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LOCAL LAW NO. 3
FOR THE YEAR 1987
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS VI
FOLLOWS:
SECTION 1. 0
Title, Statutory Authorization and Purpose
1.1 TITLE
This local law shall be known as the "Development and Open-
ing of Seasonal Use Roads Law" .
1. 2 STATUTORY AUTHORIZATION
This local law is adopted under the authority of Section
64 (23) and Section 130 (1) of the Town Law of the State of New
York.
1 . 3 PURPOSE
It is the purpose of this local law to promote the safety,
health and general welfare of the residents of the Town of New-
field by regulating the issuance of building permits for one and
two family dwellings on seasonal use roads which may not provide
12 month access for fire and other emergency vehicles for the
inhabitants or occupants of such structures .
SECTION 2. 0
Definitions as Used in This Local Law
2. 1 DEFINITIONS
As used in this local law:
(a) "Seasonal use road" shall mean seasonal use road as
defined under Section 205 (a) of the dawn Law.
(b) "Building permit" shall mean a permit issued for the
erection of any single or two family home as regulated
by the New York State Uniform Fire Prevention and
Building Code or this local law.
(c) "Applicant" shall mean the owner or owners of
record of any real property for which a building
permit is sought and, if applicable, any person
or persons purchasing such property by land con-
tract, whether recorded or otherwise.
SECTION 3. 0
General Provisions
3 .1 CONDITIONS FOR ISSUANCE OF BUILDING PERMIT
No building permit shall be issued in the Town of Newfield
on any seasonal use road unless the applicant shall have met all
the following requirements and conditions :
(a) The applicant shall be lawfully entitled to apply
for a building permit and shall have paid the
requisite fee therefore.
(b) The applicant shall have met all requirements,
other than with respect to the seasonal use road,
for the issuance of a building permit as mandated
by the New York State Fire Prevention and Building
Code and any other federal, state or local law with
respect to the issuance thereof at the time of
application.
(c) The applicant shall submit at the time of filing
application for a building permit, a request for
the conversion of the seasonal use road to a 12
month maintained road on the form prescribed for
such purpose, or if none, by letter, stating the
name of the applicant, location of proposed de-
velopment, name of road sought to be opened, dis-
tance in linear feet of seasonal use road sought
to be opened, amount of current assessed improve-
ments currently located along said road, if any,
amount of anticipated assessed valuation for pro-
posed development under the building permit ap-
plication and statement that there is no other
access to proposed development over any other 12
month maintained roadway.
(d) The assessed value of improvements along the sea-
sonal use road to be opened shall be no less than
$250, 000 . 00 per mile including the improvements
to be erected under the applicant ' s building per-
mit.
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(e) The length of seasonal use road to be converted
to a 12 month maintained road must connect an-
other 12 month maintained highway or the Town of
Newfield shall prior to issuance of a building
permit be given an easement for a turn around by
the applicant or any third party of a size and at
a location to be determined by the Town Highway
Superintendent. Such easement shall be in re-
cordable form. Applicant shall pay all costs of
obtaining the easement and the recording costs.
The form of the easement shall be acceptable to
the Town.
(f) No certificate of compliance shall be issued pur-
suant to any building permit issued for develop-
ment along a seasonal use road until satisfaction
of the requirements of these conditions and veri-
fication is filed with the Town Clerk that the
assessed value requirement set forth in paragraph
(d) of these conditions have been met. Applicant
at the time of submitting his request to open the
seasonal use road must execute an acknowledgement
of this condition and a release to the Town of
Newfield for any liability or damages in connec-
tion with this condition, the form of the release
shall be established by the Town Board.
(g) No seasonal use road shall be opened or be re-
quired to be worked by the Town until a Certifi-
cate of compliance is issued by the Code Enforce-
ment Officer. In the event no certificate of com-
pliance is issued, the Town of Newfield shall have
no obligation to open the seasonal use road.
3. 2 BOARD REVIEW
(a) The Town of Newfield shall review the application
to open any seasonal use road at the first regular
Board meeting following submission of the applica-
tion by the Code Enforcement Officer to the Town
Clerk. Such application shall only be submitted
after the Code Enforcement Officer shall have
determined that except for the location of the
proposed development on the seasonal use road, the
building permit would be issued. In such case,
the application to open the seasonal use road
shall be submitted as soon as practicable by the
Code Enforcement Officer after such determination
is made by him.
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(b) No seasonal use road shall be converted to 12
month use if, in ,the sole opinion of the Town
Highway Superintendent, the 12 month use of the
road would create any risk to the health or safe-
ty of the public using such road and/or to the
employees of the Town of Newfield maintaining it.
Such opinion shall be absolutely final and binding
on the applicant.
(c) No certificate of compliance shall be issued for
improvements located on a seasonal use road be-
tween October 1 and April 1 .
3. 3 LIMITATION ON OPENING SEASONAL USE ROAD
The Town of Newfield shall in no event be required to open
more than one mile of seasonal use road under this policy in any
single calendar year. In the event application to open seasonal
use roads exceed this limitation, applications will be acted
upon on a first come, first serve basis. Unsuccessful appli-
cants shall receive no priority on resubmission in a subsequent
application.
3. 4 NO LIMITATION ON TOWN' S RIGHT TO OPEN SEASONAL USE ROAD
The Town' s adoption of this local law shall in no way limit
the right of the Town Board on its own to elect to open any sea-
sonal use road to 12 month use, if in the discretion of the Town
Board, it is deemed in the best general interest of the public
to do so.
SECTION 4 . 0
Conflict and Interpretation
4 .1 INTERPRETATION WITH STATE CODE
Whenever possible, this local law shall be interpreted in
a manner compatible with the New York State Uniform Fire Preven-
tion and Building Code, however, in the event of any conflict
or incompatible interpretation, the stricter requirements of the
two shall apply with respect to the issuance of a building per-
mit.
4 . 2 SAVING CLAUSE
If any section, paragraph, subdivision or provision of this
local law shall be adjudged invalid or held unconstitutional, the
same shall not affect the validity of this local law as a whole
or any part or provision thereof other than the part so decided
to be invalid or unconstitutional.
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4. 3 EFFECTIVE DATE
This law shall take effect upon its filing with the Secre-
tary of State in accordance with Section 27 of the Municipal Home
Rule Law.
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(Pleas( Use this Form for Filing our Local Law %ith the Secretary of State)
Test of lay, should he given as amended. Do not include matter being
!liminated and do not use italics or underlining to indicate new matter.
C�07it�
7o"n
of Newfield
Local Law No. 2 of the ■ear 1990
A local la% Amendments to Development and Opening of Seasonal Use Roads Law
ttnse-i title)
Be it enacted b the Town Board of the
(Name of Leg.siame Bod')
C}tQt of Newfield
oKn as folloNS:
Section I. Title.
This local law shall be known as "Amendments to
Development and Opening of Seasonal Use Roads Law" .
Section II . Purpose.
The purpose of this local law is to amend Local Law
No. 3 for 1987 the "Development and Opening of Seasonal
Use Roads Law" .
A
Section III . Provisions.
Section 3. 1 (d) of Local Law No. 3 for the year 1987
known as "Development and Opening of Seasonal Use Roads
Law" shall be amended to read as follows :
(d) The assessed value of improvements along the
seasonal use road to be opened shall be no less
than $500 ,000 per mile including the improvements
to be erected under applicant' s requested
building permit.
Section IV. Effective Date.
This local law shall take effect immediately upon its
filing in the office of the Secretary of State in
accordance with the provision of Section 27 of the
Municipal Home Rule Law.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein w hich is not applicable.)
I. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 19
County
City
of the Toy,n of was duly passed by the
(Name of Legislati%e Body
Village
on 19 in accordance with the applicable provisions of law.
2. (Passage b) local Iegislathe hod) with approlal or no disapproal b) Elective Chief Executive Officer,*
or repassage after disapproal.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 19 90
k]dRtlf
of the of Newfield was duly passed by the . . 4W] .$Aazfi •
Town (Name of Legistatke Body)5itirgx
Xitgaddiappktaidc
on June 13, 19 90 and was approved by the .Town Supervisor . . . . . . .
xerpazzada6tandrimspoeocad Electi'e Chief Esecuti%e Officer'
and was deemed duly adopted on ....J?141Y...2, 1990 , in accordance with the applicable
provisions of law .
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
County
Cite
of the ,- . n of was duly passed by the
(Name of Legnlame Body I
Village
not disapproxed
on 19 and Has approved by the
repassed after disappro'al Eie:tkeChief EsecutheOffi;er•
on 19 Such local law was submitted to the people by reason of a
mandatory
permissi\e
referendum, and receixed the affirmative vote of a majority of the qualified electors xoting
general
thereon at the special election held on 19 . , in accordance with the applicable
annual
provisions of law .
4. (Subject to permissive referendum, and final adoption because no ralid petition filed requesting referendum.)
. . I hereby certify that the local law annexed hereto, designated as local law No. of 19
County
City
of the Toµn of was duly passed by the
(Name of Legislati%e Bod>►
Village
not disapproved
on 19 and was approved by the
repassed after disapproval Elective Chief ExecutiheOfficr•
on 19 . Such local law was subject to a permissive referendum and
no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
"Eiectile Chief Becutile Officer means or includes the chief executive officer of a county elected on a county.%ide basis or. if
there be none, the chairman of the county legislative body.the mayor of a city or Tillage or the supertisor of a town where such
officer is %ested with power to approve or %eto local laws or ordinances.
(_►
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5. (City local la% concerning Charter relision proposed b) petition.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to the
provisions of 137 36 of the Municipal Home Rule Law, and having received the affirmative vote of a
majorit■ of the qualified electors of such city voting thereon at the special general election held on
19 became operative.
6. (County local la% concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to the Electors at the
General Election of November , 19 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and halving received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If and other authorized form of final adoption has been followed, please provide an appropriate certifica-
tion.)
1 further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph abo%e.
Clerk of the Coun: leg!sla:,\e body.Cit>. ToMn o Village Cle or
officer designated b local leglslame hod)
Lois Minteer, Newfield Town 'Clerk
Da:c: July 11, 1990
(Sea■)
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(Certification to be e\ecuted by Coun;) Attorney, Corporation Counsel, Town Attorney, Village Attorne■ or
other authorized Attorn;■ of local;:\ .)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local lay annexed hereto.
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Signature
.Richard:Z. Greenb.urg, ,Town. Attgrney• , . •
Tine
atocaaxy
Date: July 11, 1990 Gtilty of _Newfield
ToHn
lydida:pc
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