small scale solar will not be allowed in the front yard, in the future. July 15, 2020 32 MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Andra Benson, moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 3 OF 2020 – SOLAR AND WIND ENERGY SYSTEMS at 6:55 pm. Supervisor Edward LaVigne, seconded the motion. All in Favor – 5 Opposed – 0 RESOLUTION MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND ADOPTING LOCAL LAW NO. 3 OF 2020 OF THE TOWN OF LANSING TO AMEND THE LAND USE ORDINANCE RELATING TO SOLAR AND WIND ENERGY SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK Director of Planning C.J. Randall and Town Counsel Guy Krogh reviewed the County Planning recommendations which are stated in the resolution. Town Board discussed and decided to add the following to the proposed Local Law in Section 802.18.7: “Where Practicable, actively farmed prime agricultural soil should be avoided or protected and in agricultural districts actively farmed prime agricultural soils and soils of state wide importance shall be avoided or protected”. Councilperson Andra Benson stated New York State Article 23 will override this law. Director of Planning C.J. Randall reviewed State Environmental Assessment Form (SEAF) Part 2 and 3. RESOLUTION 20-102 RESOLUTION MAKING A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT AND ADOPTING LOCAL LAW NO. 3 OF 2020 OF THE TOWN OF LANSING TO AMEND THE LAND USE ORDINANCE RELATING TO SOLAR AND WIND ENERGY SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is authorized to adopt zoning provisions and local laws that advance and protect the health, safety and welfare of the community; and WHEREAS, the Town Board of the Town of Lansing determined that the existing Land Use Ordinance did not provide adequate specificity regarding the site planning tools available for the siting of solar and wind energy systems in the Town and directed amendments be prepared for the Town Board's consideration; and WHEREAS, said proposed Local Law proposes: to facilitate and regulate the development and operation of certain renewable energy systems based upon the use of sunlight and wind; to increase employment and business development in the Town of Lansing, to the extent reasonably practicable, by furthering the installation of Solar and Wind Energy Systems and related or independent battery and energy storage systems; to mitigate the impacts of such systems upon environmental resources, such as important agricultural lands, forests, wildlife and other protected resources; and to provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of such system in accordance with the Town of Lansing Comprehensive Plan and Agriculture and Farmland Protection Plan; and July 15, 2020 33 WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) require that a Lead Agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that for actions governed by local environmental review, the Lead Agency shall be that local agency which has primary responsibility for approving and carrying out the action; and WHEREAS, the Town Board, being the local agency, which has primary responsibility for approving and carrying out the action, did on May 20, 2020 declare intent to establish itself as the Lead Agency for environmental review via Resolution 20-84; and WHEREAS, this is an Unlisted Action under the State Environmental Quality Review Act Section 617.4(b)(2), which requires environmental review; and WHEREAS, this Board, acting as Lead Agency in environmental review, has on July 15, 2020, reviewed the criteria and determined the significance of the project including the proposed action, its location, its purpose, and its potential impacts on the environment, and reviewed and accepted as adequate a Short Environmental Assessment Form, Parts 1, 2, and 3, prepared by Lead Agency and Town Planning staff; and WHEREAS, the Tompkins County Planning Department has been given the opportunity to comment on the proposed Local Law; and WHEREAS, in a July 8, 2020 letter from Katherine Borgella, Tompkins County Commissioner of Planning and Sustainability, to C.J. Randall, Town of Lansing Director of Planning, pursuant to §239 -l, -m, and -n of the New York State General Municipal Law determined the Local Law may have negative inter-community, or county-wide impacts, and recommended the following modifications of the Local Law: Solar Energy 1. The proposed law should require that Solar Energy Facilities provide glare analyses on nearby uses that are particularly sensitive to impacts from glare, as recommended in the Tools document. Glare from Solar Energy Facilities depend on the angle of installation and on the specific product installed – different types of solar panels absorb different amounts of light. We recommend that a new requirement be added: • A glare analysis that addresses impacts on land uses that are particularly sensitive to impacts from glare, including nearby airports, heavily traveled highways, residential uses, and other commercial and institutional uses identified by the Town. 2. The proposed law should establish a requirement that the land located under solar panels be vegetated, as recommended in the Tools document. We recommend the addition of the following: • Unless solar panels are located over an existing parking lot or other already- paved area, a vegetative cover should be established and maintained underneath solar panels. 3. In addition to Section 802.18.7, Soils, the proposed law should address development of solar energy systems on actively farmed Prime agricultural soils. We realize that for larger scale Solar Energy Facilities, it may be impossible to entirely avoid actively farmed Prime agricultural soils. For smaller systems, where it may be possible to site the panels away from those areas, we recommend that a new section be added to the law: • To the extent practicable, Solar Energy Facilities should be designed to avoid disturbing more than 10 acres of actively farmed Prime agricultural soils. 4. Section 802.18.13 of the proposed law establishes siting restrictions for certain types of lands. That section should be amended to add: • Unique Natural Areas as identified by the Tompkins County Environmental Management Council (2017). July 15, 2020 34 Wind Energy While the proposed law regulates wind energy proposals where the system would sell its generated power, it is silent on wind systems designed for on-site use. The proposed law would thus, in effect, ban wind systems designed for on-site use. We recommend that the Town either: a) Develop a detailed regulatory scheme for on-site wind energy proposals. We refer you again to the attached Tools document as a place to start that work. We recognize it would take considerable time to draft such regulations. or b) Amend the proposed law to allow on-site wind energy systems in the same zoning districts where “wind energy source” is currently permitted in the Land Use Ordinance. That would require: • Adding a definition of Wind Energy Source as “An energy system consisting of one turbine for an individual home or business providing up to 25 kW and appurtenant facilities, excluding those facilities that are defined herein as Wind Energy Conversion Systems” and • In addition to keeping the newly proposed 4(a) Wind Energy Conversion System and 4(b) Non-Tower-Based Wind Energy Conversion System, retain the “Wind energy source” line in the Schedule of Land Uses from the existing ordinance - Section 503, Schedule I. E. ‘Utility and Miscellaneous Uses’. Land Use or Activity RA L1 R1 R2 R3 B1 B2 IR Wind energy source P* P* P* P* P* N P* P* WHEREAS, the comments were carefully considered by the Town Board; and WHEREAS, a duly noticed Public Hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of July 2020, at 6:33 pm, to consider public input and comments upon such proposed 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 deliberation there upon, the Town Board of the Town of Lansing has hereby RESOLVED, that the proposal will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act; and it is further RESOLVED, that the Town Supervisor is hereby authorized and directed to endorse the said Negative Declaration on Part 3 of the SEAF attached hereto; and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). RESOLVED, this Local Law shall take effect immediately upon adoption by the Town Board of the Town of Lansing. July 15, 2020 35 The question of the adoption of such proposed Resolution was duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 15, 2020. LOCAL LAW NUMBER NO. 3 OF 2020 A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE LAND USE ORDINANCE RELATING TO SOLAR AND WIND ENERGY SYSTEMS PROPOSED TO BE SITED IN THE TOWN OF LANSING, NEW YORK This Local Law hereby amends and supersedes existing Town rules and regulations pertaining to solar and wind energy generating facilities, and their infrastructure and related battery and storage facilities, including as set forth in the Town of Lansing Land Use Ordinance, as amended and re-stated March 18, 2015. The Town Board of The Town of Lansing, New York, pursuant to Resolution dated July 15, 2020, does hereby adopt and pass this Local Law Number NO. 3 of 2020, and therefore, be it so enacted as follows: SECTION 1 – AUTHORITY: This Local Law is adopted pursuant to the powers granted by §§ 130, 261, and 263 of the Town Law of the State of New York, and Municipal Home Rule Law § 10, which authorize the Town of Lansing to adopt zoning provisions and local laws that advance and protect the health, safety and welfare of the community. SECTION 2 – PURPOSE: The purpose of this Local Law is to facilitate and regulate the development and operation of certain renewable energy systems based upon the use of sunlight and wind; to increase employment and business development in the Town of Lansing, to the extent reasonably Practicable, by furthering the installation of Solar and Wind Energy Conversion Systems and related or independent battery and energy storage systems; to mitigate the impacts of such systems upon environmental resources, such as important agricultural lands, forests, wildlife and other protected resources; and to provide a regulatory scheme for the designation of properties most suitable for the location, construction and operation of such systems. It is in the public interest to allow for and encourage renewable energy systems in accordance with the Town of Lansing Comprehensive Plan and Agriculture and Farmland Protection Plan. SECTION 3 – APPLICABILITY: The requirements of this Law apply to all Solar Energy Systems, Wind Energy Conversion Systems, and Battery Energy Storage Systems proposed, modified, or installed after the effective date of this Local Law. SECTION 4 – AMENDMENTS TO THE LAND USE ORDINANCE: A. The Town of Lansing Land Use Ordinance, Article III: entitled ‘Definitions’ is amended by adding the following definitions: ACCESSORY STRUCTURE – A structure incidental and subordinate to a principal building or use in terms of area and function on the same lot, and used for purposes that are customarily found in association to those of the principal use. APPLICANT – A property owner, an entity or individual holding an option or contract to purchase a property, or any other affiliate or operator authorized in writing to act for such persons, who submits an application under the provisions of this Code. July 15, 2020 36 BATTERY ENERGY STORAGE SYSTEM – A rechargeable or other energy storage system consisting of electrochemical or other types of storage or cyclable batteries, battery chargers, controls, power conditioning systems and associated electrical equipment designed to provide electrical power to a building or other structure or facility. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM - A combination of photovoltaic building components integrated into the building envelope system of any legally permitted building or structure, such as vertical facades, skylights, roofing materials and shading over windows. CHAPTER – These zoning and land use regulations of the Town as set forth in the Code. CODE – The local laws, ordinances, codes, and policy requirements of processes, rules, and procedures of the Town of Lansing. COMMISSIONING - A systematic process that provides documented confirmation that a system functions according to the intended design criteria and complies with applicable code requirements. DECOMMISSIONING – A systematic process for removing an abandoned Battery Energy Storage System and / or Solar Energy Facility and remediating the land. FALL ZONE – The radius of an area below a Wind Energy Conversion System Tower equal to the Tower height plus the height of the generator and the attached blades plus a safety factor to allow for a clear space below in case of Tower failure, partial or full disintegration of the Tower or generating system, or the dropping of debris (such as ice) from Tower or generator. A Fall Zone of 120% of maximum facility height above ground level shall be presumed to be a Fall Zone with a sufficient safety factor, but each case may be viewed individually depending on location, the nature of the facility, materials science, and other factors relevant to such review. GROUND-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System whose components are attached to a mounting system anchored to the ground (including by static weighting) and detached from any other structure. LARGE-SCALE BATTERY ENERGY STORAGE SYSTEM - Battery energy storage systems with an aggregate energy Nameplate Capacity greater than or equal to 280kWh. NAMEPLATE CAPACITY – The maximum rated output of the electric power production of the Solar Photovoltaic System or Wind Energy Conversion System in Alternating Current (AC). NON-PARTICIPATING RESIDENCE OR OCCUPIED BUILDING – Any residence or building or structure expected or intended for human occupation or use, including as a workplace, where the owner of such residence, building, or structure has not agreed in writing with the owner or operator of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity to such non-participating structure, such a lease, license, or easement allowing a Tower Fall Zone to overlay their residence, building, or structure, or granting access to wind, light or air, or waiving any noise, setback, or zoning requirements. NON-TOWER BASED WIND ENERGY CONVERSION SYSTEM – A Wind Energy Conversion System that is not based upon or located upon a Tower, such as rooftop horizontal turbines, vertical flute or ‘candy cane’ poles under 30’ tall, or wind trees. July 15, 2020 37 PARTICIPATING RESIDENCE OR OCCUPIED BUILDING - Any residence or building or structure expected or intended for human occupation or use, including as a workplace, where the owner of such residence, building, or structure has agreed in writing with the owner or operator of an alternative energy facility to allow certain uses to be sited adjacent to or in proximity, such a lease, license, or easement allowing a Tower Fall Zone to overlay their residence, building, or structure, or granting access to wind, light or air, or waiving any noise, setback, or zoning requirements. PRACTICABLE – Capable of satisfying the overall project purposes, after taking into consideration cost, time, technology and logistics. RIGHT-OF-WAY - The total width of any land reserved or dedicated as a thoroughfare, alley, pedestrian or bicycle way, railway, waterway, or utility line. SMALL-SCALE BATTERY ENERGY STORAGE SYSTEM - Battery energy storage systems with an aggregate energy Nameplate Capacity less than 280kWh. SMALL-SCALE SOLAR ENERGY SYSTEM – A Building-Mounted Solar Energy System whose photovoltaic components occupy an area greater than 150 square feet on any code-compliant structure, or a Ground-Mounted Solar Energy System whose components cover a land area less than 10,000 square feet and whose energy output is primarily for on-site consumption. Small-Scale Solar Energy Systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility or placed on or delivered to the local or regional electrical grid. SOLAR ENERGY FACILITY – Ground-mounted or free-standing (racking or ballasts) solar collection devices, Solar Energy System related equipment, and other associated infrastructure whose components cover a land area greater than 10,000 square feet. The primary intention of a Solar Energy Facility is the generation of electricity or other conversion of solar energy to a different form of energy for commercial or off-site sale to a public utility, off-site users, or for placement on or delivery to the local or regional electrical grid. SOLAR PANEL – A photovoltaic device capable of collecting and converting solar energy into electrical energy. SOLAR PHOTOVOLTAIC SYSTEM or SOLAR ENERGY SYSTEM – An energy system that consists of one or more solar energy collection devices, solar energy related balance of system equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. SOLAR THERMAL SYSTEM – A Solar Energy System used to generate heated liquid from sunlight for transfer to potable water, a process liquid, or to a hydronic heating system using a collector and a transfer liquid, or an alternative Solar Energy System used to generate heated air from sunlight to heat spaces through passive convection or active fan driven means using a collector. This includes so-called ‘passive’ thermal systems using or creating heated water for swimming pools and residential uses. TOWER – A structure not intended for human habitation upon which wind energy conversion system equipment is designed to be located. It includes without limit, freestanding Towers, lattice Towers, guyed Towers, monopoles and other similar structures which may employ camouflage technology. WECS OPERATIONAL SOUND PRESSURE LEVEL – The level which is equaled or exceeded a stated percentage of time. A L10 classification means that a certain amount of dBA (“X” dBA) indicates that in any given hour of the day “X” dBA can be equaled or exceeded only 10% of the time, or for six minutes (thus, for illustrative purposes, an L 50 classification would mean that X dBA can be exceeded for no more than 30 July 15, 2020 38 minutes of any hour in any day). The measurement of the sound pressure level shall be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures. Unless otherwise described herein, WECS Operational Sound Pressure Level restrictions shall mean the cumulative existing ambient sound pressure level (as defined herein) plus the sound generated by the WECS. WIND ENERGY CONVERSION SYSTEM (or “WECS”) – A Wind Energy Conversion System that sells its generated power, whether by wires, grid-connections, metering, or a Battery Energy Storage System, to a third party, and such term includes the support Tower, foundations and support cables, the nacelle and electric generator, gearing, and braking, the rotor, blades, tail and other associated components, the associated electric and electronic connections, panels, boxes, controls, inverters, switches, transformers, gates, vehicular paths, fencing, the Fall Zone around each Tower, etc., whose power output is intended to be used on-site to offset on-site consumption of utility power and off-site, including through grid connections and the transmission or sale of energy to third parties. B. The Town of Lansing Land Use Ordinance, Section 503, Schedule I. E. ‘Utility and Miscellaneous’ uses 4, 5, and 6 are expressly repealed and superseded by the following: Land Use or Activity RA L1 R1 R2 R3 B1 B2 IR 4. (a) Wind Energy Conversion System SC* 802.19 N N N N N N SC* 802.19 4. (b) Non-Tower Based Wind Energy Conversion Systems Z 702.14 Z 702.14 Z 702.14 Z 702.14 Z 702.14 Z 702.14 Z 702.14 Z 702.14 5. (a) Small-Scale Solar Energy System Z 702.13 Z 702.13 Z 702.13 Z 702.13 Z 702.13 Z 702.13 Z 702.13 Z 702.13 5. (b) Solar Energy Facility SC* 802.18 N N N N N N SC* 802.18 13. (a) Small-Scale Battery Energy Storage System P P P P P P P P 13. (b) Large-Scale Battery Energy Storage System SC* 802.20 N N N N SC* 802.20 SC* 802.20 SC* 802.20 C. A new Section 613 is added as follows: 613 Alternative Energy Systems, Generally 613.1 The requirements of this § 613 and its subsections apply to all Solar Energy Systems, Wind Energy Conversion Systems, and Battery Energy Storage Systems proposed, modified, or installed upon any lands or structures, excluding routine or minor general maintenance and repair. However, “routine or minor general maintenance and repair” shall not in any one situation or case involve the replacement or repair of 50% or more of the area or square footage of land occupancy of the use, or 50% of the value of the facility. The determination as to whether a given action or application qualifies as “routine or minor general maintenance and repair” shall be determined in each case and for all lands, parcels, and uses, by the Town’s Zoning Officer by written opinion, duly filed. 613.2 The installation of any Solar Energy System does not carry with it any right to a clear line of sight to the sun. It is understood that an Applicant, installer, or developer has the responsibility to make sure that the Solar Energy System(s) are positioned in such a way that they will achieve the optimal energy production Practicable. It is the responsibility of the Applicant, installer, or developer to obtain any and all rights, easements, or agreements July 15, 2020 39 as are or may be necessary to acquire and maintain a line of sight to the sun, if necessary. 613.3 The installation of any Wind Energy Conversion System does not carry with it a right to an uninhibited wind resource. It is understood that an Applicant, installer, or developer has the responsibility to make sure that the Wind Energy Conversion System(s) are positioned in such a way that they will achieve the optimal energy production Practicable. It is the responsibility of the Applicant, installer, or developer to obtain any and all rights, easements, or agreements as are or may be necessary to acquire and maintain an uninhibited wind resource, if necessary. 613.4 No Solar Energy System or Wind Energy Conversion System shall be located in a manner as will unreasonably reduce or impede the amount of sunlight or air available to any adjacent lot. 613.5 No Solar Energy System or Wind Energy Conversion System shall be located in a manner as to reduce or impede the function of any other pre- existing Solar Energy System or Wind Energy Conversion System, or any radio or microwave communication device. 613.6 All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (“Building Code”), the NYS Energy Conservation Code (“Energy Code”), and the Town of Lansing Code. 613.7 Any Alternative Energy System, including all Solar Energy Systems and Wind Energy Conversion Systems that produce electricity primarily for active farming or agricultural uses, where the generation is less than one hundred and ten percent (110%) of the farm use, are exempt from Site Plan Review or Zoning Permit review if, in the determination of the zoning officer, the following standards are demonstrated and met: (i) all building, electrical, fire and other codes have and will be adhered to; (ii) where required, applicable permits and approvals will be, or have been, obtained for interconnection with any distributed electric power system, including distribution or metering to any local or regional electrical grid; and (iii) all other applicable zoning rules, such as yardage and setbacks, have been duly met. 613.8 All Alternative Energy Systems require building permits. 613.9 Alternative Energy Systems that require a zoning permit but which do not meet the zoning permit requirements for any one or more reasons shall be permitted if an appropriate variance is obtained. 613.10 No grid-tied Solar Energy System may be installed until the Applicant has submitted evidence that the utility company has been informed of the customer’s intent to install an interconnected customer-owned generator or meter, including the receipt of documentation from said utility that it will connect the system. Off-grid systems shall be exempt from this requirement. D. Existing § 702.13 is renumbered to § 702.16 in order to remain at the end of the zoning permit rules. E. A new § 702.13 is added and replaces the old section numbered thusly, which new § 702.13 reads as follows: 702.13 Small-Scale Solar Energy System Zoning Permit Requirements July 15, 2020 40 702.13.1 Building permits are required for all Solar Energy System installations except Solar Energy Systems under 1,000 watts not grid-tied or connected to a building or Accessory Structure. 702.13.2 Small-Scale Solar Energy Systems that are Building-Integrated Solar Energy Systems are allowed in all Zoning Districts. Such systems must be: i. Mounted or integral to a lawfully-permitted building or structure; ii. To the maximum extent Practicable, Solar Energy Systems must not obscure architectural details or features; and iii. May not be installed in required open space or buffer areas, park or playground/recreational set-aside areas, in required front yards, or within any required side or rear yard setbacks, or in a manner as violates any bulk, density, coverage or yardage rules for the zone in which situate. 702.13.3 Small-Scale Solar Energy Systems that are Small-Scale Ground-Mounted Solar Energy Systems are allowed in all Zoning Districts and must meet the following requirements: i. No components of Ground-Mounted Solar Energy Systems shall exceed 18 feet above finished grade when the system is oriented at maximum tilt from horizontal. ii. All such systems must meet all setback and yardage requirements as are required of principal buildings or structures in the applicable zoning district. iii. The horizontal surface area covered by Ground-Mounted Solar Energy Systems must be included in total lot coverage calculations and, when combined with the coverage of other structures, the total area must not violate any Minimum Open Space required in the underlying zoning district. In Planned Development Areas that do not reference underlying bulk or area requirements for Solar Energy Systems, the addition of a ground-mounted system shall not create or extend any lot coverage beyond 25%. iv. Ground-Mounted Solar Energy Systems are not permitted in any front yard and must be sited entirely behind the Front Yard Line as depicted in Section 504, Schedule II – Drawing 1. F. A new § 702.14 is added and reads as follows: 702.14 Non-Tower Based Wind Energy Conversion System Zoning Permit Requirements 702.14.1 Building-integrated or mounted unit systems must be mounted or integral to a lawfully permitted building or structure. However, no existing building can be re-purposed or modified to serve as a Wind Energy Conversion System as a principal use, and no existing structure may be retrofitted to support a new Wind Energy Conversion System without the certification by a licensed New York State Engineer confirming the inspection of and the structural integrity of the building or structure. July 15, 2020 41 702.14.2 Rooftop installations must be setback from roof edges a minimum of 18” and must meet the height requirements for the Zoning District where installed, when measured from the average grade to the highest point of the system. 702.14.3 Rooftop installations may extend a maximum of 6' above the roof line or to the height limit allowed by the requirements of the Code, whichever is lower. 702.14.4 No components shall exceed 18' above average original ground elevation levels if not building-mounted. 702.14.5 All setback and yardage requirements as are required of principal buildings or structures in the applicable zoning district, and any non-building mounted system must be calculated in determining Minimum Open Space requirements. In Planned Development Areas that do not reference underlying bulk or area requirements for Wind Energy Conversion Systems, the addition of a ground-mounted system shall not create or extend any lot coverage beyond 25%. 702.14.6 Non-building mounted systems are not permitted in any front yard and must be sited entirely behind the Front Yard Line as depicted in Section 504, Schedule II – Drawing 1. 702.14.7 Noise attributable to a Non-Tower Based Wind Energy Conversion System cannot exceed 42 dBA during daytime hours (6am-10pm) and 35 dBA during nighttime hours (10pm-6am) as measured from the property lines of the lot upon which the same is/are to be installed. 702.14.8 All systems and components shall be camouflaged and designed to be architecturally consistent with buildings and yards on the lot. G. A new § 802.18 is hereby added as follows: 802.18 Solar Energy Facility Special Conditions, including for Site Plan Review 802.18.1 All Solar Energy Facilities require Site Plan review and approval by the Planning Board. A Development Review Application must be accompanied by all the appropriate application fees, forms, and number of copies of all plans and supporting documentation, including but not limited to the following: i. A State Environmental Quality Review Act (“SEQRA”) environmental assessment form, substantially completed, with accompanying data, schedules and mappings as reasonably requested by the Town. ii. Evidence that a copy of the Development Review Application, and submittals outlined below, have been submitted to the appropriate Fire Chief, together with a copy of shut-off switching diagrams. iii. An emergency response plan. iv. The location and nature of any proposed utility easements and infrastructure, including a utility plan if required by the Town, and including a one- or three-line electrical diagram detailing the Solar Energy Facility, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. July 15, 2020 42 v. Identification of areas of potential environmental sensitivity, including Distinctive Views as enumerated in the Tompkins County Scenic Resources Inventory; onsite or nearby Unique Natural Areas; slopes greater than 15%; floodplains; historic sites; airports; government lands; conservation easements; trails; parkland; prime soils; and wetlands (including wetland delineations, as required). vi. Plans or drawings of the Solar Energy Facility prepared by a Registered Professional Engineer licensed in the State of New York, showing the proposed layout of the system and any potential shading of and from nearby structures or vegetation. vii. Documentation of solar collector type including but not limited to equipment specification sheets for all Solar Panels and collectors, significant components, mounting systems, and inverters that are to be installed, as well as proposed solar energy production Nameplate Capacity design levels proposed for the Solar Energy Facility and the basis for the calculations of the area of the Solar Energy Facility’s Nameplate Capacity. viii. Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed installation. ix. An operation and maintenance plan, including description of continuing Solar Energy Facility maintenance and property upkeep, such as mowing and trimming, safe access to the installation, as well as general procedures for operational inspections and maintenance of the installation. x. A Stormwater Pollution Prevention Plan (SWPPP) as required by the Town of Lansing Stormwater and Erosion Control Local Law. xi. Name, address and contact information for the proposed system installer, together with proof of liability insurance showing compliance with industry standards. xii. A decommissioning plan and related securitization of such obligation, as further set forth in this Chapter. 802.18.2 Additional review processes and requirements: i. No review shall commence until it is determined by the Planning Board that the application and the Site Plan submissions are substantially complete. ii. At the expense of the Applicant the Town may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting approval(s) have been met, including whether the Applicant’s conclusions regarding safety, visual impacts, structural integrity, and stormwater management are accurate and comply with generally accepted and reliable engineering and technical data and standards. July 15, 2020 43 iii. The facility must demonstrate compliance with all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. 802.18.3 Height. Solar collection devices are limited to a maximum height of 18’ feet when the system is oriented at maximum tilt from horizontal. Movable or tracking systems are permitted, but must meet this 18’ maximum height rule. 802.18.4 Coverage. The horizontal surface area covered by solar collection devices must be included in total lot coverage and, when combined with the coverage of other structures, the total area must not exceed the maximum lot coverage as permitted in the underlying zoning district. 802.18.5 Appurtenant structures. All appurtenant structures to Solar Energy Facilities, including but not limited to equipment structures, storage facilities, Battery Energy Storage containers, transformers, and substations, must be architecturally compatible with each other. Whenever Practicable, structures should be screened from view by vegetation and joined or clustered to avoid or minimize adverse visual impacts. 802.18.6 Visual Effect. The Solar Energy Facility must have the least visual effect reasonably Practicable on the environment, as determined by the Planning Board. The determination must be based on site specific conditions including topography, adjacent structures, and roadways. Solar Energy Facilities must avoid clearing extensive areas of forest, and Practicable efforts must be made to minimize visual impacts by preserving natural vegetation and providing dense evergreen landscape screening to abutting residential properties and roads, yet screening should minimize the shading of solar collectors. 802.18.7 Soils. Solar Energy Systems sited on Prime Farmland or Farmland of Statewide Importance may be required to seed up to twenty percent (20%) of the total surface area of panels on the lot with native perennial vegetation designed to attract pollinators. The Planning Board may specify free- standing ballast or racking systems. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. No topsoil shall be removed from the site. The Site Plan shall clearly designate topsoil stockpile areas in the field and on the construction drawings. Where Practicable, actively farmed prime agricultural soil should be avoided or protected and in agricultural districts actively farmed prime agricultural soils and soils of state wide importance shall be avoided or protected. 802.18.8 Fencing. Notwithstanding the provisions found in §611, fences not exceeding eight (8) feet in height, including open-weave and solid fences, shall be permitted for the purpose of screening or enclosing Solar Energy Facilities. Fencing to prevent unauthorized access shall enclose Solar Energy Facilities. Warning signs with the owner’s name and emergency contact information must be placed on any access point to the system and on the perimeter of the fencing. Landscaping or planted buffers are required to avoid adverse aesthetic impacts, and fencing or walls may be required and fences or walls, where required, shall tend towards solid-cover visual buffers that emphasize natural materials and muted color schemes. Chain link, barbed, razor, and concertina wires, electrically charged wire, railroad ties, concrete masonry units, scrap metal, tarped, and cloth fences and accessory parts should be avoided. 802.18.9 Utilities. Practicable efforts, as determined by the Planning Board, shall be made to place all utility connections for the Solar Energy Facility underground, depending on appropriate soil conditions, shape, and July 15, 2020 44 topography of the site and any requirements of the utility provider. When aboveground cables and transmission lines must cross agricultural fields, utility poles that provide longer spanning distances should be located on field edges to the greatest extent Practicable to avoid bisecting of agricultural lands. Electrical transformers for utility interconnections may be aboveground if required by the utility provider. 802.18.10 Lighting. Motion-activated or staff-activated security lighting around the equipment area of a Solar Energy Facility or Accessory Structure entrance may be installed, provided that such lighting meets International Dark-Sky Association or similar standards and does not produce unreasonable fugitive light or glare from the project site. Such lighting should only be activated when the area within the fenced perimeter has been entered. 802.18.11 Ingress and Egress. Any new on-site vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction; they should not be more than sixteen (16) feet in width and should be constructed at grade. A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public Right-of-Way. Fencing, gates, and other locked or secured/inaccessible areas require a lock-box for emergency and fire access as required by code. 802.18.12 Parking. Equipment and vehicles not used in direct support, renovations, additions or repair of any Solar Energy Facility must not be stored or parked on the facility site. 802.18.13 Siting Restrictions. Solar Energy Facilities should not be located in the following areas unless otherwise approved by the Planning Board in conjunction with a Site Plan review process: i. Critical Environmental Areas as designated by the Town of Lansing, Areas of special flood hazard concern as defined by the Town of Lansing Flood Damage Prevention and Flood Plain Management and Construction Local Law; Adjacent to or within the control zone of any airport; Upon properties that constitute public trust lands, unless consistent with the purposes of such public trust, and in jurisdictional wetlands and wetlands duly declared to be of local importance. ii. On slopes of greater than fifteen percent (15%). The Planning Board may specify free-standing ballast or racking systems that match existing elevations and contour variations. iii. Within 100 feet of perennial streams and within 50 feet of intermittent streams. 802.18.14 Abandonment and Decommissioning. A Decommissioning Plan shall be submitted with each Application in accordance with § 802.21 of this Chapter. Approval of the Decommissioning Plan by the Town Planning Board shall be required, including under Site Plan review. Removal of Solar Energy Facilities must be completed in accordance with the Decommissioning Plan. If the Solar Energy Facility is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality. H. A new § 802.19 is hereby added as follows: July 15, 2020 45 802.19 Wind Energy Conversion Systems Special Conditions, including for Site Plan Review 802.19.1 A building permit and electrical permitting is required for all Wind Energy Conversion System installations, and this Section (and its subsections) do not apply to Non-Tower Based Wind Energy Conversion Systems mainly intended to generate energy for on-site use, and are instead regulated by § 702.14 of this Chapter. 802.19.2 Wind Energy Conversion Systems are not permitted in any front yard and must be sited entirely behind the front building line of the principal building on the lot. If the wind energy conversion system is the principal use on the lot, it must meet all yardage, setback, and related zoning requirements for the zone(s) in which situated. 802.19.3 No existing structure shall be modified to serve as a Wind Energy Conversion System Tower. 802.19.4 No existing wind Tower shall be retrofitted to support a new Wind Energy Conversion System without the certification by a licensed New York State Engineer confirming the inspection and the structural integrity of the existing Tower. 802.19.5 The Fall Zone must be wholly within the setback and yardage rules for the zone in which the Tower is situate. If the Fall Zone crosses any zoning district line, the more restrictive setback and yardage rules shall apply. The Fall Zone around any ground-mounted Tower constructed as part of a Wind Energy Conversion System shall be a circular area around the Tower, the center point of which is marked by the center of the base of the Tower, with a radius at least equal to the facility's height plus 10 feet. The entire Fall Zone may not include public roads, overhead transmission lines, above- ground fuel storage or pumping facilities, or human-occupied buildings, and must be located on property owned by a Participating Residence or Occupied Building. The minimum setback between the center of the base of the Tower and any unoccupied buildings or other structures is 15 feet. 802.19.6 No Tower or structure shall exceed 200’ in overall height as measured from the average pre-construction ground surface elevation to highest point of any part of the facility, with moving parts measured at the highest points of their extensions. 802.19.7 Noise attributable to a Wind Energy Conversion System cannot exceed 42 dBA during daytime hours (6am-10pm) and 35 dBA during nighttime hours (10pm-6am) at the nearest outside wall of a Non-Participating Residence or Occupied Building. In addition, short term (15-minute maximum) maximum design standard noise levels shall not exceed 50 dBA. In the event audible noise due to wind energy conversion system operations contains a steady pure tone, the owner shall promptly take corrective action to permanently eliminate the noise. An owner of a Non-Participating Residence or Occupied Building may waive noise limit requirements with a written Mitigation Waiver agreement. A manufacturer’s proof of third-party certification of noise levels to the latest AWEA (American Wind Energy Association) published standard at the time of application showing sound level testing that meets the above criteria shall be accepted as noise design compliance for permitting, installation and operating purposes. 802.19.8 All wind energy facilities shall be installed by a qualified wind energy installer and, prior to operation, the electrical connections and structural integrity must be inspected by a Town Code Enforcement Officer and by July 15, 2020 46 appropriate electrical and structural inspection persons or agencies, as determined by the Town. 802.19.9 If connected to a public utility system for net-metering purposes, all wind energy conversion systems shall meet the requirements for interconnection and operation as set forth in the public utility's then-current service regulations applicable to wind power generation facilities, and the connection shall be inspected by the appropriate public utility. 802.19.10 No Wind Energy Conversion System shall be used for signage, promotional or advertising purposes, including but not limited to company names, phone numbers, banners, streamers, and balloons. Reasonable identification of the manufacturer or owner of the wind energy facility or fencing is permitted. 802.19.11 Wind Energy Conversion Systems shall be painted or finished with a non- reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest Practicable extent, and shall incorporate non-reflective surfaces to minimize visual disruption. 802.19.12 No Wind Energy Conversion System shall be artificially lighted except to the extent required by the Federal Aviation Administration or other applicable authority, or for safety and access/repair lighting. Motion sensing lighting or control switching is preferred for lighting, including to minimize fugitive light and glare. 802.19.13 Abandonment and Decommissioning. A Decommissioning Plan shall be submitted with each Application in accordance with § 802.21 of this Chapter. Approval of the Decommissioning Plan by the Town Planning Board shall be required, including under Site Plan review. Removal of all Wind Energy Conversion Systems must be completed in accordance with the Decommissioning Plan. If the Wind Energy Conversion System and all site facilities are not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality. I. A new § 802.20 is added as follows: 802.20 Large-Scale Battery Energy Storage Systems Special Conditions, including for Site Plan Review 802.20.1 Building and electrical permits shall be required for all battery energy storage systems. A development review application must be accompanied by all the appropriate application fees, forms, and number of copies of all plans and supporting documentation, including but not limited to the following: i. A State Environmental Quality Review Act (“SEQRA”) environmental assessment form, substantially completed, with accompanying data, schedules and mappings as reasonably requested by the Town. ii. Evidence that a copy of the Development Review Application, and submittals outlined below, have been submitted to the appropriate Fire Chief, together with a copy of shut-off switching diagrams. iii. An emergency response and Fire Safety Compliance Plan. Such plans shall document and verify that the system and its associated controls and safety systems are in compliance with the applicable fire prevention code, including procedures for safe shutdown, de- energizing, or isolation of equipment and systems under emergency July 15, 2020 47 conditions and emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. iv. The location and nature of any proposed utility easements and infrastructure, including a utility plan if required by the Town, and including a one- or three-line electrical diagram detailing battery installations, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. v. Identification of areas of potential environmental sensitivity, including onsite or nearby Unique Natural Areas; slopes greater than 15%; floodplains; historic sites; airports; government lands; conservation easements; trails; parkland; prime soils; and wetlands (including wetland delineations, as required). vi. A preliminary equipment specification sheet that documents the proposed Battery Energy Storage System components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit. vii. A Commissioning plan or related documents that verify that the system and its associated controls and safety systems are in proper working condition, as conducted and prepared by a New York State Licensed Professional Engineer or Registered Architect after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after Commissioning. A report describing the results of the system Commissioning and including the results of the initial acceptance testing shall be provided to the Planning Board prior to final inspection and approval and maintained at an approved on-site location. viii. A system and property operations and maintenance plan describing continuing Battery Energy Storage System maintenance and property upkeep, as well as design, construction, installation, testing and Commissioning information. ix. A description of any battery rotation or replacement cycles or operational plans, including whether the batteries are for stand-by power to be distributed on the site or to charge batteries for off-site use. x. A Stormwater Pollution Prevention Plan (SWPPP) as required by the Town of Lansing Stormwater and Erosion Control Local Law. xi. Name, address and contact information for the proposed system installer, together with proof of liability insurance showing compliance with industry standards. xii. A Decommissioning plan and related securitization of such obligation, as further set forth in § 802.21 of this Chapter. Battery removal/disposal is required for Decommissioning. July 15, 2020 48 802.20.2 Additional review processes and requirements: i. No review shall commence until it is determined by the Planning Board that the application and the site plan submissions are substantially complete. ii. At the expense of the Applicant, the Town may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting approval(s) have been met, including whether the Applicant’s conclusions regarding safety, visual impacts, structural integrity, and stormwater management are accurate and comply with generally accepted and reliable engineering and technical data and standards. iii. The facility must demonstrate compliance with all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. 802.20.3 Large-Scale Battery Energy Storage Systems shall be sited to minimize impacts to the following areas and types of lands: i. Designated Agricultural Districts and actively-farmed prime agricultural soils as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS), or alternative available resource. i. Critical Environmental Areas as designated by the Town of Lansing, areas of special flood hazard concern as defined by the Town of Lansing Flood Damage Prevention and Flood Plain Management and Construction Local Law; Adjacent to or within the control zone of any airport; Upon properties that constitute public trust lands, unless consistent with the purposes of such public trust, and in jurisdictional wetlands and wetlands duly declared to be of local importance. iii. On slopes of greater than fifteen percent (15%). iv. Within 100 feet of perennial streams and within 50 feet of intermittent streams. 802.20.4 All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company Right-of-Way and any new interconnection equipment, including without limitation any poles, with new easements and Right-of-Way. 802.20.5 Signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated therewith, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information. As required by the National Electrical Code, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. 802.20.6 Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be shielded and downcast from abutting properties to the extent reasonably Practicable. July 15, 2020 49 802.20.7 Areas within 10’ feet on each side of Large-Scale Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent Practicable. 802.20.8 The accumulation, collection, incineration, disposal, or storage of old, unusable, dead, or damaged batteries is expressly prohibited. J. A new § 802.21 is added as follows: 802.21 Abandonment and Decommissioning of Battery Energy Storage Systems, Solar Energy Facilities, and Wind Energy Conversion Systems 802.21.1 A Decommissioning Plan shall, at a minimum, contain the following elements and meet the following requirements. i. Specify when and what constitutes an event requiring decommissioning, including abandonment of the facility. In all cases the lack of production for 6 months (or for 12 of any 18 months) and the violation of any site plan conditions, the lack of a current permit or violation of permit conditions, including but not limited to maintenance of any required decommissioning bond or security, shall be an event requiring decommissioning. ii. Specify the form and type of notice required to the Town in the event of any decommissioning, sale, transfer, partial transfer, assignment, or occurrence of any event which may result in an act or partial order requiring partial or complete decommissioning of the site. iii. The means and methods by which utility interconnections will be removed and permitted by the utility provider, as well as all electrical and other safety precautions undertaken during removal. iv. All decommissioning and restoration activities shall be completed within 150 days of the date decommissioning was ordered or required, including under the plan. v. Demonstrate the removal of all Solar Panels, Battery Energy Storage Systems, wind turbines, electrical appurtenances, Towers, structures, equipment, security barriers and transmission lines. vi. Demonstrate the minimization of disruption to field drains and soils, and the remediation of drains and soils, including stabilization and revegetation of any sites or disturbances, including as minimize erosion. Decompaction of soils to 18 inches and removal of any installed materials to 4 feet is required. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in place to minimize erosion and disruption to vegetation in a proper case, but generally all of the New York Department of Agriculture and Markets’ Guidelines for Agricultural Mitigation for Wind Power Projects or Solar Energy Projects, as applicable, shall be adhered to in any plan. vii. Specify disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations, including the removal of any damaged or contaminated soils. No designation of July 15, 2020 50 any facilities by a ‘beneficial use declaration’ shall be permitted to vary this clean-up and remediation/disposal rule. viii. Include an expected timeline for execution, together with a cost estimate detailing the projected cost of executing the Decommissioning Plan, duly prepared and sealed by a Professional Engineer. Cost estimations must take inflation into account over the expected life of project, and have a mechanism to ensure the periodic updating and securitization of decommissioning costs. 802.21.2 Removal of all Large-Scale Battery Energy Storage Systems, Solar Energy Facilities, and Commercial Wind Energy Conversion Systems must be completed in accordance with the Decommissioning Plan. If all site facilities are not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality. 802.21.3 Financial Surety. An Applicant for a Large-Scale Battery Energy Storage System, Solar Energy Facility, or Commercial Wind Energy Conversion Systems shall provide a form of surety, either through Development Escrow Agreement, bond, letter or credit, or like form approved by the Planning Board, to cover all costs of decommissioning and removal calculated at a minimum of 125% of the approved estimated cost of decommissioning and restoration. The estimate of costs shall be prepared by a licensed engineer and be sealed accordingly, and the annual cost shall take into account New York State prevailing wage rules and any inflationary rise in surety amounts covered, contain an evergreen clause, or otherwise account for increases in the cost of decommissioning and restoration in a manner as approved by the Planning Board. At a minimum, at least once every 3 years after any approval or permit is issued by the Town, the Applicant or then future owner or operator of the facility shall provide updated certified cost estimate for decommissioning, removal, and restoration, and if the resulting 125% cost requirement shows that the exiting security or bond is monetarily insufficient, then the owner shall update such bond or undertaking, or see to its replacement or supplementation in an amount to equal such updated minimum 125% of cost number. SECTION 5—ENFORCEMENT: Any violation of this Local Law shall be enforced in accordance with this Chapter, the Code, or applicable law. SECTION 6—SEVERABILITY: The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional must not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which must remain in full force and effect. SECTION 7—EFFECTIVE DATE: This Local Law shall take effect immediately. MOTION TO OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 2020 – OVERRIDE TAX LEVY LIMIT Councilperson Andra Benson, moved to OPEN THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 2020 – OVERRIDE TAX LEVY LIMIT at 7:40 pm. Supervisor Edward LaVigne, seconded the motion. All in Favor – 5 Opposed – 0 No one addressed the Town Board. July 15, 2020 51 MOTION TO CLOSE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore, moved to CLOSE THE PUBLIC HEARING ON PROPOSED LOCAL LAW NO. 4 OF 2020 – OVERRIDE TAX LEVY LIMIT at 7:42 pm. Supervisor Edward LaVigne, seconded the motion. All in Favor – 5 Opposed – 0 RESOLUTION ADOPTING LOCAL LAW NO. 4 OF 2020 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C RESOLUTION 20-103 RESOLUTION ADOPTING LOCAL LAW NO. 4 OF 2020 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Board of the Town of Lansing is hereby authorized to adopt a budget for the fiscal year 2021; and WHEREAS, the proposed Local Law NO. 4 of 2020 proposes to authorize the Town Board to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins, for the fiscal year beginning January 1, 2021 and ending December 31, 2021, so as to allow, if necessary or desired, a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-C; and WHEREAS, a Public Hearing was duly held upon July 15, 2020 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, whereas the public was invited to comment upon the proposed Local Law, and whereat all persons interested in the subject were duly heard and all evidence submitted, if any, was duly received; and WHEREAS, upon due deliberation thereupon, and in consideration of all discussions and matters arising from or in relation to the aforesaid Public Hearing, the Town Board of the Town of Lansing has hereby resolved, and thus be it so enacted, as follows: RESOLVED, that Local Law Number 4 of 2020 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”; and it is further RESOLVED, that in accord with §21 of the Municipal Home Rule Law, the final adopted version of this Local Law shall be presented to the Supervisor for approval; and it is further RESOLVED, that upon such approval by the Supervisor (or other approval occurring pursuant to said §21 of the Municipal Home Rule Law), and within 20 days after the final adoption of this Local Law, the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye July 15, 2020 52 Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 15, 2020. TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 4 OF 2020 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town of Lansing as follows: SECTION 1: LEGISLATIVE INTENT: This Local Law shall be known as “Local Law, Number 4 of 2020”. It is the intent of Local Law Number 4 of 2020 to override the limit on the amount of real property taxes that may be levied by the Town of Lansing, County of Tompkins pursuant to General Municipal Law §3-C, and to allow the Town of Lansing, County of Tompkins to adopt a Town budget for (a) Town purposes, and (b) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1, 2021 and ending December 31, 2021 that requires a real property tax levy in excess of the “Tax Levy Limit” as defined by General Municipal Law §3-C. SECTION 2: AUTHORITY: This Local Law is adopted pursuant to subdivision 5 of General Municipal Law §3-C, which expressly authorizes the Town Board to override the Tax Levy Limit by the adoption of a Local Law approved by vote of at least sixty (60%) of the Town Board. SECTION 3: TAX LEVY LIMIT OVERRIDE: The Town Board of the Town of Lansing, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2021 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-C. SECTION 4: SEVERABILITY: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of the Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. SECTION 5: EFFECTIVE DATE: This Local Law shall take effect immediately upon filing with the Secretary of State. PRIVILEGE OF THE FLOOR – COMMENTS No one addressed the Town Board. LANSING COMMUNITY LIBRARY REPORT – CHRISTINE EISENHUT The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY July 15, 2020 1. The Library is now open for curbside pick-up. The hours are Monday and Wednesday from 4- 7pm and Tuesday and Thursday from 10am-1pm. 2. We are working with the County to see when and how we can open by appointment on a limited basis for computer use and browsing materials. 3. Inter-library loans will begin July 13th. July 15, 2020 53 4. Registration is open on-line for the Summer Reading program – Imagine Your Story. We will have a fun, contactless plan with many prizes and incentives. 5. Order Take and Make Crafts – Patrons can take and make crafts for their family each week from July 6th – August 22nd. The crafts are loosely based on our Summer Reading theme. 6. Isabelle Schweitzer was elected as a new Trustee to the Board. 7. The LCL’s wifi is not password protected. The community is welcome to park in the lot to access the Internet. Soon patrons will also be able to print and fax wirelessly from the parking lot as well. 8. The Facebook page and website are updated frequently with the latest community and on-line library events. Councilperson Andra Benson stated the Lansing Library is following the same schedule as the Tompkins County Library; they are waiting for permission to re-open. She noted, they are following the cleaning protocol. LANSING YOUTH SERVICES – BRIDGETTE NUGENT The following report was available as a handout. Lansing Youth Commission; Est. 1987 Supports Lansing Youth Services Youth Employment Programs July 2020 LYS’ next virtual meeting will be on Thursday, July 16th. The focus of that meeting will be to approve 2021 budget recommendations. Having Town budget guidelines for 2021 will be necessary to guide this discussion. 1. LYS has been continuing to conduct online programs with youth. The school year ended with Kitchen Science, Backyard Adventures and Dungeons and Dragons stayed strong throughout the end! Youth Employees continued to meet up until the last week of school and a few are interested in summer work, both with LYS programs as well as the Library. A few brand new placements may also be around the corner! 2. The LYS Summer Skies programs are looking forward to holding safe, in person sessions taking place at Myers Park, as well as online. The programs are as follows: • Nature Exploration • Phenomenal Photographers • D.I.Y. and Primitives • Funky Furniture • Lake Life • Get Lost 3. The Program Manager has been partaking in trainings weekly and excited to see participants again! 4. The June 29th Lansing Youth Services meeting was rescheduled to July 16th and will focus discussion specifically on the 2021 budget. The following updates related to the budget have been shared: a. County Youth Services, along with all other County departments, has been requested to submit two budget scenarios for 2021 by the County Administrator. The first scenario is for level/flat funding with no increase to local (County) funds and the second is one with a 12% decrease to local (County) funds. July 15, 2020 54 b. County Youth Services has worked with RYS Coordinator to prepare 2021 budget for presentation to the LYS on July 16th. c. Any guidance from the Town on their projected budget impacts would be most helpful in creating the 2021 Lansing Youth Services budget. Councilperson Andra Benson stated the Summer Skies programs are set for Myers Park. TOMPKINS COUNTY LEGISLATOR – MIKE SIGLER No report. PARKS AND RECREATION REPORT – PATRICK TYRRELL The following report was available as a handout. Parks & Recreation 7/15/20 Town Board Meeting RECREATION • Day camp at Myers Park is running, Dan Cheatham has done an excellent job of navigating the COVID-19 guidelines. We filled every session, fastest ever! • Baseball camp has begun, we are working with Total Baseball to offer a quality camp. • Work has been done on both batting cages and we hope to have them completed soon. • Bathrooms on the ballfields are now open with routine cleaning done throughout the day. PARKS • Concerts unfortunately have been cancelled for this summer due to public gathering rules. • Myers and Ludlowville Parks have been busier than ever, revenue has been great. We have had over 14,000 people come through Myers Park already this year. • All TC Health Dept inspections of our facilities have gone very well with no violations. • Cameras are working well; we have noticed that we may need to add several. • Beachfront swimming is open. We have had lots of swimmers due to the heat; our capacity has been cut to 50 swimmers. • July 4th weekend was busier than ever even without fireworks or BBQ, being able to charge was huge over $7000 that weekend alone. • Speed bumps have been added to Salt Point roadway to slow traffic. We are closing the gate every evening around 10pm. • We are currently going through the proposals for Parks & Trails master plan. • Pavilions are now available to rent, limited to 50 people. • My staff has done a tremendous job working through all of the policies and procedures due to COVID-19. Parks and Recreation Department Owen Davis reported it is very helpful to have Mr. Rafferty at Myers Park full time. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL No report. Supervisor Ed LaVigne reported the work the highway department is doing on Salmon Creek is great. DIRECTOR OF PLANNING REPORT – C.J. RANDALL The following report was available as a handout. July 15, 2020 55 CORE PLANNING FUNCTIONS • Review and classification of development applications o Finalized Code Adoption materials for new eCode with Town Attorney on 6/22 o Continued update of Code / Planning Department Standard Operating Procedures with (both) outgoing Code Clerk(s) o Posted Information Aide / Code Clerk position to begin hiring process on 6/18 • Data and GIS Services o Continued virtual meeting protocol during coronavirus outbreak for board and committee meetings • Conservation Advisory Council staff support o Coordinated and attended 6/4 meeting, which included Community and Regional Development Institute (CaRDI) presentation on Challenges of Large-Scale Solar Electric Siting and review of revised draft NRI and update on Climate Smart Communities actions completed by Cornell Cooperative Extension • Planning Board staff support o Coordinated and attended Project Review Committee meeting on 6/4 o Reviewed Land Use Audit at working meeting on 6/8 o Pop Up (Temporary) Drive-in Movie Theater ▪ Applicant withdrew Application on 6/29 o Professional / Business Office Site Plan Review ▪ Conversion of the Grey Barn to new professional / business office on 6/22 o Maple Avenue Minor Subdivision ▪ Review of Preliminary Plat on 6/22 o Britton Woods Major Subdivision ▪ Review of Preliminary Plat on 6/22 • Zoning Board of Appeals staff support o Area variance granted to place new cottage at 30 Ladoga Park on 6/9 • Interdepartmental Infrastructure Coordination o Coordinated 6/23 Parks, Recreation, and Trails Committee meeting; reviewed inquiries about the Parks, Recreation, and Trails Master Plan Request for Proposal o Coordinated with Town Engineer, and wastewater and structural consulting engineers regarding Lansing Residential Center on 6/3 and 6/23 o Prepared Town Highway Building Renovation Project Request for Proposal (RFP) addenda with Town Engineer and Highway Superintendents and released to firms and NYS Contract Reporter on 6/25, 6/26, and 6/29 o Attended Tompkins County Recovery and Resiliency Plan Steering Committee meeting on 6/30 o Attended Water & Sewer Advisory Board on 6/3 o Updated Town Center Build-out Analysis with SRF Associates, D.P.C. on Lansing Town Center Multi-Modal Transportation Impact Assessment on 6/2 • Attended Lansing Advisory Committee on Power Plant Future (LAC- PPF) meeting on 6/11 July 15, 2020 56 • Finalized review of application for William G. Pomeroy Foundation’s New York State Historic Marker Grant Program for Peter Wheeler on 6/9, 6/22, and 6/23 • Attended CLEAN (Cayuga Lake Environmental Action Now) data center meeting on 6/5 • Attended TCAD Economic Development Collaborative meeting on 6/18 LAND USE POLICY WORK PROGRAM • Land Use Ordinance Update o Land Use Ordinance Audit with Appendix of Questions reviewed at Planning Board working meeting on 6/8 • Prepare amendments to Solar Energy Local Law o Updated schedule of adoption to postpone Public Hearing until July • Environmental Protection Overlay Districts o Scope of work and schedule of adoption forthcoming C.J. also reported Lynn Day will meet with McPherson Builders next week regarding the front door project. C.J. thanked the Board for accepting the Park Foundation Grant. Supervisor Ed LaVigne noted the Town has received grant money for the sign honoring Mr. Wheeler. He thanked Director of Planning C.J. Randall and Councilperson Joe Wetmore for their work on this. ENGINEER’S REPORT – DAVE HERRICK No report. AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX No report. CONSENT AGENDA Councilperson Andra Benson moved, with a second by Supervisor Edward LaVigne to approve the Consent Agenda Resolutions 20-104 to 20-106 and Motion M20-17: a. RESOLUTION ACCEPTING JENNIFER SANDSTED’S RESIGNATION AS THE TOWN OF LANSING INFORMATION AIDE AND AUTHORIZING THE DIRECTOR OF PLANNING TO HIRE A TOWN OF LANSING INFORMATION AIDE RESOLUTION 20-104 RESOLUTION ACCEPTING JENNIFER SANDSTED’S RESIGNATION AS THE TOWN OF LANSING INFORMATION AIDE AND AUTHORIZING THE DIRECTOR OF PLANNING TO HIRE A TOWN OF LANSING INFORMATION AIDE The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Lansing Town Clerk has received a resignation letter from Jennifer Sandsted stating she is resigning, as of July 24, 2020, as the Town of Lansing Information Aide, which leaves a vacancy in the Code Office; and WHEREAS, said position, Information Aide, in the Code Office was sought to be filled; and WHEREAS, the Town of Lansing Supervisor has recommended that the Information Aide position be filled at the Town of Lansing; and July 15, 2020 57 WHEREAS, an acceptable and qualified candidate will be located, and is therefore proposed to be hired to fulfill such job requirements; and WHEREAS, upon due consideration and deliberation by the Town of Lansing Town Board, now therefore be it RESOLVED as follows: 1. Jennifer Sandsted’s resignation from the Town of Lansing Information Aide is accepted, 2. The Director of Planning is hereby approved to hire a Town of Lansing Information Aide, in the Code Office, at a pay grade not to exceed $22.45/hour, 3. The appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. b. RESOLUTION HIRING PART TIME SEASONAL EMPLOYEES FOR PARKS & RECREATION FOR THE TOWN OF LANSING RESOLUTION 20-105 RESOLUTION HIRING PART TIME SEASONAL EMPLOYEES FOR PARKS & RECREATION FOR THE TOWN OF LANSING The following Resolution was duly presented for consideration by the Town Board: WHEREAS, there is a need for two (2) Part Time Seasonal Laborers; two (2) Part Time Lifeguard positions, and two (2) Part Time Recreation Assistant positions at the Town of Lansing, and WHEREAS, said positions have been classified and deemed as Civil Service Laborer positions by the Tompkins County Department of Personnel; and WHEREAS, acceptable and qualified candidates will be identified and selected by the Parks and Recreation Supervisor, and are therefore proposed to be hired to fulfill such job requirements; and WHEREAS, The Parks and Recreation Supervisor is hereby approved to hire these employees, in the Parks and Recreation Department, at a pay grade not to exceed $20.00/hour; and WHEREAS, the Town of Lansing Supervisor has recommended that the above positions be filled at the Town of Lansing; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby: RESOLVED, that the appropriate Town officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters, to file the required Civil Service forms to effect such changes per this Resolution, and to file Form 428s, if required. c. MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN AGREEMENT FOR GRANT #:20-274, TOTAL $31,000, BETWEEN PARK FOUNDATION AND TOWN OF LANSING FOR STORMWATER MANAGEMENT AND TRAFFIC IMPACT STUDY FOR LANSING TOWN CENTER July 15, 2020 58 MOTION M20-17 MOTION AUTHORIZING TOWN OF LANSING SUPERVISOR TO SIGN AGREEMENT FOR GRANT #:20-274, TOTAL $31,000, BETWEEN PARK FOUNDATION AND TOWN OF LANSING FOR STORMWATER MANAGEMENT AND TRAFFIC IMPACT STUDY FOR LANSING TOWN CENTER d. APPROVE AUDIT and BUDGET MODIFICATIONS AND SUPERVISOR’S REPORT RESOLUTION 20-106 The Supervisor submitted his monthly report for the month of June 2020, to all Board Members and to the Town Clerk. The Supervisor’s Report was reviewed by Councilperson Joseph Wetmore. The bills were reviewed by Councilperson Joseph Wetmore and Councilperson Doug Dake. The Supervisor’s Report be approved as submitted and the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 007 DATED 7/15/2020 AUDITED VOUCHER #’s 491 - 596 PREPAY VOUCHER #’s 491 - 495 AUDITED T & A VOUCHER #’s 41 – 49 PREPAY T & A VOUCHER #’s 41 – 44 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 123,368.98 HIGHWAY FUND (DA&DB) $ 59,029.74 LANSING LIGHTING (SL1, 2 &3) $ 1,352.04 LANSING WATER DISTRICTS (SW) $ 11,859.53 TRUST & AGENCY (TA) $ 53,521.45 WARREN ROAD SEWER DISTRICTS (SS1-) $ 904.42 CHERRY ROAD SEWER DISTRICT (SS3-) $ 265.67 DRAINAGE DISTRICTS (SDD1-10) $ 1,122.09 PERUVILLE RD – CWD#5 (HC) $ 1,189.46 BUDGET MODIFICATIONS GENERAL FUND A 7/15/2020 Board Meeting July 15, 2020 59 FROM TO FOR AMOUNT A599 A1910.400 From Fund Balance to Unallocated Insurance $ 3,000.00 Additional funds needed A2680 A5132.405 From Insurance Recoveries to Hwy Garage Repairs $ 15,059.23 Monies Received from Insurance for Repairs A2680 A7110.400 From Insurance Recoveries to Parks Contractual $ 1,303.00 Monies Received from Insurance for Vandalism A599 A7110.400 From Fund Balance to Parks Contractual $ 15,000.00 Additional funds needed A599 A8745.400 From Fund Balance to Flood & Erosion Contractual $ 5,000.00 Additional funds needed CAPITAL PROJECTS DRAKE RD CWD#2 7/15/2020 Board Meeting FROM TO FOR AMOUNT HA599 HA9901.900 From Fund Balance to Transfers to Other Funds $ 2,900.00 Reimb to General A Fund for Prev Expenses PHEASANT WAY DRAINAGE DIST 7/15/2020 Board Meeting FROM TO FOR AMOUNT SDD1-599 SDD1-8540.100 From Fund Balance to Hwy Personnel $ 6,000.00 Maintenance Work done SDD1-599 SDD1-9030.800 From Fund Balance to Social Security $ 375.00 Maintenance Work done SDD1-599 SDD1-9089.800 From Fund Balance to Medicare $ 100.00 Maintenance Work done WATER DISTRICT SW 7/15/2020 Board Meeting FROM TO FOR AMOUNT SW1032 SW9901.900 From CWD#2 Debt to Transfers to Other Funds $ 10,000.00 Reimb to General A Fund for Prev Expenses CONSENT AGENDA RESOLUTIONS 20-104 – 20-106 and Motion M20-17 RESOLUTION 20-107 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Consent Agenda Resolutions 20-104 – 20-106 and Motion M20-17, are hereby approved as presented and amended, and The question of the adoption of such proposed Consent Agenda Resolutions and Motions were put to a roll call vote with the following results: July 15, 2020 60 Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolutions were approved, carried, and duly adopted on July 15, 2020. RESOLUTION AUTHORIZING THE ISSUANCE OF A $288,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE, NUMBER 02-20 RESOLUTION 20-108 RESOLUTION AUTHORIZING THE ISSUANCE OF A $288,081.23 TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK, BOND ANTICIPATION RENEWAL NOTE, NUMBER 02-20 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town duly authorized expenditures to cover the cost of acquiring, constructing, and equipping the improvements to be included in the Warren Road Sewer District Extension, including the acquisition of lands and easements and other rights therein, and the construction of improvements consisting of a gravity fed system consisting of 15,000 feet of eight-inch sewer and force mains, 1,700 feet of four-inch force mains, 50 service laterals, interconnection appurtenances, a duplex pumping station, road borings, 45 four-foot diameter manholes and five five-foot manholes consisting of pre-cast concrete installations and metal covers, force mains, lateral lines, valves, pumps, curb stops, original furnishings, equipment, machinery, apparatus, fill, services, appurtenances and incidental improvements to serve the properties within the said district extension, related site work, legal, engineering, administration, environmental and other preliminary costs, and other costs incidental to the financing thereof (all herein, the “Project”), all of which Project expenses were authorized by a Final Order forming the District and funded by a Bond Resolution dated January 27, 2010, and which obligation(s) were satisfied, in accord therewith, by Bond Anticipation Note 03-10 (in the amount of $1,700,000.00), which Bond Anticipation Note (“BAN”) was renewed by Bond Anticipation Renewal Note (“BARN”) 02-11 ($1,700,000.00), which was again renewed by BARN 02-12 ($668,199.23), which was again renewed by BARN 02-13 ($374,081.23), which was again renewed by BARN 02-14 ($364,081.23), which was again renewed by BARN 02- 15 ($352,081.23), which was again renewed by BARN 02-16 ($340,081.23), which was again renewed by BARN 02-17 ($326,081.23), which was again renewed by BARN 02-18 ($312,081.23), which was again renewed by BARN 02-19 ($298,081.23), and which BARN 02-19 is hereby being paid and renewed by BARN 02-20; and WHEREAS, BARN 02-19 is approaching its maturity date and such financing must be renewed or the debt thereof paid and, in compliance with the Local Finance Law, the Town Board has decided to partially pay-down the debt pursuant to Local Finance Law § 23.00 and issue a BARN for the balance thereof; and WHEREAS, the Town has contacted several lending institutions to find the lowest rates, and has determined that the Chemung Canal Trust Company has the best rates and terms for the proposed Bond Anticipation Renewal Note 02-20, to be issued in the amount of $288,081.23, from August 7 to September 10, 2020, at a 1.10% interest rate (non-callable), and maturing upon said September 10, 2020; and WHEREAS, this action is classified as a Type II Action under SEQRA, and as such, no environmental review is necessary or required; and WHEREAS, after a review of the foregoing and due deliberation and consideration thereof, and in compliance with Local Finance Law § 38.10, and other requirements of law, the July 15, 2020 61 Town Board of the Town of Lansing has hereby approved such BARN 02 -20 and therefore, be it Resolved as follows: Section 1. The Bond Anticipation Renewal Note (“BARN”) hereby authorized is for the payment of indebtedness relating to the purchase and acquisition of goods and services to construct the Project. Section 2. The BARN hereby authorized was authorized pursuant to a Bond Resolution dated January 27, 2010 (the “Bond Resolution”), which Bond Resolution was duly issued under and in accord with the requirements of the Local Finance Law, with such Project being subject to permissive referendum as required by law. Section 3. It is hereby determined that the cost of indebtedness relating to the Project and the objects and purposes of this Resolution is $304,788.06, being comprised of principal due upon BARN 02-19 of $298,081.23 plus interest thereupon in the amount of $6,706.83; and said amount is hereby appropriated; and the plan for the financing thereof shall consist of the issuance of up to $288,081.23 principal amount of serial bonds (including, without limitation, statutory installment bonds) pursuant to the provisions of the Local Finance Law, to be denominated as BARN 02-20, together with the payment from appropriated funds of principal in the amount of $10,000.00, plus the interest due of $6,706.83. Section 4. The Town of Lansing hereby authorizes the expenditure of up to $304,788.06 for the payment of the obligations relating to the Project, which amount shall be paid by the issuance of BARN 02-20 in the amount of $288,081.23, and the payment of $6,706.83 in interest due upon BARN 02-19, and $10,000 in principal, as aforesaid. Section 5. No other Bond Anticipation Notes (“BAN”) or BARNs are issued or outstanding for the payment of the indebtedness relating to the Project (except BARN 02- 19, which is hereby being paid in full as authorized by this Resolution). Section 6. The BARN authorized by this Resolution is a renewal of BARN 02-19, issued August 7, 2019. Section 7. The BARN authorized by this Resolution shall be dated August 7, 2020 and shall mature and be and become due and payable upon September 10, 2020. Section 8. The BARN hereby authorized is for an assessable improvement of or within the Town, namely, the Town of Lansing Warren Road Sewer District Extension. Section 9. The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created is hereby authorized pursuant to § 165.10 of the Local Finance Law for the purposes described in this Resolution. The Town shall reimburse such expenditures with the proceeds of the Bond Anticipation Renewal Note authorized by this Resolution. This Resolution shall constitute a declaration of official intent as required by United States Treasury Regulation § 1.150-2. Other than as specified in this Resolution, no money is, or is reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 10. The full faith and credit of said Town of Lansing, Tompkins County, New York, is hereby irrevocably pledged to the payment of the principal of and interest on said Bonds and the Bond Anticipation Renewal Note hereby authorized as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest due and payable in such year. Such appropriation shall be made from the several lots and parcels of land in the Town of Lansing in the manner provided by law for general taxation thereupon. In the event the collection of such assessments shall be less than the amount required to pay the principal and interest of such obligations as they shall become due, the Town Board shall direct that surplus moneys not July 15, 2020 62 otherwise appropriated be applied, or the Town shall take such other action as is permitted or required by law to assure the timely payment of such obligations. Section 11. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of Bond Anticipation Notes and renewals thereof (in anticipation of the issuance and sale of the serial bonds) is hereby delegated to the Town Supervisor, as Chief Fiscal Officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law and the Bond Resolution aforesaid. The question of the adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson – Aye Councilperson Doug Dake – Aye Councilperson Bronwyn Losey – Aye Councilperson Joseph Wetmore – Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on July 15, 2020. RESOLUTION APPROVING AGREEMENT FOR SALE OF GORE OF LAND AT END OF FOREST ACRES DRIVE, SUBJECT TO PERMISSIVE REFERENDUM Town Board decided letters should be sent to the neighbors of this property and tabled this resolution – no vote was taken. RESOLUTION 20- RESOLUTION APPROVING AGREEMENT FOR SALE OF GORE OF LAND AT END OF FOREST ACRES DRIVE, SUBJECT TO PERMISSIVE REFERENDUM The following Resolution was duly presented for consideration by the Town Board: WHEREAS, a land subdivision application arose for lands along Hillcrest Road, with frontage along the terminus of Forest Acres Drive, but said Forest Acres Drive is, in that area, mainly still a “paper road” as no further development occurred along such roadway, nor along any of the adjacent roadways in such same area; and WHEREAS, the Planning Board duly examined the older potential roadway mappings of the Comprehensive Plan that called for extensive networks of roads in such are, which roads have never been built and are not now needed, and the Planning Board commissioned the Town Engineer to examine alternative highway planning in such area to reduce the number of roadways and connecting streets, as well as to reduce the amount of impervious cover and potential future stormwater in the area; and WHEREAS, a new highway plan was laid out and considered by the Planning Board and duly approved and referred to the Town Board, along and together with its recommendation that the Town Board approve the sale of this gore of land as it was no longer needed by the Town for any current or future public purpose, it saves a largely unnecessary ZBA application, and avoids the need to extend the roadway approximately 109 feet to mainly or only serve as access to one parcel upon which the above-referenced application denotes a plan to build a single-family residence; and WHEREAS, the Town thereafter approached the subdivision applicant who submitted a written offer for such non-buildable gore of land, and the Town Attorney has reviewed terms and prior land sales of similar gores of land in such area, including on Bean Hill July 15, 2020 63 Road, and the Town Board has considered and deliberated upon the highway plan and this matter, and the Town Board of the Town of Lansing has hereby RESOLVED and DECLARED, that the gore of land located and starting at the southerly highway line of Forest Acres Drive, thence southerly (approximately 109’) to the Dormady boundary, is excess property for its full width of its prior dedication as a paper road (approximately 60’), and the Town of Lansing declares the same as excess and non-needed property for which there is no known current or future use, as such terms and requirements are construed under Town Law § 64(2); and it is further RESOLVED, that the purchase agreement, as proposed by Ms. Dormady, an adjacent owner, be and hereby is approved subject to permissive referendum, and the Supervisor be and hereby is authorized to: (i) subject to approval by the Town Board for material changes and upon consultation with and the approval of Town Counsel, make minor changes to such agreement to finalize its dates and terms; and (ii) execute the same by, for, on behalf of, and in the name of the Town of Lansing immediately upon the expiration of the permissive referendum period, or after the taking of votes upon a proposition to approve or disapprove this resolution. The question of the adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Bronwyn Losey, and put to a roll call vote with the following results: Town Board decided letters should be sent to the neighbors of this property and tabled this resolution – no vote was taken. BOARD MEMBER REPORTS Andra Benson – reported the following: Focus Group • Spoke with Tompkins County Legislator Mike Sigler regarding Sheriff Osborne doing community policing o Mike will meet with Sheriff Osborne and get back to Andra o State mandate for better community policing • Contacted Superintendent of Schools – no response yet • Met with person of color – does not want to be on a committee without a purpose Bronwyn Losey – reported the following: C.J. Randall – spoke with her about what she is working on Friends of Salt Point Meeting • Had another clean-up day • Concerned about the number of people there – regarding wild life and social distancing Intermunicipal Organization (IO) Meeting – plans for the future Doug Dake – reported the following: Planning Board Work Session • Air B & B Rentals – regulations, etc. • Audit of Lansing Codes Joseph Wetmore – e-mailed his report to the Town Board prior to the meeting – no discussion or questions – report will be included in the August minutes Edward LaVigne - reported the following: July 15, 2020 64 Baseball Camp • This week and next • Check in while in car o Take temperature – everyone has been cleared Lansing Court - Is taking place – additional precautions and cleaning Algae Blooms - Bolton Point checking with drone Highway Bids • Twenty one (21) proposals o 3 million to 4 million • Interest Rate 2% or less Tax Cap - 1.56% this year WORK SESSION MEETING ITEMS OF DISCUSSION Ethics Board Vacancies • Applications need to be completed – same as other boards • Board members have the current Local Law to review • Supervisor Ed LaVigne volunteered to resign since he is an elected official • Post vacancies on web • Local Law should be updated to remove elected officials • E-mail changes – discuss at next Board meeting • Town of Ithaca Ethics Board looks over ethics disclosure statements for potential conflicts MOTION TO ENTER EXECUTIVE SESSION Supervisor Edward LaVigne moved to ENTER EXECUTIVE SESSION TO DISCUSS PROPOSED, PENDING OR CURRENT LITIGATION AT 8:15 PM. Councilperson Andra Benson seconded the motion. All in Favor – 5 Opposed – 0 MOTION TO EXIT EXECUTIVE SESSION Supervisor Edward LaVigne moved to EXIT EXECUTIVE SESSION AT 9:10 PM. Councilperson Doug Dake seconded the motion. All in Favor – 5 Opposed – 0 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 9:11 p.m. Minutes taken and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson, RMC Town Clerk