HomeMy WebLinkAbout12-16-2009DECEMBER 16, 2009
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CORTLANDVILLE FIRE DISTRICT
US ROUTE 11
TAX MAP 997.02-01-05.200
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the Aquifer Protection Permit application submitted by the Cortlandville Fire District permitting
the replacement of the existing 1,890 sq. ft. fire station with a new 5,400 sq. ft. fire station, for
property located on the southwest side of US Route 11, immediately west of Interstate Route 81,
Exit 10, tax map 497.02-01-05.200
Members present: Supervisor, Richard Tupper
Councilman, Theodore V. Testa
Councilman Ronal. L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
County Legislator, Danny Ross; Village of McGraw Mayor, Pamela Ross; Dave and Lori Law;
Jamie Dangler; News Reporters: Eric Mulvihill from WXHC; Holden Slattery from the Cortland
Standard; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussion were heard.
The Public Hearing was closed at 5:02 p.m.
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1
DECEMBER 16, 2009
5:02 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW OF 2009
REVISED ZONING ORDINANCE
CHAPTER 178 OF THE TOWN CODE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding
the enactment of a Local Law amending the Zoning Code of the Town of Cortlandville to
include Bulk Regulations relating to Business and Industrial Districts within the Town,
regulations for Outdoor Wood devices and personal windmill installations, and definitions of
relevant terms.
Members present: Supervisor, Richard Tupper
Councilman, Theodore V. Testa
Councilman Ronal. L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
County Legislator, Danny Ross; Village of McGraw Mayor, Pamela Ross; Dave and Lori Law;
Jamie Dangler; News Reporters: Eric Mulvihill from WXHC; Holden Slattery from the Cortland
Standard; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco questioned whether businesses that sell outdoor wood devices in
Town were notified of the proposed amendments.
According to Supervisor Tupper, there were no businesses in town currently selling
outdoor wood devices.
No further comments or discussion were heard.
The Public Hearing was closed at 5:04 p.m.
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DECEMBER 16, 2009
5:04 P.M.
PUBLIC HEARING NO. 3
LOCAL LAW OF 2009
FLOOD DAMAGE PREVENTION
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding
the enactment of a Local Law for Flood Damage Prevention in the Town of Cortlandville.
Members present: Supervisor, Richard Tupper
Councilman, Theodore V. Testa
Councilman Ronal. L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
County Legislator, Danny Ross; Village of McGraw Mayor, Pamela Ross; Dave and Lori Law;
Jamie Dangler; News Reporters: Eric Mulvihill from WXHC; Holden Slattery from the Cortland
Standard; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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DECEMBER 16, 2009
5:05 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Tim
Neff, News Reporter, Scott Conroe from the Cortland Standard; and Sharon Stevans for Channel
2, Access TV.
Supervisor Tupper called the meeting to order.
Supervisor Tupper apprised those in attendance that prior to the start of the meeting, the
Board honored the McGraw High School Girls Varsity Soccer Team for their outstanding
achievement in 2009. Representatives from the McGraw School District, including
Superintendent, Maria Fragnoli-Ryan; Principal, Mark Dimorier; Athletic Director, Kathy Rutan;
Bookkeeper, Alysson Ferris; as well as Soccer Coach Dave Law; Assistant Coaches, Tina
Salloum and Lori Law; and the entire McGraw High School Girls Varsity Soccer Team, were in
attendance to receive a plaque for the school and individual trophies to honor their success as a
team.
The Draft Town Board Minutes of November 18, 2009 and December 2, 2009 were
presented to the Board for their review.
RESOLUTION #191 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #758 - 798
$
49,602.94
General Fund B
B252 - B258
$
71,860.91
Highway Fund DB
D465 - D494
$
48,091.69
Special Grants
CD35 - CD41
$
50,414.96
Water Fund
W331 - W352
$
22,244.86
Sewer Fund
S128 - S130
$
521.39
Supervisor Tupper offered privilege of the floor to those in attendance.
Jamie Dangler, representing the Homer Cortland Community Agency (HCCA), requested
a $300,000 loan from the Town for the Homeville/Brockway Museum Complex. HCCA was
awarded a $300,000 Restore NY Grant, of which the money must first be spent before getting
reimbursed by the State. Mrs. Dangler asked the Town to front the money for the project.
Supervisor Tupper recalled the Town applied for the grant on behalf of HCCA with the
help of Thoma Development Consultants, and was awarded $300,000 for the project. The
HCCA was administering the grant itself. Supervisor Tupper stated it could take several years to
receive the reimbursement, noting the amount of time it took to get reimbursed for the Ted Testa
Park. He questioned whether HCCA requested financing from lending institutions, and noted
that while the Town applied for the grant on behalf of HCCA, the Town was not supposed to
incur any costs/expenses for the project.
Mrs. Dangler was not able to answer questions regarding finances at this time.
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 2
After discussion, the Board requested Mrs. Dangler approach the Board after January 1",
2010 to allow time for HCCA to answer questions regarding the types of projects funded, the
time frame for reimbursement from the State, and other financial questions. The Town would
also contact William Breidenger or Hugh Riehlman to discuss the request in more detail.
The monthly report of the Town Justice for the month of November 2009 was on the
table for review and is filed in the Town Clerk's office.
Under communications Councilman Rocco apprised the Board that he and Town Clerk
Snyder had been communicating with John Hoeschle regarding the cemetery on NYS Route 13
near the JM Murray Center. Mr. Hoeschle was working on a website that would include
information on the cemetery.
Also under communications, Supervisor Tupper apprised the Board he received
correspondence from the Code Enforcement Officer of Dryden thanking the Town for
forwarding the proposed amendments to the Zoning Code. The Town of Dryden did not have
any concerns with the revisions.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by the Cortlandville Fire District
for property located on US Route 11
RESOLUTION #192 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #3 OF 2009 SUBMITTED BY THE
CORTLANDVILLE FIRE DISTRICT FOR PROPERTY
LOCATED ON US ROUTE 11
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by the Cortlandville Fire
District to permit the replacement of the existing 1,890 sq. ft. fire station with a new 5,400 sq. ft.
fire station, for property located on the southwest side of US Route 11, immediately west of
Interstate Route 81, Exit 10, tax map #97.02-01-05.200, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
the Cortlandville Fire District, Aquifer Protection Permit #3 of 2009, shall have no significant
environmental impact.
RESOLUTION 4193 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #3 OF 2009
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #3 of 2009, submitted by the Cortlandville Fire
District.
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 3
RESOLUTION #194 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2009
SUBMITTED BY THE CORTLANDVILLE FIRE DISTRICT
FOR PROPERTY LOCATED ON US ROUTE 11
SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2009,
permitting the replacement of the existing 1,890 sq. ft. fire station with a new 5,400 sq. ft. fire
station, for property located on the southwest side of US Route 11, immediately west of
Interstate Route 81, Exit 10, tax map #97.02-01-05.200, subject to the following conditions from
the Town and County Planning Boards:
1. The applicant either increasing the side of the proposed parking spaces to 10 ft. by 20
ft. or apply for and receive a bulk variance to allow for the parking spaces to be
smaller than required.
2. If the applicant applies for a bulk variance, the Town must weigh the benefit of the
reduced parking space size to the applicant vs. the health, safety, and welfare of the
community/neighborhood as is required before any bulk variance may be granted.
3. The applicant consulting with the NYS Department of Transportation (DOT) to
■ assess whether any permits are required from the DOT for the existing driveway
entrance to US Route 11.
4. The applicant preparing and submitting a stormwater pollution prevention plan for the
site to the Town, if it is determined that this proposal would increase the impervious
surface of the site by at least 10,000 sq. ft. as is required per the Town's stormwater
ordinance.
5. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Attorney Folmer and the Board reviewed the SEQR Full Environmental Assessment
Form regarding the proposed Local Law amending the Zoning Ordinance of the Town of
Cortlandville.
RESOLUTION 9195 DECLARE NEGATIVE IMPACT FOR
LOCAL LAW NO. 3 OF 2009
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form for Local Law No. 3 of 2009, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No. 3
of 2009 shall have no significant environmental impact.
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DECEMBER 16, 2009
TOWN BOARD MEETING
PAGE 4
RESOLUTION #196
ADOPT LOCAL LAW NO. 3 OF 2009 AMENDING THE
ZONING LAW OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending the Zoning Ordinance of the Town of Cortlandville, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 3 of 2009, amending the Zoning Ordinance of the Town of Cortlandville,
a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to
enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of
Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1-
The following section of the zoning code are repealed and deleted in their entirety.
§ 178-29- One and two family
§178-30 A (1) (a)
§ 178-36- One and two family
§ 178-36.7- One and two family
§ 178-40 E (4) — nursing homes
Section 2-
Section 178-30 is amended by adding the following to section A thereof:
Section 178-30 A (2)-
Residential-
(a) Multiple Dwellings up to four dwellings in a structure
Section 3-
Section 176-36.1 A is amended by deleting there from "single family and two family
dwellings" and replacing said phrase with
"Multiple Family Dwellings"
Section 4-
Section 178-36.8 A(1) is amended by deleting there from "single family and two family
dwellings" and replacing said phrase with
"Multiple Family Dwellings"
Section 5-
Section 178-76 is amended by adding the following to section A of said section:
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 5
(5) In the B2 and B3 district multiple family is only allowed as a mixed use with
commercial. For one-story structures the commercial use shall have a minimum of 50% of the
gross floor area in use for business. For multi story buildings the commercial use shall have a
minimum gross floor area equal to the story with the greatest floor area. For projects with
multiple structures these percentages shall apply to gross square footage allowing for a mix of
commercial and residential structures.
Section 6-
Section 178 of the code is amended by adding the following:
Section 178-111 K
Animated Signs are prohibited
Section 7-
Section 178 of the code is amended by adding the following:
Outdoor Wood Burning Devices
178-123.1
A. A building permit is required for the installation of an outdoor -burning device.
B. Any outdoor wood -burning device in existence on the effective date of this Article shall be
permitted to remain, provided that the owner applies for and receives a building permit
within one year of such effective date. No outdoor wood -burning device shall be
permitted without full compliance except for section (D & I).
C. Only firewood, untreated lumber, fossil fuels and corn are permitted to be burned.
Burning of any other materials shall be prohibited except as approved by the manufacturer.
D. Outdoor wood -burning devices shall follow the minimum setback requirements for the
primary structure of the applicable zoning district.
E. The chimney height of any device located 50 feet or less to any residence not served by the
device shall be at least 2 feet higher than the eave line of the unserved residence; the
chimney height of any device located more than 50 feet but less than 100 feet to any
residence not served by the device shall be at least 75% of the height of the eave line of the
unserved residence, plus an additional 2 feet; the chimney height of any device located
more than 100 feet but less than 150 feet to any residence not served by the device shall be
at least 50% of the height of the eave line of the unserved residence plus an additional 2
feet; the chimney height of any device more than 150 feet from any residence not served
by the device shall be a minimum of 8 feet.
F. Outdoor wood burning devices listed by the United States Environmental Protection
Agency as white tag or orange tag may be operated year round, all other devices may only
be operated between Septemberl and May 31.
G. All outdoor wood -burning devices shall be equipped with a properly functioning spark
arrestor.
H. Outdoor wood -burning devices shall not be operated within 200 feet of a hospital, school,
daycare center or nursing home or within 200 feet of the boundary of a County, Town, or
School park.
I. Site plan approval is required for outdoor wood burning devices to be located in residential
districts, with notification as per 178-135.
Section 8-
Section 178 of the code is amended by adding the following:
Small Wind Systems (WECS)
178-123.2
Intent
This section regulates and provides standard for Small Wind Energy Systems (WECS)
designed for on -site home and farm use, and that are primary used to reduce on -site consumption
of public utility generated and distributed electricity. The intent of this Section is to encourage
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 6
the development of small wind energy systems and to protect the public health, safety and
community welfare.
1. Permit Required
A. No WECS shall be constructed, reconstructed, modified or operated in the Town
of Cortlandville except in compliance with this Section.
B. No wind measurements tower shall be constructed or operated except in
conjunction with and as part of an application for a Small WECS.
C. No transfer of real property on which a Small WECS is situated shall eliminate
the liability of the owner of such property from compliance with this Section and
the conditions of the Conditional Permit issued for such WECS.
D. Notwithstanding the requirements of this Section, replacement in kind of a Small
WECS may occur without Town approval when (1) there will be no increase in
Total Height; (2) no change in location: (3) no additional lighting or change of
facility color; (4) no increase in noise produced by the WECS
2. Permitted Areas
Agricultural District on lots greater than two acres
R-1 District on lots greater that two acres
3. Height limitations
Agricultural District — 100 Feet
R-1 District on lots less than three acres — 40 feet
R-1 District on lots greater than three acres — 60 Feet when documentation shows a need
for a height greater than 40 feet
4. Setback
All WECS shall be setback from all property lines a minimum of 1.5 times the total
height of the WECS
5. Application
A Conditional Permit, Article XIV, is required for all WECS. The Planning Board shall
hold a Public Hearing with notification of all property owners adjacent to the proposed tower site
or within 500 feet of the proposed tower site.
6. Standards
A. Only one Small WECS per lot shall be allowed. More than one may be permitted as
long as each has the required minimum lot size and the applicant demonstrates that
the electric needs of the user exceed the power generation capability of one WECS.
B. The height allowed shall be reduced if necessary to comply with all Federal Aviation
Requirements and Section 178-115 of the Code of the Town of Cortlandville.
C. The maximum turbine power output is limited to 10 K W unless the applicant
demonstrates to the Town Planning Board that a larger turbine is necessary to meet
the historical or projected energy needs of the applicant.
D. The system tower and components shall be painted a non -reflective, unobtrusive color
that blends the system and components into the surrounding landscape.
E. The system shall be designed and located in such a manner to minimize adverse
visual impacts from public viewing areas (e,g., public parks, roads, trails) and from
adjacent properties.
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 7
F. Exterior lighting on any structure associated with the system shall not be allowed
except that which is specifically required by the Federal Aviation Administration.
G. All on -site electric wires associated with the system shall be installed underground
except for "tie-ins" to a utility company and public utility transmission poles, towers
and lines. The Planning Board may modify this standard if the project terrain is
determined to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
H. The system shall be operated such that no electromagnetic interference is caused. If it
has been demonstrated to the Planning Board that a system is causing harmful
interference, the system operator shall promptly mitigate the harmful interference or
cease operation of the system.
I. At least one sign shall be posted on the tower at a height of five feet warning of
electrical shock or high voltage and harm there from. No brand names, logo or
advertising shall be placed or painted on the tower or components where it would be
visible from the ground, except that a system or tower manufacturers logo may be
displayed on a system housing in an unobtrusive manner.
J. Towers shall be constructed to provide one of the following means of access control,
or other appropriate method of access:
a. Tower climbing apparatus located no closer than 12 feet from the ground.
b. A locked anti climbing device installed on the tower
c. A locked, protective fence at least six feet in height that enclose the tower
K. Anchor points for any guy wires for a system tower shall be located within the
property that the system is located on and not on or across any above ground electric
transmission or distribution lines. The point of attachment for the guy wires shall be
enclosed by a fence six feet in height or sheathed in bright orange or yellow covering
from three feet to eight feet above the ground.
L. The minimum height above the ground of the lowest part of the wind turbine blade
shall be at least 15 feet.
M. The level of noise produced during WECS operation shall not exceed 50 dbA,
measured at the boundaries of the closest parcel to the WECS site.
N. All Small WECS tower structures shall be designed and constructed to be in
compliance with applicable provisions of the New York State Uniform Fire
Prevention Building Code, and generally accepted engineering practices.
O. All WECS shall be equipped with manual and automatic over -speed controls. The
manufacturer shall certify the conformance, of rotor over -speed control design and
fabrication, with good engineering practices.
P. No WECS shall be constructed or operated so as to create artificial habitat for raptor
prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent
possible be minimized.
Q. No experimental, homebuilt, or prototype wind turbine shall be allowed without
documentation by the applicant of their maximum probable blade throw distance in
the event of failure and determination by the Planning Board of appropriate setback
distances on the basis of that documentation.
R. A WECS shall be set back at least 1,000 feet from any Import Bird Area as identified
by The New York Audubon Society and from State listed wetlands.
S. All WECS shall be maintained in good condition and in accordance with all
requirements of this Section.
aim
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DECEMBER 16, 2009
TOWN BOARD MEETING
PAGE 8
7. Abandonment of use
A Small WECS which is not used to produce electricity for 12 successive months shall be
deemed abandoned and shall be dismantled and removed from the property at the expense of the
property owner within 9 months after notice from the Town Planning Board.
Section 9-
Section 178-2 c is amended by updating the following definitions in their appropriate
alphabetical order:
Family- One or more persons occupying a dwelling unit, all of whom are related by blood,
marriage or adoption. Additionally, in the Agricultural and R-1 districts, occupancy by a family
and one unrelated individuals is permitted, R-2 district occupancy by a family and two unrelated
individuals is permitted, and in R-3, B-1, B-2, and B-3 districts occupancy by a family and three
unrelated individuals is permitted.
Functional family unit- A group of individuals living together in a single dwelling unit and
functioning as a family with respect to those characteristics that are consistent with the purpose
of zoning restrictions in residential neighborhoods.
(1) In determining whether or not a group of unrelated individuals is a functional family unit
under the definition set forth above, the following criteria must be present:
(a) The occupants must share the entire dwelling unit. A unit in which the various
occupants act as separate roomers cannot be deemed to be occupied by a
functional family unit.
(b) The household must have stability with respect to the purpose of this chapter.
Evidence of such stability may include the following:
[ 1 ] The presence of minor dependent children regularly residing in the household.
[2] Proof of the sharing of expenses for food, rent or ownership costs, utilities and
other household expenses and sharing in the preparation, storage and consumption of
food.
[3] Whether or not different members of the household have the same address for the
purpose of:
[a] Voter registration
[b] Driver's licenses
[c] Motor vehicle registration
[d] Summer or other residences
[e] The filing of taxes
[4] Common ownership of furniture and appliances among the members of the
household
[5] Enrollment of dependent children in local schools
[6] Employment of householders in the local area
[7] A showing that the household has been living together as a unit for a year or
more; whether in the current dwelling unit or other dwelling units.
[8] Any other factor reasonably related to whether or not the group of persons is the
functional equivalent of a family
(2) A group of individuals living in the same dwelling unit shall be presumed not
to be a functional family unit, as defined in this section, if such dwelling unit
contains four or more college students over the age of 16 years.
(a) A college student is a person who attends, at least half time, any
college, university or other institution authorized to confer degrees by
the State of New York
(b) For the purposes of this presumption, minor dependent children of any
other member of the household shall be excluded in calculating the
number of college students in the household.
(3) A group of individuals living together in the same dwelling unit shall be
presumed not to be a functional family unit, as defined in this section, if the
dwelling unit is occupied by four or more unrelated adults over the age of 16
years and is not occupied by minor children.
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DECEMBER 16, 2009 TOWN BOARD MEETING
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(4) The presumptions set forth in Subsections (2) and (3) of this definition may
be rebutted by evidence of characteristics set forth in Subsection (1) of this
definition.
Animated sign - Means any sign which includes action, motion or color changes, or
the optical illusion of action, motion or color changes, or contains a scrolling or
changing message, except time and temperature and static message signs
Static Message signs - The minimum display time, without a change in message, shall
be six hours
Outdoor wood -burning device- Any equipment, device or apparatus which is
installed, affixed or situated outside, for the purpose of combustion of wood fuel to
produce heat or energy used as a component of a heating system providing heat for
any interior space.
For Wind Energy Systems:
Mechanical Wind Turbine - A wind energy system that converts wind energy to mechanical
power.
Small Wind Energy Conversion System (Small WECS) - A Wind Energy Conversion System
consisting of a wind turbine, a tower, and associated control or conversion electronics, which is
intended to primarily reduce on -site consumption of utility power.
Total Height - The height of the tower and the furthest vertical extension of the WECS.
Wind Energy Conversion System (WECS) - A machine that converts the kinetic energy in the
wind into electrical or mechanical energy.
Wind Measurement Tower - A tower used for the measurement of meteorological data such as
temperature, wind speed and wind direction. Temporary (no more than two years) towers may be
allowed as part of a Small WECS application, where the requested tower meets all height,
setback and other requirements of this local law.
Section 10-
The following sections of the code are amended by deleting the term "Code Enforcement Officer"
and replacing it with the term "Zoning Officer":
151-5, (b) (1)
178-29 (a) (3)
178-36 (a) (3)
178-36.1 (a) (10)
178-36.1 (b)
178-36.7 (a) (3)
178-36.8 (a) (4)
178-36.8 (b)
178-39 (b)
178-40.4 (b)
178-135
Section 11-
The following section of the Code is amended by deleting the term "Town Zoning
Officer" and replacing it with the term "Code Enforcement Officer":
178-61
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DECEMBER 16, 2009
TOWN BOARD MEETING
PAGE 10
Section 12-
The following sections of the Code are amended by deleting the term "Zoning Officer"
and replacing it with the term "Code Enforcement Officer":
178-62 (a)
178-117 (twice)
178-133
Section 13- Section 178-94 of the code is amended by the addition of the following:
"K- The Town may require that the storm water system be tested to insure that the system
operates as designed."
Section 14-
Section 178-69F and 178-74G are amended by adding the following language to the last
sentence of each of said sections:
"or within a time period agreed upon by the applicant and the Planning Board. If a
building permit is not applied for within this time frame or a building permit has expired, the
applicant shall submit a new application to the Planning Board.
Section 15-
Section 178-2C is renumbered 140D-2(C) and is moved to Section 140-2.
Section 16- This Local Law shall be effective when filed with the Secretary of State as required by
law.
There was discussion regarding the proposed Local Law for Flood Damage Prevention.
Attorney Folmer explained that the Town was required to adopt the Local Law, which was
developed by the State, in order to comply with FEMA requirements. The Town was within the
required timeframe for adopting the Local Law.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form regarding the proposed Local Law for Flood Damage Prevention.
RESOLUTION 4197 DECLARE NEGATIVE IMPACT FOR
LOCAL LAW NO. 4 OF 2009
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form for Local Law No. 4 of 2009, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare that Local Law No. 4
of 2009 shall have no significant environmental impact.
RESOLUTION #198 ADOPT LOCAL LAW NO. 4 OF 2009
FLOOD DAMAGE PREVENTION
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
for Flood Damage Prevention in the Town of Cortlandville, and
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WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 4 of 2009, Flood Damage Prevention, a copy of which is attached hereto
and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of
this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of
the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Cortlandville finds that the potential and/or actual
damages from flooding and erosion may be a problem to the residents of the Town of
Cortlandville and that such damages may include: destruction or loss of private and public
housing, damage to public facilities, both publicly and privately owned, and injury to and
loss of human life. In order to minimize the threat of such damages and to achieve the
purposes and objectives hereinafter set forth, this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health, safety, and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights
or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion
or flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters
or which may increase flood hazards to other lands, and;
(6) qualify and maintain for participation in the National Flood Insurance Program.
1.3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 12
(3) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone, sewer lines, streets and bridges located in areas of special flood
hazard;
(6) to help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special flood
hazard; and,
(8) to ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be interpreted so
as to give them the meaning they have in common usage and to give this local law its most
reasonable application.
"Appeal" means a request for a review of the Local Administrator's interpretation of any
provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an
average annual depth of one to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. This area may be designated as Zone
A, AE, AH, AO, Al-A30, A99, V, VO, VE, or VI-V30. It is also commonly referred to as the
base floodplain or 100-year floodplain. For purposes of this Local Law, the term "special flood
hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on
all sides.
"Building" see "Structure"
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or
more in height, which is used to service the underside of the lowest elevated floor. The elevation
of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must
be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be
properly vented to allow for the equalization of hydrostatic forces which would be experienced
during periods of flooding.
"Development" means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or
drilling operations or storage of equipment or materials.
"Elevated building" means a non -basement building (i) built, in the case of a building in Zones
Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 13
of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure
member of the elevated floor, elevated above the ground level by means of pilings, columns
(posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so
as not to impair the structural integrity of the building during a flood of up to the magnitude of
the base flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated
building" also includes a building elevated by means of fill or solid foundation perimeter walls
with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of
Zones VI-V30, VE, or V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building", even though the lower area is enclosed by means of breakaway
walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that administers the
National Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a
natural body of water, accompanied by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the community
published by the Federal Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses
studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by
the Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by
water from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The
term does not include long-term storage, manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
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DECEMBER 16, 2009 TOWN BOARD MEETING
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"Historic structure" means any structure that is:
(1) listed individually in the National Register of Historic Places (a listing maintained by
the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as aregistered historic district;
(3) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and implement
this local law by granting or denying development permits in accordance with its provisions.
This person is often the Building Inspector, Code Enforcement Officer, or employee of an
engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar).
An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access,
or storage in an area other than a basement area is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirements of this Local Law.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term does not include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD
88), or other datum, to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means structures for which the "start of construction" commenced on or
after the effective date of a floodplain management regulation adopted by the community and
includes any subsequent improvements to such structure.
"One hundred year flood" or "100-year flood" has the same meaning as "Base Flood".
"Principally above ground" means that at least 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light duty truck; and
DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 15
(4) not designed primarily for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height as determined by the
Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as
provided in Section 4.4-2 of this Law.
"Start of construction" means the date of permit issuance for new construction and substantial
improvements to existing structures, provided that actual start of construction, repair,
reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after
the date of issuance. The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of a
slab or footings, installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers
or foundations, or the erection of temporary forms, or the installation of accessory buildings such
as garages or sheds not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual "start of construction" means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank, that is
principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. The term includes
structures which have incurred "substantial damage", regardless of the actual repair work
performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not preclude
the structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this local law which permits
construction or use in a manner that would otherwise be prohibited by this local law.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazard within the jurisdiction of the
Town of Cortlandville, Cortland County.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard for the Town of Cortlandville, Community Number
360179, are identified and defined on the following documents prepared by the Federal
Emergency Management Agency:
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DECEMBER 16, 2009 TOWN BOARD MEETING
(1) Flood Insurance Rate Map Panel Numbers:
(2)
3.3
3.4
3.5
3.6
36023C0120D,
36023C0163D,
36023CO227D,
36023CO233D,
36023CO251D,
36023CO265D
36023C0138D,
3 6023 C0164D,
36023CO228D,
36023CO234D,
36023CO252D,
36023C0139D,
36023CO210D,
36023CO229D,
36023CO240D,
36023CO253D,
36023C0143D,
36023CO220D,
36023CO231D,
36023CO241 D,
36023CO254D,
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36023C0144D,
36023CO226D,
36023CO232D,
36023 CO242D,
36023CO261D,
whose effective date is March 2, 2010, and any subsequent revisions to these map panels
that do not affect areas under our community's jurisdiction.
A scientific and engineering report entitled "Flood Insurance Study, Cortland County,
New York, All Jurisdictions" dated March 2, 2010.
The above documents are hereby adopted and declared to be a part of this Local Law. The
Flood Insurance Study and/or maps are on file at:
Office of the Town Clerk of the Town of Cortlandville
3577 Terrace Road, Cortland, New York 13045
INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the National Flood Insurance Program through
October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood
damage prevention.
In their interpretation and application, the provisions of this local law shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this local law are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that
imposing the higher standards, shall govern.
SEVERABILITY
The invalidity of any section or provision of this local law shall not invalidate any other
section or provision thereof.
PENALTIES FOR NON-COMPLIANCE
No structure in an area of special flood hazard shall hereafter be constructed, located,
extended, converted, or altered and no land shall be excavated or filled without full compli-
ance with the terms of this local law and any other applicable regulations. Any infraction
of the provisions of this local law by failure to comply with any of its requirements,
including infractions of conditions and safeguards established in connection with
conditions of the permit, shall constitute a violation. Any person who violates this local
law or fails to comply with any of its requirements shall, upon conviction thereof, be fined
no more than $250 or imprisoned for not more than 15 days or both. Each day of
noncompliance shall be considered a separate offense. Nothing herein contained shall
prevent the Town of Cortlandville from taking such other lawful action as necessary to
prevent or remedy an infraction. Any structure found not compliant with the requirements
of this local law for which the developer and/or owner has not applied for and received an
approved variance under Section 6.0 will be declared non -compliant and notification sent
to the Federal Emergency Management Agency.
WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-made
or natural causes. This local law does not imply that land outside the area of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages.
This local law shall not create liability on the part of the Town of Cortlandville, any officer
or employee thereof, or the Federal Emergency Management Agency, for any flood
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DECEMBER 16, 2009 TOWN BOARD MEETING
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damages that result from reliance on this local law or any administrative decision lawfully
made there under.
SECTION 4.0
ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Code Enforcement Officer is hereby appointed Local Administrator to administer and
implement this local law by granting or denying floodplain development permits in
accordance with its provisions.
4.2 THE FLOODPLAIN DEVELOPMENT PERMIT
4.2-1 PURPOSE
A floodplain development permit is hereby established for all construction and other
development to be undertaken in areas of special flood hazard in this community for
the purpose of protecting its citizens from increased flood hazards and insuring that
new development is constructed in a manner that minimizes its exposure to flooding.
It shall be unlawful to undertake any development in an area of special flood hazard,
as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a
valid floodplain development permit. Application for a permit shall be made on
forms furnished by the Local Administrator and may include, but not be limited to:
plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures, fill, storage of
materials, drainage facilities, and the location of the foregoing.
4.2-2 FEES
All applications for a floodplain development permit shall be accompanied by an
application fee, in an amount fixed by Town Board Resolution. In addition, the
applicant shall be responsible for reimbursing the Town of Cortlandville for any
additional costs necessary for review, inspection and approval of this project. The
Local Administrator may require a deposit of no more than $500.00 to cover these
additional costs.
4.3 APPLICATION FOR A PERMIT
The applicant shall provide the following information as appropriate. Additional
information may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved structure to be located in
Zones Al-A30, AE or AH, or Zone A if base flood elevation data are available.
Upon completion of the lowest floor, the permitee shall submit to the Local Ad-
ministrator the as -built elevation, certified by a licensed professional engineer or sur-
veyor.
(2) The proposed elevation, in relation to mean sea level, to which any new or
substantially improved non-residential structure will be floodproofed. Upon
completion of the floodproofed portion of the structure, the permitee shall submit to
the Local Administrator the as -built floodproofed elevation, certified by a
professional engineer or surveyor.
(3) A certificate from a licensed professional engineer or architect that any utility flood -
proofing will meet the criteria in Section 5.2-3, UTILITIES.
(4) A certificate from a licensed professional engineer or architect that any non-
residential floodproofed structure will meet the floodproofing criteria in Section 5.4,
NON-RESIDENTIAL STRUCTURES.
DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 18
(5) A description of the extent to which any watercourse will be altered or relocated as a
result of proposed development. Computations by a licensed professional engineer
must be submitted that demonstrate that the altered or relocated segment will provide
equal or greater conveyance than the original stream segment. The applicant must
submit any maps, computations or other material required by the Federal Emergency
Management Agency (FEMA) to revise the documents enumerated in Section 3.2,
when notified by the Local Administrator, and must pay any fees or other costs
assessed by FEMA for this purpose. The applicant must also provide assurances that
the conveyance capacity of the altered or relocated stream segment will be main-
tained.
(6) A technical analysis, by a licensed professional engineer, if required by the Local
Administrator, which shows whether proposed development to be located in an area
of special flood hazard may result in physical damage to any other property.
(7) In Zone A, when no base flood elevation data are available from other sources, base
flood elevation data shall be provided by the permit applicant for subdivision propos-
als and other proposed developments (including proposals for manufactured home
and recreational vehicle parks and subdivisions) that are greater than either 50 lots or
5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited to the following.
4.4-1 PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit application review
before issuing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements of
subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this law.
(2) Review subdivision and other proposed new development, including manufac-
tured home parks to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area
of special flood hazard, all new construction and substantial improvements
shall meet the applicable standards of Section 5.0, CONSTRUCTION
STANDARDS and, in particular, sub -section 5.1-1 SUBDIVISION
PROPOSALS.
(3) Determine whether any proposed development in an area of special flood
hazard may result in physical damage to any other property (e.g., stream bank
erosion and increased flood velocities). The Local Administrator may require
the applicant to submit additional technical analyses and data necessary to
complete the determination.
If the proposed development may result in physical damage to any other
property or fails to meet the requirements of Section 5.0, CONSTRUCTION
STANDARDS, no permit shall be issued. The applicant may revise the
application to include measures that mitigate or eliminate the adverse effects
and re -submit the application.
(4) Determine that all necessary permits have been received from those govern-
mental agencies from which approval is required by State or Federal law.
4.4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate map (FIRM) but
has neither produced water surface elevation data (these areas are designated
Zone A or V on the FIRM) nor identified a floodway, the Local Administrator
shall obtain, review and reasonably utilize any base flood elevation and
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 19
floodway data available from a Federal, State or other source, including data
developed pursuant to paragraph 4.3(7), as criteria for requiring that new con-
struction, substantial improvements or other proposed development meet the
requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may
use flood information from any other authoritative source, such as historical
data, to establish flood elevations within the areas of special flood hazard, for
the purposes of this law.
4.4-3 ALTERATION OF WATERCOURSES
(1) Notification to adjacent communities and the New York State Department of
Environmental Conservation prior to permitting any alteration or relocation of
a watercourse, and submittal of evidence of such notification to the Regional
Administrator, Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance within the
altered or relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data
are available, upon placement of the lowest floor or completion of
floodproofing of a new or substantially improved structure, obtain from the
permit holder a certification of the as -built elevation of the lowest floor or
floodproofed elevation, in relation to mean sea level. The certificate shall be
prepared by or under the direct supervision of a licensed land surveyor or
professional engineer and certified by same. For manufactured homes, the
permit holder shall submit the certificate of elevation upon placement of the
structure on the site. A certificate of elevation must also be submitted for a
recreational vehicle if it remains on a site for 180 consecutive days or longer
(unless it is fully licensed and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the certifica-
tion shall be at the permit holder's risk. The Local Administrator shall review
all data submitted. Deficiencies detected shall be cause to issue a stop work
order for the project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make
periodic inspections at appropriate times throughout the period of construction in
order to monitor compliance with permit conditions and enable said inspector to
certify, if requested, that the development is in compliance with the requirements of
the floodplain development permit and/or any variance provisions.
4.4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found ongoing without a development permit. Disregard of
a stop work order shall subject the violator to the penalties described in Section 3.5
of this local law.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order for any
floodplain development found non -compliant with the provisions of this law and/or
the conditions of the development permit. Disregard of a stop work order shall
subject the violator to the penalties described in Section 3.5 of this local law.
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 20
4.4-7 CERTIFICATE OF COMPLIANCE
(1) In areas of special flood hazard, as determined by documents enumerated in
Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of
any building or premises, or both, or part thereof hereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its use or
structure until a certificate of compliance has been issued by the Local
Administrator stating that the building or land conforms to the requirements of
this local law.
(2) A certificate of compliance shall be issued by the Local Administrator upon
satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as
prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations,
hydraulic data, floodproofing, anchoring requirements or encroachment
analyses which may have been required as a condition of the approved permit.
4.4-8 INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for inspection, copies of the
following:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as -built lowest floor elevations of structures, required
pursuant to sub -sections 4.4-4(1) and 4.4-4(2), and whether or not the
structures contain a basement;
(3) Floodproofing certificates required pursuant to sub -section 4.4-4(1), and
whether or not the structures contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under sub -section 4.4-3, ALTERATION OF
WATERCOURSES.
SECTION 5.0
CONSTRUCTION STANDARDS
5.1 GENERAL STANDARDS
The following standards apply to new development, including new and substantially
improved structures, in the areas of special flood hazard shown on the Flood Insurance
Rate Map designated in Section 3.2.
5.1-1 SUBDIVISION PROPOSALS
The following standards apply to all new subdivision proposals and other proposed
development in areas of special flood hazard (including proposals for manufactured home
and recreational vehicle parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood damage;
(2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be
located and constructed so as to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 21
5.1-2 ENCROACHMENTS
(1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no
new construction, substantial improvements or other development (including
fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any location, or,
(ii) the Town of Cortlandville agrees to apply to the Federal Emergency
Management Agency (FEMA)for a conditional FIRM revision, FEMA
approval is received and the applicant provides all necessary data,
analyses and mapping and reimburses the Town of Cortlandville for all
fees and other costs in relation to the application. The applicant must
also provide all data, analyses and mapping and reimburse the Town of
Cortlandville for all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary and
Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no
new construction, substantial improvements or other development in the
floodway (including fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer shows that
such an encroachment shall not result in any increase in flood levels
during occurrence of the base flood, or,
(ii) the Town of Cortlandville agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping and reimburses the Town of
Cortlandville for all fees and other costs in relation to the application.
The applicant must also provide all data, analyses and mapping and
reimburse the Town of Cortlandville for all costs related to the final map
revisions.
5.2 STANDARDS FOR ALL STRUCTURES
5.2-1 ANCHORING
New structures and substantial improvement to structures in areas of special flood
hazard shall be anchored to prevent flotation, collapse, or lateral movement during
the base flood. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(1) New construction and substantial improvements to structures shall be
constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be
constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones Al-A30,
AE or AH, and also Zone A if base flood elevation data are available, new and
substantially improved structures shall have fully enclosed areas below the
lowest floor that are useable solely for parking of vehicles, building access or
storage in an area other than a basement and which are subject to flooding,
designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for meeting this re-
quirement must either be certified by a licensed professional engineer or
architect or meet or exceed the following minimum criteria:
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 22
(i) a minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding; and
(ii) the bottom of all such openings no higher than one foot above the
lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or
devices provided they permit the automatic entry and exit of floodwaters.
Enclosed areas sub -grade on all sides are considered basements and are not
permitted.
5.2-3 UTILITIES
(1) New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall be
located at least two feet above the base flood elevation or be designed to
prevent water from entering and accumulating within the components during a
flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical
wiring and outlets, switches, junction boxes and panels shall also elevated or
designed to prevent water from entering and accumulating within the
components unless they conform to the appropriate provisions of the electrical
part of the Building Code of New York State or the Residential Code of New
York State for location of such items in wet locations;
(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters. Sanitary sewer and storm drainage
systems for buildings that have openings below the base flood elevation shall
be provided with automatic backflow valves or other automatic backflow
devices that are installed in each discharge line passing through a building's
exterior wall; and,
(4) On -site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION
The following standards apply to new and substantially improved residential
structures located in areas of special flood hazard, in addition to the requirements in
sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS,
and Section 5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones Al-A30, AE and AH and also Zone A if base flood elevation
data are available, new construction and substantial improvements shall have
the lowest floor (including basement) elevated to or above two feet above the
base flood elevation.
(2) Within Zone A, when no base flood elevation data are available, new con-
struction and substantial improvements shall have the lowest floor (including
basement) elevated at least three feet above the highest adjacent grade.
(3) Within Zone AO, new construction and substantial improvements shall have
the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as two feet above the depth number specified in feet on
the community's Flood Insurance Rate Map enumerated in Section 3.2 (at least
two feet if no depth number is specified).
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 23
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood
waters around and away from proposed structures on slopes.
5.4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantially improved commercial, industrial
and other non-residential structures located in areas of special flood hazard, in addition to
the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2,
ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are
available, new construction and substantial improvements of any non-residential
structure shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two
feet above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the
base flood elevation, including attendant utility and sanitary facilities, with
walls substantially impermeable to the passage of water. All structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of non-residential
structures shall:
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as two feet above the depth number specified in
feet on the community's FIRM (at least two feet if no depth number is
specified), or
(ii) together with attendant utility and sanitary facilities, be completely
floodproofed to that level to meet the floodproofing standard specified in sub-
section 5.4(1)(ii)
(3) If the structure is to be floodproofed, a licensed professional engineer or architect
shall develop and/or review structural design, specifications, and plans for construc-
tion. A Floodproofing Certificate or other certification shall be provided to the Local
Administrator that certifies the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of Section 5.4(1)(ii),
including the specific elevation (in relation to mean sea level) to which the structure
is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood
waters around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest floor
(including basement) shall be elevated at least three feet above the highest adjacent
grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in Section 5.1, GENERAL
STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as
indicated, in areas of special flood hazard to manufactured homes and to recreational
vehicles which are located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones Al-A30, AE and AH shall
either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 24
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3)
and (4).
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices and has no permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones Al-A30, AE
and AH shall be elevated on a permanent foundation such that the lowest floor is
elevated to or above two feet above the base flood elevation and is securely anchored
to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
(3) Within Zone A, when no base flood elevation data are available, new and
substantially improved manufactured homes shall be elevated such that the
manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than 36 inches in height
above grade and are securely anchored to an adequately anchored foundation system
to resist flotation, collapse or lateral movement.
(4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least
as high as the depth number specified on the Flood Insurance Rate Map enumerated
in Section 3.2 (at least two feet if no depth number is specified).
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals (ZBA) as established by the Town of Cortlandville
shall hear and decide appeals and requests for variances from the requirements of
this local law.
(2) The ZBA shall hear and decide appeals when it is alleged there is an error in any
requirement, decision, or determination made by the Local Administrator in the
enforcement or administration of this local law.
(3) Those aggrieved by the decision of the ZBA may appeal such decision to the
Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the ZBA, shall consider all technical evaluations,
all relevant factors, standards specified in other sections of this local law and:
(i) the danger that materials may be swept onto other lands to the injury of
others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 25
(viii) the relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and
emergency vehicles;
(x) the costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the
site; and
(xii) the costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and repair of
public utilities and facilities such as sewer, gas, electrical, and water systems
and streets and bridges.
(5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law,
the ZBA may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all appeal actions including
technical information and report any variances to the Federal Emergency
Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level,
providing items (i-xii) in Section 6.1(4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing the
variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's
continued designation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character
and design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; and
(ii) the structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threat to public
safety.
(4) Variances shall not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
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DECEMBER 16, 2009 TOWN BOARD MEETING
PAGE 26
(ii) a determination that failure to grant the variance would
exceptional hardship to the applicant; and
result in
(iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or conflict with
existing local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor
below the base flood elevation shall be given written notice over the signature of a
community official that:
(i) the issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and
property.
Such notification shall be maintained with the record of all variance actions as
required in Section 4.4-8 of this Local Law.
Be it enacted this 16th day of December, 2009 by the Town Board of the Town of Cortlandville,
Cortland County, New York, to be effective upon filing with the Secretary of State.
RESOLUTION #199 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS
FOR THE YEAR OF 2010
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be
held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on
the first and third Wednesday of each month at 5:00 p.m., with the exception of May 5th and June
2°d, in which the meetings will be held at 7:00 p.m., and if such day should fall on a holiday, the
meeting shall be held the next business day, and it is further
RESOLVED, the May 5, 2010 meeting will be held at the Community Building in the Village of
McGraw, and the June 2, 2010 meeting will be held at the Blodgett Mills Independent Baptist
Church in Blodgett Mills, both held at 7:00 p.m., and it is further
RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal
Notice form.
RESOLUTION #200 APPROVE HOLIDAY SCHEDULE 2010
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Following Holiday Schedule for the year 2010 is hereby approved as
follows:
New Year's Day
Friday
January 01, 2010
Martin Luther King Jr. Day
Monday
January 18, 2010
President's Day
Monday
February 15, 2010
Good Friday
Friday
April 02, 2010
Memorial Day
Monday
May 31, 2010
DECEMBER 16, 2009
TOWN BOARD MEETING
PAGE 27
,I 17
1
1
1
Independence Day
Labor Day
Columbus Day
Election Day
Veterans Day
Thanksgiving Day
Christmas Eve
New Year's Eve
Monday
July 05, 2010
Monday
September 06, 2010
Monday
October 11, 2010
Tuesday
November 02, 2010
Thursday
November 11, 2010
Thursday
November 25, 2010
Friday
November 26, 2010
Friday
December 24, 2010
Friday
December 31, 2010
RESOLUTION #201 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FOR THE YEAR 2010
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for
Town business, is hereby established at the Federal IRS mileage rate for the year 2010, and is
subject to audit by the Town Board, effective January 1, 2010.
RESOLUTION #202 AMEND 2002 PERSONNEL POLICY SECTIONS 902-A
HEALTH INSURANCE/DENTAL INSURANCE, 903-A
HEALTH AND DENTAL INSURANCE OF RETIRED
EMPLOYEES, TO REFLECT CHANGES IN CONTRIBUTIONS
EFFECTIVE JANUARY 1, 2010
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, due to an increase in health insurance and dental insurance costs, the Town Board
determined it was appropriate to change the percent of contributions made by the Town and
employees/retirees towards the cost of health insurance and dental insurance, therefore
BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 902-
A — Health Insurance/Dental Insurance, by decreasing the Town's contribution towards the cost
of health insurance and dental insurance for its eligible employees and their dependants from
eighty-seven (87) percent to eighty-six (86) percent, and to therefore increase the percent of the
insurance premium that the employees are responsible for from thirteen (13) percent to fourteen
(14) percent, and it is further
RESOLVED, the Town Board hereby amends the 2002 Personnel Policy Section 903-A Health
and Dental Insurance of Retired Employees, by decreasing the Town's contribution by one (1)
percent to full-time employees, including elected officials, who retired from the Town and their
eligible spouses, according to the following schedule:
Years of Service
Town's Contributions
10 years
46%
15 years
56%
20 years
66%
25 years
76%
AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy shall be effective
January 1, 2010.
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 28
RESOLUTION #203 AUTHORIZE SUPERVISOR TO PROCEED WITH
PREPARATION OF THE TRANSFER OF MONIES TO
BALANCE ACCOUNTS FOR THE 2009 BUDGET
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to proceed with the
preparation of the transfer of monies to adjust the accounts for the 2009 Budget for the Town of
Cortlandville.
RESOLUTION #204 AUTHORIZE SUPERVISOR TO TRANSFER THE 2009
UNEXPENDED RETIREMENT APPROPRIATIONS INTO THE
RETIREMENT CONTRIBUTION RESERVE FUND
Motion by Councilman Testa
Motion by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
the 2009 Unexpended Retirement Appropriations into the Retirement Contribution Reserve Fund
to be used for future retirement costs from the following funds:
General Fund (A)
$ 7,791.57
General Fund (B)
$ 7,054.00
Highway Fund (DB)
$17,236.00
Sewer Fund (SS)
$ 3,916.00
Water Fund (SW)
$ 1,691.00
TOTAL:
$37,688.57
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from the NYS Department of Health, dated November 5, 2009, to Highway
Sup't. Bush, regarding approval of the plans and specifications for the Finger Lakes East
Business Park submitted by O'Brien & Gere Engineers, Inc. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from O'Brien & Gere Engineers, Inc., dated December 3, 2009, to Highway
Sup't. Bush, regarding the future dedication of the Finger Lakes East Business Park
infrastructure (water and sewer system improvements, road infrastructure, and storm water
management facilities) to the Town of Cortlandville; and the request for the Town to accept the
utility improvements following their completion in accordance with the plans and specifications
previously submitted to the Town. All voting aye, the motion was carried.
There was discussion regarding the footbridge on Academy Street in the Village of
McGraw. The Town received correspondence from Village of McGraw Attorney, David
Hartnett, requesting an extension of the December 31st deadline established by the Town for a
response, to allow time for the Village Board to conduct another regular meeting. Attorney
Folmer suggested the Board extend the deadline another 31 days, and requested authorization to
send the Village a letter regarding the extension. In the meantime, the Board agreed that if an
emergency situation occurs and the footbridge must be pulled, Highway Sup't. Bush must be
contacted as previously indicated.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Attorney David Hartnett, on behalf of the Village of McGraw, dated
December 2, 2009, regarding the pedestrian footbridge on E. Academy Street in the Village of
McGraw, and the Town's deadline of December 31, 2009 for a decision to be made by the
Village. All voting aye, the motion was carried.
DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 29
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L
RESOLUTION #205 AUTHORIZE 31-DAY EXTENSION OF TIME FOR A
RESPONSE FROM THE VILLAGE OF MCGRAW
REGARDING THE PEDESTRIAN FOOTBRIDGE ON
E. ACADEMY STREET
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize a 31-day extension of time to
receive a response from the Village of McGraw regarding the pedestrian footbridge on E.
Academy Street and a proposed course of action, and it is further
RESOLVED, the Town Attorney is hereby authorized and directed to send the Village of
McGraw correspondence indicating the extended deadline of January 31, 2010 for the Village to
submit a response to the Town, and it is further
RESOLVED, in the event that a flood situation occurs prior to the Village's response, the Town
Highway Sup't. must be notified to remove the footbridge.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Planning & Zoning Officer Bruce Weber, dated December 4, 2009, to
George Doucette, NYS Department of Transportation, regarding Phase II of the NYS Route 281
reconstruction project. All voting aye, the motion was carried.
There was discussion regarding Phase Il of the NYS Route 281 reconstruction project.
Councilman Proud apprised the Board he attended the Planning Board Meeting in which the
NYS DOT was present to discuss Phase II of the reconstruction project. The NYS DOT
discussed water runoff, traffic signals, sidewalks, and the realignment of Blue Creek Road with
Fisher Avenue. It was suggested that the Town should review Phase II of the project to see if
additional changes are necessary. Supervisor Tupper assumed the NYS DOT would make a
presentation to the Town Board in addition to the Planning Board.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Town of Cortlandville's Application to USDA Rural Development for the Polkville
Waterline Extension, prepared by Thoma Development Consultants, dated December 4, 2009.
All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Madeline Crowe, USDA Environmental Protection Specialist, dated
December 10, 2009, regarding the Polkville Waterline Extension Project and the request of the
Onondaga Nation to be a consulting party on the project. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the
"Final Notice of Intent to Undertake an Action within an Agricultural District" regarding the
Polkville Waterline Extension Project, signed and dated December 14, 2009 by Supervisor
Richard Tupper. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board that he and Councilman Testa met with Rich
DeGuida, Clough Harbour & Associates (CHA) regarding the Polkville Waterline Extension
Project. The project required 10 different easements be obtained, which required extensive
survey work and legal work. CHA submitted a change order in the amount of $23,800.00 to
proceed with the additional work.
DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 30
RESOLUTION 4206 AUTHORIZE SUPERVISOR TO SIGN "EXTRA WORK
AUTHORIZATION" FROM CLOUGH HARBOUR &
ASSOCIATES REGARDING THE PROPOSED WATERLINE
EXTENSION TO POLKVILLE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
"Extra Work Authorization" from Clough Harbour & Associates regarding the proposed
Waterline Extension to Polkville, for an amount not to exceed $23,800.00.
RESOLUTION #207 AUTHORIZATION TO RELEVY DELINQUENT WATER AND
SEWER ACCOUNTS TO THE 2010 TAX ROLL OF THE TOWN
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was
submitted, as required, therefore
BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent
water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property
Tax Office, to be relevied onto the 2010 tax roll of the Town.
RESOLUTION #208 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
DALE & BARBARA WEAVER FOR THE 2008 HOME GRANT
SENIOR HOUSING REHABILITATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Dale and Barbara Weaver,
3350 Kellogg Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant -
Senior Housing Rehabilitation Program in the amount of $22,957.00.
RESOLUTION 4208-A AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE 2008 HOME GRANT - SENIOR HOUSING
REHABILITATION PROGRAM, BETWEEN THE TOWN AND
ROBERT AND ELIZABETH LISENBY
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the 2008 Home Grant — Senior Housing Rehabilitation Program, between the Town of
Cortlandville and Robert and Elizabeth Lisenby, 1497 Saunders Road, Cortland, New York with
regard to the Lisenby's 100% deferred loan in the amount of $25,582.00.
There was discussion regarding an increase to water and sewer rates. Councilman Proud,
Water & Sewer Sup't. Alteri, Town Clerk Snyder, and Deputy Town Clerk, Chavonne LaPlant,
worked together to come up with the recommended water/sewer rates. Councilman Proud
explained that the water/sewer rates are supposed to support the operation and maintenance of
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DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 31
the water and sewer system. Councilman Proud explained there was a decrease in usage in 2009,
which resulted in a decrease of the projected revenue: $3,636,53 in water, and $7,854.36 in
sewer. The proposed water rate would increase the minimum charge per quarter by $0.18 , with
a $0.02 increase per 1,000 gallons over the minimum. The proposed sewer rate would increase
the minimum charge per quarter by $0.36, with a $0.06 increase per 1,000 gallons over the
minimum. Supervisor Tupper added that the water and sewer rates would be reviewed more
frequently as advised by the Town's auditors.
RESOLUTION #209 ADOPT RESOLUTION TO ESTABLISH NEW WATER AND
SEWER RATES EFFECTIVE WITH THE 1ST QUARTER
BILLING 2010
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board authorized the adoption to change the water and sewer rates under
Chapter 171, Article I, Section 171-7, therefore
BE IT RESOLVED, the Water District Ordinance of the Town of Cortlandville, enacted
September 30, 1957, and thereafter amended, is hereby further amended to provide the
establishment of new water and sewer rates as follows:
a) $1.92 per thousand (1,000) gallons of consumption per quarter, for all water
consumed up to and including seven hundred thousand (700,000) gallons per quarter,
with a minimum fee of $17.28 per quarter.
b) $1.22 per thousand (1,000) gallons of consumption per quarter, for all water
consumed in excess of seven hundred thousand (700,000) gallons per quarter.
c) $3.00 per thousand (1,000) gallons of consumption per quarter, for all sewer
consumed, with a minimum fee of $18.00 per quarter.
d) $1.47 per thousand (1,000) gallons of consumption per quarter, for all Industrial
sewer customers.
AND IT IS FURTHER, RESOLVED, the new water and sewer rates shall be effective with the
I" Quarter Billing 2010.
RESOLUTION #210 APPOINT DELEGATE AND ALTERNATE TO VOTE AT
THE ASSOCIATION OF TOWNS ANNUAL MEETING
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby appoints Town Supervisor, Richard Tupper as
Delegate, and Town Clerk, Karen Q. Snyder as Alternate, to represent the Town of Cortlandville
at the Association of Towns Annual Meeting, to be held in New York City in February of 2010.
Supervisor Tupper thanked Councilman Testa and Councilman Rocco for coordinating
the presentation of awards to the McGraw High School Girls Varsity Soccer team. The McGraw
Eagles were thrilled to be acknowledged by the Town, as was Head Soccer Coach, Dave Law.
Councilman Leach questioned whether the Board would pursue a new procurement
policy for 2010. He also requested a quarterly update on the finances of the Town.
Supervisor Tupper informed the Board he drafted a new procurement policy for Attorney
Folmer to review. The procurement policy is adopted annually in January. Supervisor Tupper
also pointed out that the Monthly Report of the Supervisor indicates the balances of all accounts.
DECEMBER 16, 2009 TOWN BOARD MEETING PAGE 32
Councilman Rocco thanked Supervisor Tupper for his hard work on the Town's health
insurance plan, Health Savings Account. The Town has been able to save money through the
new health insurance plan, and employees have been satisfied. Supervisor Tupper forwarded
copies of the Town's insurance policy and premiums to both the County and the City to show
officials the possible savings if they changed insurance policies as well.
No further comments or discussion were heard.
The meeting was adjourned at 6:00 p.m.
Res ectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on January 6, 2010.
The final version of this meeting was approved as written at the Town Board meeting of April 28, 2010.
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