HomeMy WebLinkAboutTB Minutes 1965-11-04November 4, 1965
The speciel budget meeting of the Town Board of the Town of
Itheca was held at 4:00 ?.>■, on Thursday, November 4, 1965 inthe Town Offices, 3rd Floor, 108 E, Green St., City of Ithaca.
Board members present were: Supervisor William B, Kerr,Councilmen Prank Bishop, Joseph ^'ayer, Harry Baker and Andrew W.
NcElwee,
Also present were Highway Sup't. Marlon Morey, Assessor RobertJ. Wells, Attorney James Buyoucos, Engineer James Dunlap, Mr, and I |Mrs, Reece, Mr. Jon D, Hart, Mrs. Barth Mapes, Jerry Langdon, BoB ' *
Newman and Clerk Evelyn Fuess.
APPROVAL OF MINUTES ^
A letter from Attorney Roger Sovocool questioned the Intent
of the Board in the resolution regarding the extension of water
and sewer facilities to the Bishop property as recorded In the
minutes of the October 4, 1965 meeting. Mr. Kerr explained that
he had talked to Mr. Sovocool In regard to the extension of the
water line In question and had found out that this line Is only
a 2" line and is now serving a maximum number of homes, '^he
Board discussed the possibility of extending water to this
property from. Cayuga Heights and authorised the Supervisor to
contact an Engineer to decide the feasibility of such action. "Ith
this understanding the motion was made by Councilmpn Mayer and
seconded by Supervisor Kerr that the minutes of the October 4, 19^5
meeting be approved.
Ayes - Kerr, Mayer, Baker, 1^'cElwee and Bishop
Noes - 0 Carried
RESOLUTION - PARTICIPATION IN WORK^FN'S COMPENSATION PLAN
Councilman Bishop offered the following resolution and moved
Its adontion:
WHEREAS, the County of Tompklns by Resolution No. 234 adopted
on October l4, 1965» s plan to discontinue its Mutual VJorkmen's
Compensation Self-Insurance Flan and transfer compensation
coverage to a private carrier namely; the Glens Falls Insurance
• Company, and
WHEREAS, by Local Law No. 2, adopted June 11, I956i
participating municipalities may withdraw from the plan by filing
with the Clerk of the Board of Supervisors a certified copy of
a resolution of its governing body electing to withdraw, now
therefore be it
RESOLVED, that this Board hereby elects to withdraw from the
Tompklns County Workmen's Compensation Plan effective Dec. 3l> 1965i
and be it further
RESOLVED, that the clerk of this municipality forward a
certified copy of this resolution to the Clerk of the Board of
Supervisors.
Seconded by Councilman Mayer
Ayes - Kerr, Bishop, Baker, Mayer and McElwee
Noes - 0 Carried
PUBI.IC HEARINGS - SPECIAL DISTRICT ASSESSMENT RCLI.S
Noone was nresent to be heard at any of the special district
public hearings held as follows:
South Hill Ext. Water District - 4:l5 P.M.
East State St. Ext. Water District - 4:20 P.M.
Northeast k'ater District - 4:25 F.M.
Hanshaw Road Sewer District - 4:30 P.M.
Renwick Heights Sewer District - 4:35 P.^.
Proof of publication and posting was presented. Since noone v/as
present to be heard the hearings were closed. Supervisor Kerr
offered the following resolution and moved its adoption:
RESCIVFD, that the prepared assessment rolls for the special
districts as listed above be approved.
Seconded by Councilman Bishop
Ayes - Kerr, Bishop, Mayer, Baker and McElwee
Noes - 0 Carried.
FIRE PROTECTION CONTRACTS '
Noone was present to be heard at the public hearings on the
fire protection contracts between the town and the Cltv of Ithaca
n
n
end the Tovm end the Ville^e of Cayuge Heights. The public hearing
on the contract with the City wee held at A letter from
r. John Russell, City Controller itemized the operating costs of
963 and 196^1- and per the agreement dated 5/6/6k the Totvn agreed to
pay a percentage of these increased costs. The hearing was closed and
Counclimsn Hayer offered the following resolution and moved its
adoption;
RESOLVED, that the contract with the City of Ithaca for fire
protection for the year 1966 be renewed at a price of •$17,197.95
for fire protection in the Tov;n of Ithaca excepting the following
areas, to wit:
a) The Village of Cayuga Heights
b) The area comprising all of the territory lying between the
east boundary of the Village of Csyuga Heights and the east boundary
of the Town of Ithaca
c) The Hamlet of Forest Home exclusive of the structure
housing the Cornell University Filtration Plant
Seconded by Councilman HcElwee
Ayes - Kerr, Kayer, Bishop, McElwee and Baker
Noes - 0 Carried
Noone was present to be heard at the Public Hearing on the fire
contract with the Village of Cayuga Heights.
Councilman ^cElwee offered the following resolution and
moved its adoption:
RESOLVED, that the contract between the Village of Cayuga
Heights and the Tovm of Ithaca, whereby the Village agrees that
its fire department will give fire protection for the year 1966
in the Hamlet of Forest Home and in that portion of the town to
the north of Forest Home and between the east boundary of Cayuga
Heights and the east boundary of the Town of Ithaca, in consideration
of the payment to the Village by the Town the sum of $3,529.00.
Seconded by Councilman Mayer
Ayes - Kerr, Mayer, Baker, Bishop and McElwee
Noes - 0 Carried
FOREST HOME WATFR DISTRICT - DELINQUENT WATER BILLS
Supervisor Kerr offered the following resolution and moved its
adoration;
RFSOLVED, that the unpaid water bills as of Oct. 1, 1965 in the
Forest Home V.'ater District be added to the tax roll for 1966,
Seconded by Councilman Mayer
Ayes - Kerr, Mayer, Baker, McElwee and Bishop
Noes - 0 Carried.
NOTICE OF ABANDONING OF STATE HIGHWAYS
Mr. Kerr reported to the Board on an Official Order from the
State Dep't, of Public Works notifying the town of the abandonment
of portions of State ^^Ighways Nos. IOO3, IOO3A, 606, -^55, end 336,
The first two are portions of Mitchell St.; #6o6 is a portion of
Hanshaw Bd.;and #'s ^55 336 are portions of Wyckoff Rd. and
Cayuga Heights Rd. in the village of Cayuga Heights. These roads
will be returned to Tompkins County for maintenance.
SEWER ORDINANCE
Councilman Mayer offered the following resolution and moved
its adoption:
R^SCIvrD, that a -oublic hearing be held at 4:15 P.M. on Dec.
13» 1965 in the Town Offices, 108 E. Green St., City of Ithaca to
hear all persons interested in an ordinance establishing rules,
regulations and penalties regarding connection to Sanitary Sevjage
Disposal Facilities with the Town of Ithaca. (Cony of Ordinance
follows the minutes for this meeting)
Seconded by Supervisor Kerr
Ayes - McElwee, Kerr, Bishop, Mayer and Baker
Noes - 0 Carried,
NORTHEAST SIDEWALKS
The Town Board was in receipt of letters from Sup't. of Schools,
James Mason, Principal of Northeast School Jon Hart, and Mr. and Mrs.
J. Vvilliam Reece, Co-Chairmen of the Northeast School P.T.A. Safety
Committee in regards to their interest in the development of walks
end roads in the vicinity of the new Northeast School. Mrs. Mapes,
Mr. Hart and Mr. end Mrs. Reece were present to ask the Board to
n
consider providing a sidewalk to extend from the ends of Tareyton
Dr. and T^urlel Sts. to Warren Road, and a sidewalk along V^inthrcp
Drive between the school and the village line.
Supervisor Kerr said the town was willing to cooperate with the
school, but felt the Board of Education has been remiss in not
picking up the necessary rights-of-way at the time of purchase of
land for the school. School principal Jon Hart was present and
explained to the board how buses could be eliminated if walkways
were provided. The Town Board felt that the responsibility of
constructing and maintaining sidewalks should be borne by the
Ithaca School District, but that the Town would be willing to help
procure the necessary property for rights-of-way.
ANNUAL BUDGET HEARING ^
Noone was present to be heard at the public hearing on the
annual budget at 5'3^ P.N. Proof of posting and publication were
presented. The hearing was closed and Councilman KcElwee offered
the following resolution and moved its adoption:
RFSCIVFD, that the Town Board of the Town of Ithaca does
hereby adopt the Preliminary Budget as the Annual Budget for the
fiscal year beginning the first of January, 1966, and
BE IT FURTHER RF50LVED, that the Town Clerk of this Town
shall prepare and certify duplicate copies of such Annual Budget
adopted pursuant to Section 202-a of the Town Law, and deliver one
copy thereof to the Supervisor of the Town to be presented by him
to the Board of Supervisors of Tompkins County,
Seconded by Councilman Fayer
Ayes - Kerr, Fayer, Baker, FcElwee and Bishop
Noes - 0 Carried.
NORTHEAST SEWER PRCGRFSS REPORT
A request has been received from the residents along the east
side of Sapsucker Woods Rd. asking to be included in the nev? Northeast
Sewer District. The request will be submitted to the Dryden Town
Board before action is taken. Fr. Dunlsp of Lozier's Inc. v.as present
to give 8 progress report on the ;Jortheast Sewer District construction.
Work is progressing rapidly in this area. He also reported that the
plans for the Ellis Hollow Rd. sev.'er district are ready to go to
the State Health Department for their^ approval,
RESCLUTION AND ORDER FOR PUBLIC HFARING - SLATFRVILLE ROAD SEWER
DISTRICT
In the Matter of the Establishment of the Slg-terville Road
Area Sewer District in the Town of Ithaca. County of Tompkins
and State of New York, pursuant to Article 12-A of the Town Law
WHEREAS a map, plan and report have been prepared, in such manner
and in such detail as has heretofore been determined by the Town
Board of Ithaca, relating to the establishment of a Sewer District
in the Slaterville Road - Snyder Hill Road - Honness Lane are of
said Town, and
VJHFREAS such map, plan, and report have been duly filed in the
Town Clerk's Office in said Town; and
WHEREAS said map, plan, and report were nrfnared by Lozier
Engineers, Inc., competent engineers, duly licit^nsed by the State of
New York, showing the boundaries of the proposed district, and
a general plan of the sewer factilities to be constructed, and a
report of the proposed method of operation; and
WHEREAS said map shows all outlets and the terminus and
course of each proposed main sewer, together with the location
and 8 general description of all public works required, including"
such lands and easements, if any, to be required, and
WHIRF'AS the bounf^aries of the proposed district are more
particularly set forth and described hereinafter in Schedule A, and
WHEREAS the improvements proposed consist of the construction
and installation of sewer mains, sewer laterals, manholes and
appurtenances for the purpose of supplying a public sewer system
to the properties in the proposed district, and which system shall
be connected with and drain into the City of Ithaca sewer system;
and
n
n
WHEREAS the proposed ;nethod of financing the oost of said
iT.provement consists of the issuance of serial bonds of said Town
to mature in annual installments over a period not exceeding thirty
(30) years. The cost of constructing the foregoing improvements
shall be assessed by the Town Board in proportion as nearly as may
be to the benefit which each lot or parcel will derive therefrom,
and
WHEHEi^.S the maximum amount proposed to be expended for said
improvement and for the acquisition of the necessary lands and
^ easements is THREE HUNDRED FIFTY THOUSAND DOLI-ARS($350, 000, 00), and
WHEREAS said map, plan and the report describing said improve-
i ment are on file in the Town Clerk's Office, for public inspection,
NCV/, on motion of Councilman A. W. NcElwee and seconded by
Councilman Frank C, Bishop, it is hereby
ORDERED that the Town Board of the Town of Ithaca shall meet
and hold a public hearing at the Town Offices, 3^*^^ Floor, ICS E,
Green Street in the City of Ithaca on the 13th day of December, 3965,
at ^:30 o'clock P.N, on that day, to consider said map, plan and
report, and to hear all persons interested in the subject thereof
concerning the same, and to take such action thereon as is required
or authorized by law.
The adoption of the foregoing order was duly put to a vote,
and upon roll call, the vote was as follows:
William B. Kerr, Supervisor voting aye
A. W. NcElwee , Councilman voting aye
Joseph N. Mayer, Jr., Councilman voting aye
Harry U. Baker, Councilman voting aye
Franklin C. Bishop, Councilman voting aye
The order was thereupon duly adopted.
DESCBIFTION CF PROPOSED OUTLINE OF SLATERVILLE ROAD SEWER DISTRICT,
TOWN OF ITHACA, TCNPKINS COUNTY, NEW YORK
All that tract or parcel of^land situate, lying and being
i in the Town of Ithaca, Tompklns ^ounty. New York, more particularly
, i bounded and described as follows:
Beginning at a point, said point being the intersection of
the centerline of Slaterville Road and the southerly corporation
line of the City of Ithaca;
(1) thence, northeasterly along the vahious courses of said
southerly corporation line of the City of Ithaca, a distance of
1,760 feet, more or less, to a point lying in the east boundary
of parcel 60-1-25;
(2) thence, southerly along east boundary of said parcel
60-1-25, ^ distance of 1,320 feet, more or less, to a point
being the northeast corner of parcel 60-1-20;
(3) thence, easterly across parcel 60-1-19, b distance of
90 feet, more or less, to a point being the south corner of
parcel 6O-I-18; said point being also an angle point in the west
boundary of parcel 60-1-17;
(L) thence, northerly along the west boundary of parcel
60-1-17, a distance of 130 feet, more or less, to the northwest .
corner of parcel 60-1-17;
(5) thence, easterly along the north boundaries of parcels
6O-I-17, 6O-I-I6, 60-1-15, Bnd 6O-I-IO, a distance of 1,110 feet,
more or less, to a point being 200 feet west of the centerline
of Pine Tree Road measured at right angles;
(6) thence, northerly along a line parallel to, 200 feet
« west of end measured at right angles to the centerline of Pine
Tree Road, across parcel 60-1-9, a distance of A50 feet, more or
I less, to a point lying in a line at right angles to the centerline
of Pine Tree Road and being 100 feet north of the centerline
intersection of Pine Tree Road and Snyder Hill Road;
(7) thence, easterly along said line across parcels 60-1-9
and 61-I-19, B distance of 330 feet, more or less, to a point
being 200 feet northeast of the centerline of Snyder Hill Road
measured at right angles;
(8) thence, southeasterly along a line parallel to, 200 feet
northeasterly of and measured at right angles to the centerline
of Snyder Hill Road, across parcels 61-1-19 end 6I-I-I8, a distance
of 710 feet, more or less, to a point lying in the north boundary
of parcel 6l-l-l^;
(9) thence, easterly along- the north boundaries of parcels
61-1-12, a distance of 1,190 feet, more or less, to
the northeast corner of parcel 6l-l-i2;
ClO) thence, southerly along the east boundaries of parcels
61-1-12, 61-1-11, and 61-1-10, a distance of 1,590 feet, more or
less to the southeast corner of parcel 57-1-7;
(11) thence, westerly along the south boundary of parcel
57-1-7, s distance of 4-50 feet, more or less, to the northeast
corner of parcel 57-1-11;
(12) thence, southerly along the east boundary of parcel
57-1-11 a distance of 1,820 feet, more or less, to a southeast
corner of parcel 57-1-11;
(13) thence, westerly along a south boundary and westerly
extension thereof of parcel 57-1-11 a distance of 350 feet,
more or less, to a point lying in a southwest boundary of said
parcel 57-1-11;
(14) thence, northwesterly along aforesaid southwest boundary
of parcel 57-1-11, a distance of 440 feet, more or less, to a corner
in parcel 57-1-11;
(15) thence, southerly along an east boundary of parcel
57-1-11 a distance of 340 feet, more or less, to a point lying
in the northeast right-of-way line of Slaterville Road;
(16) thence, northwesterly along the northeast right-of-way
line of Slaterville Road, a distance of 4l0 feet, more or less, to
a point lying in the northeasterly extension of the southeast
boundary of parcel 53-1-31,
(17) thence, southwesterly along aforesaid extension and
southeast boundary of parcel 53-1-31, ^ distance of 17O feet,
more or less, to the south corner of parcel 58-1-31j
(18) thence, northwesterly along the southwest boundary
of parcel 58-1-31, ^ distance of 150 feet, more or less, to the
west corner of parcel 58-1-31;
(19) thence, southwesterly along the southeast boundary of
parcel 58-1-30, a distance of 80 feet, more or less, to the
south corner of parcel 58-1-30;
(20) thence, northwesterly along the southwest boundary of
parcel 58-1-30,- across parcel 5S-1-29, p distance of 250 feet,
more or less, to the west corner of -narcel 58-1-29;
(21) thence, southwesterly along the southeast boundary of
parcel 58-1-26, a distance of 70 feet, more or less, to the
south corner of parcel 58-1-28;
(22) thence, southerly along the east boundary of parcel
58-1-33 P distance of 630 feet, more or less, to the southeast
corner of parcel 58-1-33;
(23) thence, along the various courses of the northeast
boundary of parcel 55-1-1 (lands of City of Ithaca Water Depart
ment) a distance of 6,600 feet, more or less, to a point lying
in the south corporation line of the City of Ithaca;
(24) thence, easterly along the south corporation line of the
City of Ithaca, a distance of 870 feet, more or less, to the
point of beginning;
All as shown on a "Map of Proposed Slaterville Road Sewer
District" as prepared by Lozier Engineers, Inc., dated September
24, 1965, drawing file number 13572; and said parcel numbers
referring to Tax Map, Town of Ithaca, Tompkins County, approved
by State Board of Equalization and Assessment, March 27, 1964,
tax maps dated II/1/63.
BUTIDING INSPECTION AMD STATE CCDE FUNCTIONS
Zoning Officer H. J. Ivells, in ansv^er to a request of the
Tovjn Board (see August 1965 minutes) presented a letter in which
he outlined proposals in regards to the enforcement of the State
Building Code. He stated that most cities in the state have
depa"-tments employing building inspectors. Towns which have felt
the need have established enforcement practices also. Mr. Hells
proposed a schedule of recommended building permit fees that could
make a part time Job for en enforcement officer self-susteining.
The fee schedule could be amended to provide increased or decreased
service if the need arose.
Councilman McElwee stated that he had noted that the City
of New York has recently decided to adopt a permissive code. In
that case either an architect, engineer or bulldbr is responsible
for the inspection of the building. Supervisor Kerr questioned
whether or not the town could employ someone v:ith the skills needed
n
n
n
on 8 pprt time basis. No final decision was made,
(Note: The Clerk vjas excused at this point and the remaining
minutes were taken by R.J. Wells)
ASSESSOR FOR THE VILLAGF OF CAYUGA HEIGHTS
Mr, Kerr proposed that the Town give the Village of Cayuga
Heights assessment services for nothing provided the village
accept the standard method of determination of full value. The
consensus of the iEboard is that the percentage of full value for
assessment nurposes should be 100^ In preference to
WARRANT
Supervisor Kerr offered the following; resolution and moved
its ad cotion:
RESOLVED, that General Fund Bills through (less
#4l0) in the amount of .^6,866.68 and Highviay Fund Bills #318
through #355 In the amount of 835-55; slso Northeast Sewer
District bills totaling 159,582.?^ be paid.
Seconded by Councilman Bishop
Ayes - Kerr, Baker, Mayer, Bishop and McElwee
Noes - 0 Carried.
ACCEPTANCE CF 5CADS
The acceptance of Drew Rd,, Grove Rd, and Grove Place was
delayed after the suggestion wss made that the town require a
6o' right-of-way on ail new roads.
Supervisor Kerr offered the following resolution and moved
its adoption:
RESOLVED, that the town require a 60' r.o.w, and a 50' radius
for cul-de-sac turnarounds for all roads before they are accepted.
Seconded by Councilman McElv;ee
Ayes - Kerr, Mayer, Baker, Bishop and McElwee
Noes - 0 Carried,
Mr, Ben V. Boynton was present to request acceptance of
the road Sugarbush Lane in his development off Snyder Hill Rd.
The Board requested that Mr, Boynton provide a 60' r.o.w, on
this new road. Mr, Boynton declined because land is now sold
on both sides of the road, according to Preliminary Planning
Board approval requiring only 50', The Board will ask for 5'
from the two owners of these lots on the corner of Snyder Hill
Bd. and the new road.
The next meeting of the Town Board will be on the regular
meeting date - December 13, 1965 at A:00 P.M.
The final yearly meeting of the Board will be held on Friday
December 3l> 1965 st 10:30 A.M. in the Town Offices, 108 E. Green
St., City of Ithaca.
The meeting was adjourned at ?:30 P-M-
Evelyn S. Fuess
Town Clerk
NOTE: Sewer Ordinance begins on Pg. 50
50
TOWN OF ITHACA
SANITARY SEWEB ORDINANCE
SECTION 1. (a) Application. This Ordinance shall apply to
all owners of property located in established sewer districts
within the Town of Ithsca In which public facilities for the
collection and disposal of sanitary sewage have teen provided and
are In operation, or which may be hereafter provided and operated
herein also referred to as the public sewer system, and also to
owners of all other property who connect or use any such facili
ties.
(B) Definition, by nubile sewer system Is meant
the sewer pipe lines and all other facilities constructed by the
Town in the streets, alleys or in any rights-of-way obtained by
the Town and such term shall also include the service connection
pipe line up to any other point designated by the Town as the
point to which the property owner must connect with said public
sewer system. By building sewer (also referred to herein as house
sewer or sewer connection) Is meant any sewer Pipe, or part thereof,
connecting a nubile or private luildlng with the public sewer
system and extending from the public sewer system to the building
or house foundation wall. Contracting YunlclPalltv defines a
municipality such as the City of Ithaca, the Village of Cayuga
"eights or other municipal body with whom the Tcvm has entered
Into an agreement whereby the said municipal body agrees to
receive and treat sewage discharge and waste through its municipal
system. Person shell mean any indlvldaul, firm, company, assoc
iation, society, corporation or group.
SECTION 2. (A) Sewer Inspector. The Town Board may appoint
a sewer inspector who shall be the Board's authorized agent In
matters felling under this Ordinance and shall exercise those
powers delegated to him In this Ordinance or which may be reason
ably required to carry out such powers. Until such time as such
sewer Inspector is appointed, any such powers shall be exercised
by such person or persons as the Town Board may designate.
SECTION 3- Sewer Connections.
(A) Connection with Public Sewer System Required.
Except as otherwise stated herein, the owner of any house, build
ing or any property used for human occupancy, employment, recrea
tion, commerce, manufacturlng or other purpose, situated within
the Town of Ithaca and abutting on any street, thoroughfare or
right of way in which there is located a Town public sewer system,
or, if such Town public sewer system is otherwise available or
accessible to such house, building or property, is hereby required
at his expense to connect with the Town public sewer system and,also
at his expense to Install suitable toilet facilities therein and
to connect such facilities directly with the public sewer in
accordance with the provisions of this Crdinance. Except as
otherwise stated herein, such connection must be made within
forty-five (A5) days after date of official notice to do so, except
that any house or building constructed from and after the
day of , 196_ shall be connected to
such public sewer sytem prior to occupancy or use thereof.
(B) Northeast Sewer District. NotwlthstandIng
the provlslcns of paragraph TaI of this Section, any such owner
as described in said paragraph (A) of any property located in the
Northeast Sewer District or connecting with the public sewer
system of said district shall not be required to connect with
the public sewer system until the expiration of ten (10) years
after notification that the facilities of such public sewer
system are available for connection except as follows:
(1) Upon written notice given by the Tompkins
County Health Department to the owner or occupant of any property
in the Northeast Sewer District directing that such property
owner shall cease using any private sewage disposal system on
his property, the owner of such property shall cause any structure
on such property to be connected to the public sewer system within
thirty (30) days after such nctlfIcation.
(C) From time to time the Town Board may
specifically exempt an owner of property from the requirement of
connecting with the public sewer system under certain terms
and conditions and until such time as such exemption is cancelled
by the Town Board.
n
n'
0
51
(D) Whenever a Town public sewer system is
made available to en csrea of the Town, owners of property located
within such area must connect with such public sewer system even
if sewage collection and disposal facilities are provided by any
other public agency in such ares. No property in the Town shall
be connected with any such sewage collection and disposal facility
provided by any other public agency except by permission of the
Town Board and subject to such terms and conditions as the
Board may require.
SECTION Permit■
(A) No person shall uncover, mske any connectionswith or opening into the Town public sewer system, or construct,
alter, reoeir or use any drain, building sev;er or other lateral
sewer to connect with such public sewer, without first obtaining a
written permit from such person as the Town Board may designate.
No permit shall be issued until an application therefor has been
filed by the owner of the property or his duly authorized af;entand the payment of the fee, if any, which the Town Board may from
time to time establish for such purpose. Such application shall
include or be accompanied by a description and plan of the proposedwork end such other pertinent information as may be required by
the Town Board or its duly authorized agent. Such permit shall
be kept at the site of the work and be available for inspection
by any officer of the Town or member of the Town Board or its duly
authorized agent.
(B) Notwithstanding anything hereinbefore contained, the issuance of the permit shall be subject to suchfurther requirements as may be required by fny contractingmunicipality. The Town Board may designate such contracting
municipality as its agent for the purpose of issuing permits.(C) The Town Board or its duly designated agent
may revoke any such permit upon written notification to the
person to whom it was granted if the work is not being done Incompliance with the requirements of this Ordinance and anyapplicable rules and regulations, or if the work is not beingperformed in a competent manner, or if the work is not beingcompleted within a reasonable time after the commencement thereof,or if the work is endangering or may reasonably endanger persons
or property, or upon such other ground as the Town Board or its
duly designated agent may deem to be justifiable.
SECTION 5. Hook-up. Repair and Naintenence.
(A) All interior plumbing installations and the
connection of the building sewer into the "oublic sewer system orany alteration, repair or addition thereto shall be made' in
conformance with the requirements of this Ordinance and of suchrules, regulations and specificatlons as are adopted by the Town
Board, and also of a contracting municipality wherever applicable.
(B) No person shall uncover, make any connectionwith or opening into, or use, alter, lay or repair any'publicsewer or building sewer unless he is a qualified person'as required
tiy regulations of the Town Board which may be hereinafteradopted and by any regulations of any contracting municipality,
wherever applicable.
(0) Conduct of the Work
(1) A written report to the sewer inspectoror other authorized person shall be made by the applicant for a
permit or by any person performing any work in a public or building
sewer within twenty-four (2^-) hours of completion of such connection
or disconnection.
(2) The Town sewer inspector or any otherauthorized person or, in the case of a contracting municipality,the appropriate official thereof, shall be notified when the
building sewer is ready for inspection and connection to thepublic sewer. The connection shall be made under the supervision
of such official or his representative.
(3) All work of laying building sewers andconnections shall be done in such manner and at such time as to
interfere as little as possible with public travel and convenience
and such worn shall be conducted as the appropriate municipal
official may from time to time direct.
(4) All excavations shall be adequately done
and with barricades and lights so as to protect the public from
hazard.
fr 2
n
(5) Streets, sidewalks end other public
property disturbed in the course of the work shell be restored in
a manner satisfactory to the municipality,
(6) The owner of the property on which the
work is being conducted agrees to save and hold harmless the Town
of Ithfca, its employees, agents and officers from any end all
damage, cost and liability which it or they may incur because of
any act or failure to act resulting from any work done by, or
caused to be done by the property owner. Any applicant for s
permit may be required to furnish a sufficient insurance policy
protecting the Town against any liability for injuries to persons
or property or to indemnify the Town against any loss or damage
which it may sustain,
(7) The sewer Inspector or any other authorized
person shall have the power to apoly any proper tests to the pipe
or fitting and the owner, contractor or ot'ner person doing the
work shall furnish all necessary tools and labor for such tests
and shall remove any defective material or repair any work improper
ly done as the sewer inspector shall direct without any expense
to the Town,
SECTION 6. Use of Public Sewers.
(A) No connection shell be permitted to be made
to the Town public sewer system which carries or delivers any
substance or material other than domestic sewage or such industrial
wastes which are specifically approved by the Town Board, Domestic
sewage consists of the solid and liquid waste from toilets, sinks,
laundries, bathtubs, shower baths or equivalent plumbing fixtures.
In addition, the discharge into the Town public sewer system of
any substance prohibited by a contracting municipality, wherever
applicable, shall also be prohibited.
(B) Without limiting the provisions contained in
paragraph(A) above, the following uses are expressly prohibited:
(1) Discharge of any wastes of a toxic,
noxious, or otherwise harmful nature includlnir material hotter than
150°-F,
(2) Discharge of storm water, cistern, or
tank overflow, drainage from roof or cellars, wash rocks, water
motors or the contents of any privy vault or cesspool.
(3) Discharge of effluent from any air
conditioning machine or refrigeration unit unless covered by
special permit,
(^) Discharge of Industrial, commercial,
research or other wastes, v^hen in the opinion of the County board
of Health, such waste would be detrimental to the general health
and welfare or harmful to the system unless such waste has been
properly processed and authorized by special permit,
(5) Grease, oil, sand or other type
interceptors may be required and shall be provided when In the
opinion of the County Board of Health such safeguards are necessary
for the proper handling of harmful Ingredients and the protection
of the oublic sewer system,
SECTION 7. Cost and Collection of Charges,
(A) The property owner shall bear the entire
cost of all connections to the public sewer system from the structure
being connected,
(B) Property owners shall be liable for all
charges assessed incident to the provision and use of a public
sewer system. In default of payment after sixty (60) days, any
such charges, together with a penalty of ten (lO) per cent of
the amount due, shall become a lien on the property and shall be
coliectible in the same manner as unpaid Tov?n taxes, as provided
by subdivision 1 (k) of Section 198 of the Town Law.
(C) Upon the failure of a property owner to
comply with any applicable rules and regulations, the Town, after a
written notice of at least ten ClO) days has been served upon the
property owner, may enter upon the premises end perform all work
necessary to provide an approved connection. The cost Incurred by
the Town for all necessary labor, materials, end other expenses
shall be chargeable to the property owner who shall be presented
with an itemized statement of such cost. Upon defsult of payment
of such cost after sixty (60) days, such cost, together with a
penalty of ten (lO) per cent of the amount due shall become a
lien on the property and shall be collectible in the same manner
as herein above provided for unpaid sewer charges.
n
53
n
(D) Any property ovmer who has connected to and
is using a public sewer system shall be liable for all such
charges, including rental, together with such penalties, computed
from the time any such charge or sewer rental first becomes pay
able c?fter the date of any Fuch connection, if such connection is
made without a permit and without a final inspection having been
made by an authorized person.
SECTION 8. Right to Enter, Any duly authorized employee,
officer or other nerson of the Town of Ithaca or any contracting
municipality v;ith proper credentials and identlfication, shall be
permitted to enter upon any property at reasonable hours for the
purpose of inspecting, testing repairing, dIsconnecting or for
any purpose deemed reasonably necessary to carry out and enforce
the provisions of this Ordinance.
SECTION 9. After a pronerty has been connected to the public
sewer system, the connection to and use of a privately owned sewage
disposal system shall be immediately discontinued,
SECTION 10. Protection from Damage. No persons shall maliciously,
willfully or negligently break, damage, destroy, uncover the face
or tamper with any structure, appurtenance or equipment which is a
part of the sewer works. Any person violating this provision shall
be subject to Immediate arrest under charge of a disorderly conduct.
SECTION 11. Penalties
(A) Any person found to be violating any provision
of this Ordinance except Section lOyshall be served by the Town
with written notice stating the natrue of the violation and pro
viding a reasonable time limit for the satisfactory correction
thereof. The offender shall, within the period of time stated in
such notice, permanently cease all violations.
(B) Any person who shall continue any violation
beyond the time limit hereinabove provided, shall be guilty of a
misdemeanor, and on conviction thereof shall be fined in the amount
not exceeding ^5C0.0p for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
(C) Any person violating any of the provisions
of this Crdinance shall become liable to the Town for any expense,
loss, or damage occasioned the Town by reason of such violation.
SECTION 12. Validity.
(A) All Ordinances or parts of ordinances in
conflict herewith ere hereby repealed,
(B) The invalidity of any section, clause, sentence,
or provision of this ordinance shall not affect the validity of
any other part of this ordinance which can be given effect without
such invalid part or parts.
SECTION 13. This Ordinance shall be in full force and effect
from and after its passage and publication as provided by law.
n