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HomeMy WebLinkAbout07-06-1983Wednesday, July 6, 1983 1 7:30 P.M. 75 F� 1 • 1 PUBLIC HEARING LOCAL LAW # 2 FOR 1983 A Public Hearing was held at the Town Hall, Town of Cortlandville at 7:30 P.M. concerning proposed Local Law # 2 for 1983, to provide for the rights and responsibili- ties of owners and users of land located in areas associa- ted with flooding or in established special flood hazard areas. Members present: Supervisor Stanley Nadolski Councilman Edwin O'Donnell Councilman Raymond Thorpe Town Clerk Pauline Parker Absent: Councilman Warren Manning Councilman Melvin Pierce Others present were Attorney Phillip Rumsey; Deputy Town Clerk, June Bradshaw; Assessor, Robert Wells, Justice, Donald Eaton; Zoning Officer, Don Fowler; Legislator, Richard Tupper; Newsreporters Peter Iglinski and Paul LaDolce and town residents Ken Andrews and Wayne Currie. Also attending was Engineer, Peter Novelli. The Public Hearing was opened by Supervisor Nadolski. The Town Clerk read the legal notice as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE LOCAL LAW NO.2 FOR 1983 ' Notice is hereby given that, a Public Hearing will be held before the Supervisor and the Town Board of the Town of ,Cortlandville, Cortland Coun- ty, New York at the. Town Hall, 15 Terrace Road, Cort- land, New York on July 6,- 1983 at 3:30 O'clock p.m. con- cerning proposed Local Law - No. 2 for the Year 1983, to pro- vide for the rights and, responsibilities of owners and users of land in the Town of Cortlandvi Ile which is located' in areas associated with .flooding or in established special flood hazard areas. 'Dated: June21, 1983 FIAULINE PARKER, Clerk Town of Cortlandville 15 Terrace Road Cortland, New York' 148-1t Wednesday, July 6, 1983 1 � Page 2 Attorney Phillip Rumsey advised the Town Board that this law provides for various regulations that residents have to comply with in regards to use of their land in special flood hazards areas as designated by the Federal (government. The basic reason for adopting this local law is so that residents in the flood hazards areas can obtain flood insurance. Many financial institutions will not lend money if there are no flood hazard regulations. No further comments were offered by those in attendance. Councilman 0-'Donnell made a motion, seconded by Councilman ThbrPe e :to-::clo e . the publ.i:c -hearing, �Al voting ayes:. the motion, waB:. carried . The hearing was closed at 7:35 P-M.. • • 1 in Wednesday, July 6, 1983 7:35 P.M. 1 • J • 1 The regular meeting of the the Town of Cortlandvi.11e Town Board was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Nadolski presiding. Members present: Absent: Supervisor Stanley Nadolski Councilman Edwin O'Donnell Councilman Raymond Thorpe Town Clerk -Pauline Parker Councilman Warren Manning Councilman Melvin Pierce Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, June Bradshaw; Assessor, Robert Wells; -Justice, Donald Eaton; Zoning Officer, Don Fowler; Court Clerk, Mardis Kelsen; Legislator, Richard Tupper; Newsreporters Peter Iglinski and Paul LaDolce and town residents Ken Andrews and Wayne Currie. Also attending was Engineer, Peter Novelli. The meeting was called to order by Supervisor Nadolski at 7:30 P.M.. Councilman Thorpe made a motion, seconded by Council- approve man O'Donnell to accept the minutes of June 1, 1983, as minutes written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by table Councilman Thorpe to table any action of the June 20, 1983 minutes until they are completed. The resolutiors were not minutes received by the clerk in time to pass out for reviewing. All voting aye, the motion was carried. Supervisor Nadolski stated that two Town Board members were ill.. Councilman Warren Manning had a heart attack and is in the hospital and Councilman Melvin Pierce had an operation, but will return next week. Councilman O'Donnell made a motion, seconded by Council- man Thorpe to accept the Cortlandville Planning Board planning minutes of May 24, 1983 and'June 21, 1983, as received. board All voting aye, the motion was carried. minutes '7 c Wednesday, July 6, 1983 Page 2 RESOLUTION # 130 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED audit of BE IT RESOLVED that the vouchers submitted have been bills audited and shall be paid as follows: General Fund Vouchers # 201 - 252 $ 15,527•02 Highway # 148 - 183 52,695.02 Water Fund # 66 - 81 3,666.53 Sewer Fund # 44 - 49 1,465.18 Fire District # 84 - 102 4,345.36 Supervisor Nadolski allowed those in attendance the privilege of the floor. Ken Andrews, Lamont Circle, on behalf of the Cortland- ville Park Committee presented the Town Board, the new park. RESOLUTION # 131 ACCEPTANCE OF CORTLANDVILLE CITIZENS PARK acceptance Motion by Councilman Thorpe t of Park Seconded by Councilman O Donnell VOTES: ALL AYE ADOPTED WHEREAS the "Cortlandville Citizens Park" had its dedication service on June 25, 1983, and WHEREAS the Cortlandville Park Committee consisting of Melvin H. Pierce, Park Project Chairman; Kenneth J. Andrews, Park Project Vice Chairman and Fund Raising Vice Chairman; and Richard C. Tupper, Fund Raising Chairman, presented the Cortlandville Town Board, by letter, the Cortlandville Citizens Park, therefore BE IT RESOLVED that the Town Board of the Town of Cortland- ville does hereby accept the "Cortlandville Citizens Park" with great pride, and appreciation of the community effort put forth for this project to become a reality. 1 • Councilman Thorpe made a motion, seconded by Council- • man O'Donnell, to receive and file the letter from the park committee.. All voting aye, the motion was carried. (see attached) park - Ken Andrews advised that an historical booklet of historical the park is almost completed and shall be given to the booklet Town Historian. U 0 Mr Stanley Nadolski Cortlandville Town. 15 Terrace Road Cortland, New York Dear Mr Nadolski: Supervisor 13045 Cortlandville Park. Committee Town of Cortlandville Cortland, iq o v York 13045 It is with a great sense of pride, that the Cortlandville Park Committee turns the Cortlandville Citizens Park over to the Town of Cortlandville® We are extremely proud of the work that has been accomplished. This park project has been a total community effort, and I`m sure the community shares our feeling of pride in what has been accomplished. Since the beginning of this project early in 1982, a great deal of work has been.accomplished. We are giving the Town of Cortlandville a facility that contains two ball fields, playground area, picnic shelter, restrooms, parking lot,trailer for recreation office and storage,storage shed, scoreboards, and some tools to help with maintenance® All of this has been made possible, due to the fine support of the businesses,organizations, and citizens of Cortland County® That support has raised over $25,000 in cash,approximately $10,000 in materials, and well over 1800 hours in labor. There is still some work to be done, and the committee will work to see that the work is completed. We hope to have the basketball courts in by fall. We feel that this facility will help meet the needs of the 2400 youth in Cortlandville, and will also be a facility that every one will use. We trust that the Town Of Cortlandville will accept this facility with the same feeling of pride in which they are given. Je also hope that the Town of Cortlandville will make every effort to maintain these facilities in the years to come. File TOV N OF CO2TLANDVILLE CO ;TLAND COUNTY 15 ERR . ROAD ORT .AND N. Y. TOWN CLERK 4espectfully, Melvin Pierce Park Project Chairman )- azek-eu4a Kenneth Andrews Park Project Vice Chairman Fund Raising Vice Chairman Richard Tupper Fund Raising Chairman Wednesday, July 6, 1983 Page 3 RESOLUTION # 132 AUTHORIZE GARBAGE REMOVAL SYSTEM AT PARK Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the recreation committee is hereby ® authorized to contract with Leach (Custom Trash Service), for his garbage removal system at a cost of.$ 28.00 per month, and shall be paid from the recreation budget. RESOLUTION # 133 AUTHORIZE REPAIRS AT LAMONT CIRCLE PARK Motion by Councilman O'Donnell Seconded by Councilman Thorpe. VOTES: ALL AYE ADOPTED BE IT RESOLVED that the recreation committee is hereby authorized to purchase materials for repairs of the benchs and the shelter at Lamont Circle Park and shall be paid from the recreation budget. RESOLUTION # 134 AUTHORIZE PURCHASE OF LAWN MOWER - RECREATION Motion by Councilman Thorpe Seconded by Councilman 0,'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the recreation committee is hereby authorized to purchase a lawn mower for trimming purposes, and shall be paid from the recreation equipment fund. Legislator, Richard Tupper, reported that he has received several calls from residents of Kingsley Drive and Halstead in regards to skunks in their area. Also residents of the Lime Hollow area have called expressing concern that the road project may not be completed this year and also the dust problem it has caused. Engineer Novelli reported that the dust problem occurred when they were excavating and bringing in fill. This is no longer happening and the dust is now controllable. The project is somewhat behind schedule. He will submit a report to the Town Board of the Highway Department ® schedule!, as other work also needs to be done. A discussion followed regarding skunks in the area. Councilman O'Donnell advised that studies show this problem is a result of the Japanses beetle. The Extension Service is attempting to provide an educational program concerning this. Proper care of removing the grubs in the lawns should eliminate the skunks coming in.residential area. 8n Wednesday, July 6, 1983 Page 4 Reports of various departments are on the Table or are available, upon request, in the Town Clerk's office. A report was received from Mr. John Buttino regarding commission a meeting he had with Sammon's Communications on June 2, 1983. Councilman Thorpe made a motion, seconded by report Councilman O'Donnell to receive and file the report. All voting aye, the motion was carried. • A letter was received from the Department of Trans- portation informing the Town they will continue to receive CHIPS funds next year under the Consolidated Local Street and state Highway Improvement Program (CHIPS)' with quarterly payments of approxiately $ 9,040.50. Councilman Thorpe program made a motion, seconded by Councilman O'Donnell to receive and file the letter. All voting aye, the motion was carried. A list of election inspectors for 1983-1984 has been election received by the Town Clerk's office. Councilman O'Donnell inspectors made a motion, seconded by Councilman Thorpe to receive and file the list. All voting aye, the motion was carried. RESOLUTION # 135 AMEND RESOLUTION # 125 ADOPTED JUNE -20, 1983 i a Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Resolution # 125, adopted June 20, 1983 is hereby amended by adding the following: lease BE IT FURTHER RESOLVED that the Supervisor, be and he agreement hereby is authorized and directed to sign the agreement fireman between the Town and the Board of Commissioners of the Cortlandville Fire District. Councilman O'Donnell made a motion, seconded by Councilman Thorpe, to receive and file the lease agreement of the Municipal Building, between the Town and the Board of Commissioners -of the Cortlandville Fire District. All voting aye, the motion was carried. • RESOLUTION # 136 AMEND RESOLUTION # 126 ADOPTED JUNE 20, 1983 Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED naming of BE IT RESOLVED that Resolution # 126, adopted June 20, 1983 park is hereby amended by adding the following: Wednesday, July 6, 1983 Page 5 • 1 11 BE IT FURTHER RESOLVED that the name of the Park shall never be changed. Correspondence has been received from TC3 regarding a one day seminar which is scheduled for October 1983) which is designed specifically for unemployed workers. They have requested support and assistance for the program. Councilman O'Donnell volunteered to attend their meeting on July 13 and represent the Town. Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the correspond- ence. All voting aye, the motion was carried. Correspondence was recently received from James Feuss of the Cortland County Health Dept. regarding Small City Grants,to assist municipalities for installation of water services. Councilman O'Donnell made a motion, seconded by Councilman Thorpe, that the letter be received and filed. All voting aye, the motion was carried. seminar TC-3 for unemployed Small City Grants RESOLUTION # 137 AUTHORIZE APPLICATION FOR ARC GRANT FOR SEWER AND WATER IMPR_QVEMENTS Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED ARC Grant water & BE IT RESOLVED that authorization is hereby given to the sewer Engineer to prepare an application for an ARC grant for improveme7 sewer and water improvements in the Town, and FURTHER RESOLVED that authorization is hereby given to hire Ken Griffen to assist the engineer in writing the ARC grant application at a fee of $ 20.00 per hour,not to exceed $ 500.00 and shall be paid from A1440.4, Engineers Contractual, and RESOLVED that upon completion of such application, the Supervisor is hereby authorized to sign the application and forward to the necessary agency. RESOLUTION # 138 AUTHORIZE REFUND OF WATER BENEFIT TAX TO MARTIN GIBSON Motion by Councilman Thorpe Seconded by Councilman O'Donnell Martin VOTES: ALL AYE ADOPTED Gibson - WHEREAS Mr. Martin Gibson, 1104 Halstead Road, Cortland, refund New York has been charged the water benefit tax of $ 31.00 water benefit for parcel # 96.05-01-25.000, which has-been collected tax via tax collection, and Wednesday, July 6, 1983 Page 6 WHEREAS such parcel does not have water available.and the parcel is not large enough for a building lot, but is adjacent to residence and is a separate deeded parcel, therefore BE IT RESOLVED that the Water Benefit Tax of $ 31.00 shall be refunded to Martin Gibson by the fiscal officer. - RESOLUTION # 139 AUTHORIZE ROBERT SCHERMERHORN TO • INSTALL NEW CONTROLS ON WATER TANK Motion by Councilman O'Donnell Seconded by Councilman Thorpe Water VOTES: ALL AYE ADOPTED Tank BE IT RESOLVED that the Town Engineer is hereby authorized'' install new controls to hire Mr. Robert Schermerhorn to replace and install a water level transmitter, recorder, and pump controls.on the water tank, and RESOLVED that the cost shall not exceed $ 4,000.00 and shall be paid from surplus monies which were transferred per Resolution # 110 of May 4, 1983. RESOLUTION # 140 AUTHORIZE ISSUANCE OF A TRAILER PERMIT ;TO ELMER STOUGHTON Motion by Councilman Thorpe Seconded by Councilman 0i',Donnell VOTES: ALL AYE ADOPTED Trailer WHEREAS an application for a trailer permit has been Permit - received, and the premises have been inspected by the Zoning Elmer Officer, and approved, therefore Stoughton BE IT RESOLVED that the Town Clerk is hereby authorized and directed to issue a house trailer permit to Elmer Stoughton, upon payment of the proper fee. Said trailer to be located on 1737 Rte. 13 North, R.D.# l; Cortland, New York in the Town of Cortlandville. RESOLUTION # 141 AUTHORIZE ISSUANCE OF A TRAILER PERMIT TO DALE G. HEDRICK Motion by Councilman O'Donnell Seconded by Councilman Thoope • VOTES: ALL AYE ADOPTED Trailer WHEREAS an application for a trailer permit has been Permit - received-, and the premises have been inspected by the Dale Hedrick Zoning Officer', and approved, therefore BE IT RESOLVED that the Town Clerk is hereby authorized and directed to issue a house trailer permit to Dale G. Hedrick, upon payment of the proper fee. Said trailer to be located on 3082 Gracie Road, R.D.# 3, Cortland, New York in the Town of Cortlandville. Wednesday, July 6, 1983 - . Page 7 RESOLUTION # 142 AUTHORIZE ISSUANCE OF A TRAILER PERMIT TO LEAH J. GALE Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WFIEREAS an application for a trailer permit has been ® received', and the premises have been inspected by the Zoning Officer, and approved, therefore BE IT RESOLVED that the Town Clerk is hereby authorized and directed to issue a house trailer _permit to Leah J. Gale, upon payment of the proper fee. Said trailer to be located on 4201 Carr Hill Road, R.D.# 1, Cortland, New York in the Town of Cortlandville. RESOLUTION # 143 AUTHORIZE TRAILER PERMIT RENEWAL TO JAMES F. SEARS Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED trailer permit - Leah Gale Trailer Permit BE IT RESOLVED that the Town Clerk is hereby authorized and Renewal James F. directed to issue a trailer permit renewal to James F. Sears, upon payment of the proper feel, to park a.house trailer, Sears located in the Town -of Cortlandvillei, at 311 Sears Road, R.D. # 4, Cortland, New' -York. RESOLUTION # 144 AUTHORIZE TRAILER PERMIT RENEWAL TO EDWARD DUNN Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL.AYE ADOPTED BE I'T RESOLVED that the Town Clerk is hereby authorized and Trailer directed to issue a trailer permit renewal to Edward Dunn, permit upon payment of the proper fee-, to park a house trailer,- Renewal located in the Town of Gortlandville, at 2155 Ames Road, Edward Box 93A, R.D. # 1, Cortland, New York. Dunn RESOLUTION # 145 AUTHORIZE TRANSFER OF MONIES -RECREATION ® Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS the purchase of.recreation equipment and supplies were orginally budgeted in 1982, but received and billed in transfer 19831, therefore of funds recreatic BE IT RESOLVED that the budget officer is;hereby authorized and directed to transfer $ 5,032.80 from surplus - General 84 transfer of funds Justice Dept. Wednesday, July 61, 1983 Page 8 B recreation monies of 1982 to 1983 appropriations B7310.2 in the amount of $ 4,,641.00 and B7140.4 in the amount of $ 391.80 to pay for the recreation equipment and supplies. RESOLUTION # 146 AUTHORIZE TRANSFER OF MONIES -JUSTICE OFFICE Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the budget officer�i.s hereby authorized and directed to transfer $ 216.00 from Contingency Account 01990.4 to #A1110.2 to cover the purchase of a type- writer for the Justice office. A discussion was held regarding the cost of renovating renovate the house on the Wright property. Supervisor Nadolski Wright received an estimate of $ 18,,600 which only included property materials. He has estimated between $ 25,000 to $ 30i, 000 for labor. It has not been decided as to what the building will be used for. It was.the consensus of the Town Board that a final decision should be made with the full board present. Councilman Thorpe made a motion, seconded by Council- man O'Donnell to table the matter. All voting aye, the motion was carried. f ireman auction use of Wright house computer Justice Dept. RESOLUTION # 147 AUTHORIZE THE FIRE DEPARTMENT TO STORE ARTICLES IN WRIGHT HOUSE Motion by Councilman Thorpe Seconded by Councilman O'.Donnell VOTES: ALL AYE ADOPTED WHEREAS the Cortlandville Fire Department has requested to use the Wright house to store articles in preparation for their annual auction coming soon, therefore BE IT RESOLVED that the Cortlandville Fire Department are hereby authorized to store articles in the Wright house with the stipulation, they are responsible for their own things and they are to provide their own security. RESOLUTION # 148 AUTHORIZE SUPERVISOR TO INVESTIGATE COST AND FEASIBILITY OF A COMPUTER - JUSTICE OFFICE Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED • F�, • 1 Wednesday, July 6, 1983 Page 9 BE IT RESOLVED that the Supervisor', be and he hereby is authorized and directed to investi.Zate the cost and feasibility of a computer for the Justice's office and report on it at the August 31, 1983 meeting. RESOLUTION # 149 AUTHORIZE PART TIME HELP FOR JUSTICE OFFICE (NO VOTE) ® Motion by Councilman 0,'Donnell Seconded by Councilman Thorpe NO VOTE TAKEN As motion was made and seconded as follows: The justice department may hire temporary help for 3 hours per day - 5 days per week at $ 4.00 per hour for eight weeks or until Labor Day. A discussion followed of which additional time was requested if a regular employee was on vacation. Mr. Eaton was requested to submit a detailed proposal at the July 18th special meeting. No action was taken. no vo t e part-time help for Justice Dept. A letter was received from Helga R. Idselis in regards to a garage and body shop existing in the residential Gunzen Driv area of Gunzen Drive, garage & Councilman Thorpe made a motion, seconded by Council- body shop man O'Donnell, to receive and file the letter.. All voting aye!, the motion was carried. Supervisor Nadolski advised that this condition should be resolved soon, as all information has been given to the Attorney. RESOLUTION # 150 AUTHORIZE ATTENDANCE TO JUSTICE AND -COURT CLERK SEMINAR Motion by Councilman 0.'Donnell Seconded by -Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Donald -Eaton and Cheri Hubbard are Justice hereby authorized to attend the Annual Justice and Court Dept. to Clerk Seminar', from July 26th - 29th, 1983 at St: Lawrence seminar University at Canton, New Yorke, and ® RESOLVED that any expenses incurred by same', be reimbursed, subject to -audit by the -Town Board. RESOLUTION # 151 AUTHORIZE APPLICATION FOR 1983 RECREATION FUND Motion -by Councilman Thorpe Seconded by Councilman O'Donnell VOTES. ALL AYE ADOPTED Wednesday, July 61, 1983 Page 10- apply for BE IT RESOLVED that the Supervisor is hereby authorized - recreation and directed to make application for 1.983 recreation funding funds from the state!, sign them and forward to the necessary agency. RESOLUTION # 152 NAMING OF LEAD AGENCY-SEQRA-POLKVILLE SEWER PROJECT • Motion by Councilman Thorpe Seconded by. Councilman O'Donnell VOTES: ALL AYE ADOPTED SEQRA Polkville BE IT RESOLVED, that the Town of Cortlandville Town Board Sewer will be Lead Agency for determining significance of Project environmental impact of proposed Polkville sewer project, and BE IT FURTHER RESOLVED, sigr_ifi;dand6 will be determined at the regular meeting of the Town Board, to be held on Wednesdays; August 3, 1983 at 7: 30 p.m. at the Town Hall and the Town Clerk is directed to send a certified copy of this resolution to the affected parties. Supervisor Nadolski reported that he has not received S.P.C.A. a monthly report from the SPCA since April!, 1983. monthly The clerk reported she does not have the 1983 contract reporting for dog control. on file. It was reported that it was coming soon. I Justice Eaton asked if the information reported on the dog control monthly reports coincide with his reports relating to dog control. He was advised that all reports from dog control are cros<s referenced - clerks report, SPCA report and justice report. RESOLUTION # 153 REQUEST SUPERVISOR TO WRITE TO>SFGA Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Supervisor Nadolski is hereby requested to correspond with the SPCA in regards to a monthly report for dog control. RESOLUTION #'154 ADOPTION OF LOCAL LAW NO. 2 FOR THE YEAR 1983 Local Law Motion by Councilman Tharpq #2 of 1983 Seconded by Councilman O'Donnell Flood VOTES: ALL AYE ADOPTED Insurance Program WHEREAS, Local Law No. 2 for the Year 1983, providing for the rights and responsibilities of owners and users of land in the Town of Cortlandville which is located in areas associated with flooding or in established special flood 1 • 1 FLOOD DWACE PREVENTICN LAW SECTICN 1.0 1.1 - STATUTCRY AUITMI ZATICN The Legislature of the State of New York has in the Municipal Hcme Rule Law delegated the responsibility to governmental units to adopt laws and regulations designed to prarote the public health, safety, and general welfare of its citizens. 1.2 FINDINGS OF FACT (1) The flood hazard areas of Town of Cor t I andv i 11 e are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of conmerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards.which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATBVFNT OF PLRFOSE It is the purpose of this 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: (1) To.protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (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 and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers 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. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this law includes methods and pro- visions for: (1) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including facilities which serve such .uses, be protected _against flood damage.. at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream chan- nels, and natural .protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers Which will unnaturally divert flood waters or which may increase flood haz- ards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases 'used in this law shall be interpreted so as to give them the meaning they have in common usage. and to give this law its most reasonable application. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or .greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining dredging, filling, grading, paving excavation or drilling operations located within the area of special flood hazard. "Existing mobile home ark or mobile home subdivision" means a parcel or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilites for - 2 - servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed be- fore the effective date of this law. "Floodway" means the channel of a river or other watercourse and the ad- jacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation utilities, either final site grading or pouring of concrete or the construction of streets). "Flood Insurance Rate Map" (FIRM) means the .official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood. "Lowest Floor":. Lowest level (including basement, crawl space, or garage) of the lowest enclosed area. "Mobile home" means a structure that is transportable in one or more sec- tions, built . on a permanent chasis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this law. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grad- ing or the ' pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this law. "Start of construction" means the first placement of permanent construc- tion of a structure other than a mobile home) on a site, such as the pour- ing of slabs or footings or any work beyond the stage of excavation. Perm- anent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such a's garages or sheds not occupied as dwelling units or not as part of the main structure. For footings, the "start of construction" includes the first - 3 - u 1 piling Or YOiirdC�a'i :3ii. For mobile homes nG2 within a mobl park or mobile home subdivision, "start of construction°' means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and in- stallation of utilities) is completed. "Structure" means a walled and roofed building or mobile home that is prin- cipally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) .before the improvement or repair is started, or (2) if the structure has been damaged and is being .restored, before:, the damage occurred. For the purposes of this .definition "substan- tial improvement" is considered to occur when the first alteration of Any wall, ceiling, floor, or other structural part of the building . commences, whether or not that alteration affects the external dimensions of the structure. The'term does not,' however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" . means.a grant of relief from the requirements of this law which permits construction in a manner, that would otherwise be prohibited by this law: SECTION 3.0 3.1 LANDS TO WHICH THIS LAW APPLIES This law shall apply to all" areas of special flood hazards . within the Town of Cortlandville. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by , the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Cortlandville", dated February 15, 1983, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this law. The Flood Insurance Study is on file at the Cortlandville Town Hail, 15 Terrace Road, Cortland, N. Y. 13045. - 4 - 3.3 PENALTIES FOR NONCOM PLltio,% Z No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this law and other applicable regulations. Violation of the provisions of this law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation. Any person who violates this law or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $250.00 or imprisoned for not more than 15 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Cortlandville from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this law is considered reason- able 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 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 law shall not create liability on the part of Town of Cortlandville, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before ,construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development permit shall be made on forms furnished by the. Zoning Officer of the Town of Cortlandville and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, lo- cation, dimensions, and elevations of the area in question; existing or pro- posed structures, fill, storage of material, drainage facilities; and the lo- cation of the foregoing. 4.2 DESIGNATION OF THE ZONING OFFICER. The Zoning Officer of the Town of Cortlandville is hereby appointed to ad- minister and implement this law by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE ZONING OFFICER Duties of the Zoning Officer shall include, but not limited to: - 5 - 4.3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this law have been satisfied. (2) Review all development permits to determine that all neces- sary permits have been obtained from those federal, state or local govern- mental agencies from which prior approval is required. ,(3) Review all development 'permits in the area of special flood hazard except. in the coastal high hazard area to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this law, "adversely affects" means that 'the cumulative effect of."the proposed development when com- . biped with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one (1) foot at any point. 4.3-2 Use Of Other Base Flood Data When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS. the, Zoning Officer shall obtain, review, and reasonably utilize any, base 'flood elevation data available . from . a federal, state or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Resi- dential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Con- struction. 4.3=3 Information To Be Obtained And Maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substan- tially. improved structures. (2). For all new substantially improved floodproofed structures: (i) verify and record the actual, elevation ,(in relation to mean sea level), .and (ii) maintain the floodproofing. certifications required in Section 4.1 (3). 4.3-4 Alteration of Watercourses (1) Notify _adjacent communities and the New York State De- partment of Environmental Conservation prior to any altet ation or relo- cation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so . that the flood carrying capability is not diminished. -6- 4.3-5 Interpretation of FIRM Boundaries Make interpretations where needed, as to the exact location of the bound- aries. of the areas of special flood hazards (for example, where there ap- pears to be a conflict between a mapped boundary and actual field con- ditions). The person contesting the location of the boundary shall be given a rea- sonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 VARIANCE PROCEDURE (1) The Cortlandville Zoning Board of Appeals shall hear and de- cide appeals and requests for variances from the requirements of this law consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program 44 CFR 60. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the struc- - ture. (2) All mobile homes shall be anchored to resist flotation, col- lapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: (i) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional over -the -top tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mo- bile homes less than 50 feet long requiring only four addi- tional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored 5.1-2 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. - 7 - (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. . 5.1-3 Utilities (1) All new and replacement water supply systems shall be de- signed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be de- signed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On -site waste ' disposal systems shall be located to avoid im- pairment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall; have public utilities and fa- cilities such as sewer, gas, electrical, and water ' systems located and con- structed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage pro- vided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.2-1 Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commer- cial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the struc- ture is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer or archi- tect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). 5.2-3 Mobile Homes 5.142). (1) Mobile homes shall be anchored in accordance with Section (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the re- pair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repairs, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pil- ings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: -lots are large enough to permit steps, -piling foundations are placed in stable soil nor more than ten feet apart, and -reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.0 are areas designated as floodways. Since the floodway is an extremely haz- ardous area due to the velocity of flood waters which carry debris, poten- tial projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, sub- stantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and sub- stantial improvements shall comply with all applicable flood hazard reduc- tion provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUC- TION. (3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. (4) In all areas of special flood hazard in which base flood ele- vation data has been provided and no floodway has been designated, the - 9 - cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the Ovate surface elevation of the base flood more than one foot at any point. SECTION 6.0 6.1 This Local Law shall take effect in accordance with Municipal Home Rule Law. h thi ��V If) Wednesday, July 61, 1983 Page 11 • 1 • �I hazard areas', was introduced at the June 19, 1983 meeting of the Town.Board, and WHEREAS, said Local Law has been in its final form upon the desks of the members at least seven days exclusive of Sunday prior to this date, and WHEREAS, a public hearing thereon has been held before this Town Board', after publication of notice thereof as required by law, now, therefore be it RESOLVED, that Local Law No. 2 for the Year 1983 is hereby passed and enacted in the following form: Wednesday, July 61, 1983 Page 12 A discussion was held reviewing the status of the trailer used at the park and donated by the Jaycees. No action was taken. RESOLUTION # 155 AUTHORIZED ENGINEER TO PREPARE PLANS ETC. FOR SEWER IMPROVEMENT PROJECT FOR POLKVILLE AREA Motion by Councilman Thorpe Seconded by Councilman 0:'Donnell VOTES: ALL AYE ADOPTED prepare RESOLVED, that the Town Engineer is hereby authorized and plans for directed to prepare a general plan', report and map for Polkville providing a sewer improvement in the Polkville area for Sewer the proposed Polkville Motel project and to submit Project the same to this Board and to the State Department of Health for approval', all in accordance with Sections 209-Q (2) and 209-C of the Town Law. Wayne Currie reported that the motel project in Polkville has been started and is beyond the proposed level. Ken Andrews asked if the new ag exemption would have new an impact on residential owners in regards to taxes. exemptions Supervisor Nadolski reported in the affirmative and this will be addressed at the next meeting. There being no further business, Councilman 0,'Donnell made a motion, seconded by Councilman Thorpe to adjourn the meeting. All voting aye!, the motion was carried. The meeting was adjourned at 8:30 P.M. IFes ctfully lubmi ted, Pauline H. Parker', Town Clerk, Town of Cortlandville 1 • •