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32
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.state.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City la Town [Village STATE OF NEW YORK
(Select one:) PARTMEt OF,c,'SATE.
of Newfield FILED
JU, 1"1 2013
Local Law No. 1 of the year 2013 I$CEL4AN Ot}r'�.
E C3fr:D
A local law Providing For a Moratorium On The Construction and Operation OiLriaSolld
(Insert Title)
Waste Management Facilities
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County ❑City Town []Village
(Select one)
of Newfield as follows:
LOCAL LAW NO. 1-2013
A LOCAL LAW PROVIDING F.ORA MORATORIUM
ON THE CONSTRUCTION AND OPERATION OF COMMERCIAL SOLID WASTE MANAGEMENT FACJL ITIES
Be it enacted by the Town Board of the Town of Newfield as follows:
Section 1.Title.This local law shall be known as and may be cited as the"Local Law Providing for a One-Year
Moratorium on the Construction and Operation of Commercial Solid Waste Management Facilities in the Town of
Newfield."
Section 2. Purpose
The purpose of this Local Law is the preservation and protection of the health,safety and welfare of the residents of
the Town of Newfield, and to enable the Town Board to comprehensively address the issues involved with the
construction, placement,erection,enlargement, installation and operation of commercial solid waste management
facilities within Town limits:
Section 3. Findings:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
neon c I mom.•
Paae 2 of 4
Town of Newfield Page 2
The Local Law is being proposed for the reasons cited within the categories listed
below.
WATER
1. The Town is currently under contract with the United States Geological
Survey to map and study the Western Cayuga and Fish Kill Aquifers of
Newfield and the inter-connection of these to other aquifers within the Town
as well as the direction of outflows. Objectives of the study are 1) Extent and
thickness of the geohydrologic unit; 2)hydraulic conditions of the aquifers;3)
extent of ground water/surface-water interactions; 4) ground water use; 5)
water levels and ground-water flow; 6)general water quality of the aquifers.
2. In the event of a contamination of underground water, the Town needs
greater knowledge of the manner and cost of repair to damaged aquifers due
to this commercial activity keeping in mind that solid and liquid waste
regulation under New York Environmental Conservation Law (ECL) may be
inadequate to relieve the foregoing concerns and require stricter enforcement
and monitoring of aquifers in the Town.
3. In addition to providing wildlife habitat, wetlands also serve to filter and
percolate surface water to unprotected aquifers in the Town as well as other
surface bodies which flow downstream. In keeping with the Town's
Stormwater Pollution and Protection Program Law,the Town needs to review
and minimize any potential negative impacts of development activities on
wetlands.
ROADWAYS
1. During the proposed period of this Local Law the Town will be finalizing and
adopting a Road Preservation Law and a permitting system for heavy industry
vehicular activity.
NOISE AND LIGHT POLLUTION
1. With these activities come the potential for added industrial noise and
light pollution. The Town will undertake a review of the community
impacts of the quality of life for Town residents-to include hours of
operation-and resolve to address these by considering the enactment
of resolutions and or laws to mitigate these impacts.
Section 4. Definitions. Definitions of terms contained in the ECL are
incorporated herein by reference to the extent consistent herewith.
PERSON - one or more persons of either sex, natural persons, corporations,
partnerships, associations,joint-stock companies,unincorporated associations,
Town of Newfield Page
their agents or employees, societies, clubs and all other entities of any kind
capable of being sued.
SOLID WASTE MANAGEMENT FACILITY — any facility employed beyond the
initial solid or liquid waste collection process and managing solid or liquid waste
including, but not limited to: storage areas or facilities, transfer stations,
procession facilities;landfills; ashfills,disposal facilities; solid waste incinerators;
recycling facilities; waste tire storage facilities, containment ponds or pools,
sewage treatment plants and storage tanks or containers, or any other facility of
any kind designated a solid waste management facility by the Department of
Environmental Conservation.
Section 5. Prohibition of Solid Waste Management Facilities. For a period of
three hundred sixty-five(365)days from the date of enactment of this local law,no solid
waste management facilities shall be constructed, placed, erected, established, enlarged
or permitted in the Town of Newfield.
Section 6. Implementation of Prohibition. For a period of three hundred
sixty-five(365) days from the enactment of this local law:
(a) No Town official shall accept for filing any application for the construction,
placement, erection, enlargement, establishment or installation of any solid waste
management facilities.
(b) The Code Enforcement Officer shall not issue any building or other permit
for any construction that is related to, or would result in the construction, placement,
erection, enlargement, establishment or installation of a solid waste management
facility.
Section 7. Exceptions.
The following are not subject to this Local Law:
1. Any bonafide solid waste management facility previously in existence on the
effective date of this Local Law shall remain exempt under the current terms
and conditions or their operating permit.
Section 8. Penalties.
(a) Any person constructing, placing, erecting, enlarging, establishing or
installing a solid waste management facility in violation of this law shall be subject to
the penalties set forth in Section 268 of the Town Law of the State of New York.
Town of Newfield Page 4
(b) Additionally, any person violating this moratorium shall be punishable by
a civil penalty in the amount of$1,000 per day. Each day that a violation of this law is
permitted to exist shall constitute a separate offense.
(c) In the event of an unlawful construction, placement, erection,
enlargement, establishment or installation of a solid waste transfer station, in addition
to any other remedies available to the Town, the Town, through its Code Enforcement
Officer, may institute any appropriate action or proceeding to enjoin, prevent, restrain,
correct or abate such violation or any construction in violation of this local law.
Section 9. Term. This local law shall be in effect for a period of three hundred
sixty five (365)days from its effective date;provided, however,that the penalties section
hereof shall remain in full force and effect after such period for the purpose of
prosecuting any violation which occurred during such a period.
Section io. Severability. If any part of this Local Law shall be judicially declared
to be invalid, void, unconstitutional, or unenforceable, all unaffected provisions hereof
shall survive such declaration, and this Local Law shall remain in full force and effect as
if the invalidated portions had not been enacted.
Section 11. Effective Date. This local law shall take effect immediately upon
filing with the Secretary of State in accordance with Section 27 of the New York
Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 1 of 2013—of
the(County)(City)(jown)(Village)of Newfeld was duly passed by the
Newfield Town Board on July 11 2013 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 I , in accordance w ith 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 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum,and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
�/\O n•f•■1 1 /['f...• AC 14 n■ Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
he City of having been submitted to referendum pursuant to the provisions of section(36)(37)of
he Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 ®of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 „pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I 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 , above.
1,' a Ii ` % f •� �:' felt
Clerk of the county legislative •ody,Cit 'own or llage Clerk or
officer designated by local legislative body
(Seal) Date: rib2//
DOS-0239-f-I (Rev.061121 Page 4 of 4
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE CESAR A PERALES
GOVERNOR ALBANY, NY 12231 -0001 SECRET.iRr OF ST.:TF
August 5, 2014
Town Clerk
166 Main Street
Newfield NY 14867
RE: Town of Newfield, Local Law 2 2014, filed on July 31, 2014
Dear Sir/Madam:
• The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 474-2755
WWW.DOS.NY.GOV • E-MAIL:INFO@DOS.NY.GOV
New York State Department of State
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.state.ny.us/corPs
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ®Town OVillage
(Select one:)
of Newfield
Local Law No. 2 of the year 20i 4
Alocallaw Provididng For An Extension Of Moratorium On The Coiitrnrt;nn And
(Insert Title)
Operation Of Commercial Solid Waste Management Facilities And
Ammending The Same.
Be it enacted by the Town Board of the
(Name of Legislative Body)
['County ['City frown []Village
(Select one:)
of Newfield as follows:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-I (Rev.06/12)
Page 2 of 4
Page 1
LOCAL LAW#2 OF THE YEAR 2014
A LOCAL LAW PROVIDING FOR AN EXTENSION OF
MORATORIUM ON THE CONSTRUCTION AND OPERATION
OF COMMERCIAL SOLID WASTE MANAGEMENT FACILITIES
AND AMENDING THE SAME
BE IT enacted by the Town Board of the Town of Newfield as follows:
Section 1. Title. This Local Law shall amend as hereinafter provided Local Law#1
of the year 2013 Providing for a Moratorium on the Construction and Operation of Commercial
Solid Waste Management Facilities(herein"Local Law#1 for the year 2013").
Section 2. Purpose:
The purpose of this Local Law is to amend and thereby extend Local Law#1 of the year
2013 so as to enable the Town Board to continue its review and consideration of issues involved
with the construction, placement, erection, enlargement, installation and operation of commercial
solid waste management facilities within Town limits.
Section 3. Findings. This Local Law is being proposed for the reasons cited in Local
Law #1 for the year 2013 and also in order to allow the Town's Planning Board adequate
opportunity to consider, report about, and make recommendations, if any, pertaining to the
construction, placement, erection, enlargement, installation and operation of waste transfer
stations within the Town.
Section 4. Definitions. The definitions contained in Section 4 of Local Law #1 are
hereby incorporated by this reference.
Section 5. Prohibition of Solid Waste Management Facilities. Section 5 of Local Law#1
for the year 2013 is amended to provide that for a period of nine (9) months from the date of
enactment of this Local Law, no solid waste management facility shall be constructed, placed,
erected, established,enlarged or permitted in the Town of Newfield.
Section 6. Implementation of Prohibition. Section 6 of Local Law#1 for the year 2013
is amended to provide that for a period of nine(9) months for the enactment of this Local Law:
(a) No Town official shall accept for filing any application for the construction,
placement, erection, enlargement, establishment or installation of any solid waste management
facilities.
(b) The Code Enforcement Officer shall not issue any building or other permit for
any construction that is related to, or would result in the construction, placement, erection,
enlargement, establishment or installation of solid waste management facility.
Page 2
Section 7. Exceptions, Penalties, Severability: Sections 7, 8 and 10 of Local Law#1 of
the year 2013 shall continue in effect and hereby are incorporated by this reference.
Section 9. Term. This Local Law shall be in effect for nine (9)months from its effective
date; provided, however, that the penalties section shall remain in full force and effect after such
period for the purpose of prosecuting any violation which occurred during such a period.
Section 10. Effective Date. This local law shall take effect immediately upon filing with
the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 2 of 2014 of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Town Board on,Tu l y 10, 20 )4 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval,no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20_of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer`)
on 20 I , in accordance w ith 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 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-1 (Rev.06/12)
Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20_e._ of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 _ of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I 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 , above.
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:
DOS-0239-f-1 (Rev.06/12)
Page 4 of 4