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HomeMy WebLinkAbout1988 .YI• SAMPLE ORDINANCE (OR LOCAL LAW) A LOCAL LAW PROVIDING FOR THE CREATION OF A RECORDS MANAGEMENT PROGRAM BE IT ENACTED, by , as follows: Section 1. Department, Officer. There shall be a records management program established under the aegis of and headed by a Records Management Officer (RMO) . The officer will be responsible for administering the non-current and archival public records and storage areas for the (local government) in accordance with local, state and federal laws and guidelines. (There are numerous choices for placement of the Records Management/Archives Program within the local government structure. One option is to name an existing officer as RMO, such as the county clerk or the director of a central services agency. The wording may also include an option for this officer to appoint a designee.) Section 2. Powers and Duties. The officer shall have all the necessary powers to carry out the efficient administration, determination of value, use, preservation, storage and disposition of the non-current and archival public records kept, filed or received by the offices and departments of the (local government) . (A) The Records Management Officer shall continually survey and examine public records to recommend their classification so as to determine the most suitable methods to be used for the maintaining, storing and servicing of archival material: (1) Obsolete and unnecessary records according to New York State Records Retention and Disposition Schedules thereby subject to disposition; or (2) Information containing administrative, legal, fiscal, research historical or educational value which warrant their permanent retention; or (3) Records not subject to disposition according to State Law. (B) Establish guidelines for proper records management in any department or agency of the (local government) in accordance with local, state and federal laws and guidelines. 2 { (C) Report annually to the chief executive official and the governing body on the powers and duties herein mentioned including, but not limited to, the cost/benefit ratio of programs effectuated by the department. (D) The officer shall operate a Records Management Center for the storage, processing and servicing of all non-current and archival records for all (local government) departments and agencies. (E) The officer shall establish a (local government) Archives and perform the following functions: (1) Advise and assist (local government) Departments in reviewing and selecting material to be transferred to the (local government) Archives for preservation. (2) Continually survey and examine public records to determine the most suitable methods to be used for the creating, maintaining, storing, and servicing of archival materials. (3) Establish and maintain an adequate repository for the proper storage, conservation, processing, and servicing of archival records. (4) Promulgate rules governing public access to and use of records in the archives, subject to the approval of the Records Advisory Board. (5) Develop a confidentiality policy for archival records designated confidential, providing such policy does not conflict with any Federal or State statutes. (6) Provide information services to other (local government) offices. (7) Collect archival materials which are not official (local government) records but which have associational value to the (local government) or a close relationship to the existing archival collection. Such collecting shall be subject to archive space, staff, and cost limitations, and to the potential endangerment of such materials if they are not collected by the Archives. (8) Develop a procedure whereby historically important records are to be identified at the point of generation. Section 3. Records Advisory Board. There shall be a Records Advisory Board designated to work closely with and provide advice to the Records Management Officer. The Board shall consist of -- (There are many options for composition of the board, including the local government counsel, the fiscal officer, the chief executive official, members of the legislative body, agency and department officials, the local historian, a representative of the local historical society and other interested citizens.)— The Board shall meet periodically and have the following duties: 1/1164, 3 (A) Provide advice to the Records Management Officer on the development of the records management program; (B) Review the performance of the program on an ongoing basis and propose changes and improvements; (C) Review retention periods proposed by the Records Management Office for records not covered by State Archives' schedules; (D) Provide advice on the appraisal of records for archival value and to be the final sign-off entity as to what is or is not archival. Section 4. Custody. (A) A (local government) department is the legal custodian of its records and shall retain custody of records deposited in the Records Center. Records transferred to or acquired by the Archives shall be under the custody and control of the Archives rather than the department which created or held them immediately prior to being transferred to the Archives. (B) Records shall be transferred to the Archives upon the recommendation of the RMO, with the approval of the head of the department which has custody of the records and the approval of the Records Advisory Board. (C) Records may be permanently removed from the Archives at the request of the RMO or the head of the department which had custody of the records immediately prior to the transfer of those records to the Archives, subject to the approval of the Records Advisory Board. Section 5. Replevin. The Legal Department may take steps to recover local government records which have been alienated from proper custody, and may, when necessary, institute actions of replevin. Section 6. Disposal of Records. No records shall be destroyed or otherwise disposed of by a department of the (local government) unless approval has been obtained from the Records Management Officer. No records shall be destroyed or otherwise disposed of by the Records Management Officer without the express written consent of the department head having authority. Section 7. Definitions. (A) "Archives" means those official records which have been determined by the Officer and Advisory Committee to have sufficient historical or other value to warrant their continued preservation by the local government. (B) "Records" means any documents, books, papers, photographs, sound recordings, microforms, or any other materials, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official (local government) business. Jill! j . 4 (C) "Records management" means the planning, controlling, directing, oLydnizing, training, promotion and other managerial use and records disposition, including, records preservation, records disposal and records centers or other storage facilities. (D) "Records disposition" means: (1) the removal by the (local government) , in accordance with approved records control schedules, of records no longer necessary for the conduct of business by such agency through removal methods which may include: (i) the disposal of temporary records by destruction or donation; or (ii) the transfer of records to the Record Center/Archives for temporary storage of inactive records and permanent storage of records determined to have historical or other sufficient value warranting continued preservation; and (2) The transfer of records from one (local government) agency to any other (local government) agency. (E) "Records center" means an establishment maintained by the (local government) primarily for the storage, servicing, security and processing of records which must be preserved for varying periods of time and need not be retained in office equipment or space. (F) "Servicing" means making information in records available to any (local government) agency for official use or to the public. Section 8. This Local (Ordinance or Law) shall take effect immediately upon adop ion. LIJ N E CD m L "C' O C/ ap E o cc c O CC ' srp (N- 4— H W N — N H ° U N C3 O, N } pO Q W. � N E -0 3 O } Q V C/� p _ ,0o Zca • ® O ( cn U C,- ( O c r1 O w •°° p NO O -00O = W = 0 co - ° CO ' ® N = O ~ Z c `0 O 0a O � La c3 o ® J t0 ' CII, '.= • • • II co South Central New York RC&D AREA 9 Maple Street Norwich, New York 13815 coTRAL ss`'(--' — 41-4. ; y r F 0a cO,,F /�v A�ATION b _) C/� O 4E _Z) ,� Q CO co 4) o E "o � o o o 2 O E M in -q c c co a) a a) o W (V) i 3 o W 0000Ds � � � O o — o > LJ.1 o � tviga ' W M = ° z � � as z N = 2Ea) } ° OO° U OWO I 0 0 *al '5 t } +- ,- - N } ~ o as a) `m D Z ^ a � z o > 0 ° TS o O Oo o — E CV E w 2 , ^ o` E .o 200 -p � •Q o � �' � a�i ov � o pry a) a o ai H O � 0 - v a Xv < N = >' C "Q O C : J 1 Q 0 t ac''" Q O N O ^ � to O � a) O +' a) - ci LJJ o -c O m '0 O - -o C C Q E U o 45 CC Q O O O 0 c O o N O O O O O "_ C "C "_ a Ca O co Z O L� cn o' .O O0w O a so ii SO I� 'O E UUO N .a) to C QO � > Qo ? 09- _ • * * *Ca._ � 3QwOw = 6- * * * * * * 0 • • cn • • • K • • • * * 3 D N K 3 Z E , m ° n =' n2m () cw I I K � Rm -Q0 c Ov � ao Q CD - m 0 0 -I Q c= C O Q 0 mi OC O O C c0 = 3 CD - � N 3 D < 0 0 0 - cQ x- o m c 0 ° a m N � o Z , o Q o Z '� � 3 mcQ Q ,.,, mc� 3 , oc� K N0CDCDu oc� aaco ° (D (D 5a N (D Q (D N O N CT (D N O Ii(D C Z 7 m O CD O eo s - � o cp OcpCy O N -N o N o TI O Q Q 3- CTQ Q O (D (� Q Cr) �"� N n o CD D O ni N O C D O m O (D (D CD CD Q N cN Q a p W p u' O p 0 a -' rr C 0 O (y�D m 0 CD p •V 0 a a o C2 iii 73 CD o a Z c CD D r m c cap * * * * * * 5 < C cn N y y y m m 73 n K > T> (0 Zn 70 C 0 F > � Z0 o Q 0 � � CZn N < m 0m 0 Z (7 m -I n a- C 7. p ^� al C Ni co 0 3 - D > cn y M Z 0 CD r ---1 a H N 0 Z cn mm p * Z N cn 8 9 G/) 3 m 0 NQ (D N 3 O O O co O O 3- C Q O 5 D X � D go m > n easy aT c+ Cr a � o � � < oo < 0mQ. < 0000 < � 0 p��1 Q O 0 0 0 (D - - CD — CD CD O N 0. - 00. - <CD 0 CD V n -BCD (0 m ° Q- D m ?- < 5 Q: < < m m Q < N m q H Q (D ° N a N N CD ~` N 5 CD CD N .(0 CD o N O o - a (I) N 0 O CD Q , 30 a CD . -o CD = 'I Q y ng, co p = CD (TOM N OM � � r ° m FN5NN � R1 = . a- Q 3 0 Z. Q o Z. ; -- < � � ; m < , - M 9 ° a D QQ m a - 5 ° ° 5 oO ° Q5 Boa QQ W Q 0 O a N D aN p o co 7 N p Q ° CT`Q T cD 3 0 0 D -, 3 m a Q D D C m 3 � o a 5Qa m � DO 3a aQ � CDQ � � o c Q a m m CO - -. -' c m o 0 � c� o �, a r7°I - (-1), O 0 0 N n n a CD ni- 0 D Q T Q o Q CAD0 QCD ma o O — m a) O O Q (0 -0 < < N = 0 CD 3n CO (D N CD CD -+ CD - 5 0 m m m CO a-2 Q -- (Q o 7:3 .v .v o _- Q -0 CD N CD 0 O CD CQ a O Q —. N cD a Q a o Q Q (Q Q < ,ccn Q O C 0 0 O cn N (D a CD N o 0 O D D C O ° CD N Q (D 3 0 m 3 o a Q cD o C N 0 CQ 0 ? 5 N N N 6 CENTRAL J�� N� 9 Maple Street � Norwich, New York 13815 rj0 O (607) 334-4715 m _ COUNTIES OF 0 _ Z Broome Delaware Schoharie C , W Chenango Madison Tioga � Cortland Otsego Tompkins 0 tt\ 0 Onondaga Sullivan v OO�s O�J� FR1/ATION December 16, 1988 Dear Town Clerk: As the town clerk we believe you can be the most effective local individual to help spread the word about an RC&D project that should be of interest and value to many of the area residents and landowners. RC&D is a non-profit, locally organized and directed program aided with Federal assistance. The objectives of RC&D are to encourage and develop proper uses of our natural resources through wise conservation practices. RC&D is involved in many types of programs such as critical area treatment, no-till farming, pasture improvement, improved livestock and forestry. RC&D is local people meeting and working together to address resource problems and opportunities. RC&D TREE is the name of our forest and wood products marketing information network project. Serving as a good infor- mation source, we can bring many benefits to the individuals, and local and regional economies. Would you please share these pamphlets with your col- leagues and associates, notifying the town board of available services and posting a pamphlet for the public to see. If you'd like or could use more pamphlets, please call. We'd be glad to send more and address any questions you or your colleagues may have. Thank you. Sincerely, Richard G. Pancoe RC&D Forester RGP:mmw Enc. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law of the State of New York a public hearing will be held by the Town Board of the Town of Danby, Tompkins County, New York, at the Danby Town Hall , 1830 Danby Road, in the Town of Danby, on the day of , 198 , at p.m. for the purpose of considering the adoption of a local law as follows : That no action or special proceeding be brought against the Town of Danby, officers, agents, employees, or appointees thereof relating to a defect or defective condition of any Town road, street, highway, sidewalk, or other Town owned, leased, or controlled property, including snow or ice thereon, unless prior written notice shall have first been given .to the Town of Danby specifying such defect or defective condition and the place of same and also providing for record keeping of such notices and conditions by the Town Clerk. Dated: Town of Danby, New York December , 1988 Joan Babbitt, Town Clerk Town of Danby LIABILITY OF THE TOWN OF DANBY, TOWN SUPERINTENDENT OF HIGHWAYS, OTHER OFFICER, AGENT, EMPLOYEE, OR APPOINTEE OF THE TOWN OF DANBY 1 . No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out-of-repair, dangerous, or obstructed condition, including the existence of snow, ice, loose gravel , or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads , highways, sidewalks, bridges, lands , culverts, sluices, street or traffic control signs, poles , standards, gravel pits , driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools or ponds, wading pools, pavilions, water lines, sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of . 2 . Such written notice shall contain the name and address of the person giving such notice, condition complained of , and date of existence thereof . V3 . The Town of Danby Superintendent of Highways, other uAk'f officer, agent, employee, or appointee of the Town of Danby r shall transmit in writing to the Town of Danby Clerk within ten days after receipt thereof all written notices received by said Town Clerk pursuant thereto. 4 . Record-keeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in Section 65-a of the Town Law of the State of New York, as amended from time to time or other statutes amendatory thereto. 5 . Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby. 6 . Nothing herein shall be deemed in any way to alter or amend the time limitations nor service requirements of Sections 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended. 7 . If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof , but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section, rule, or part thereof directly involved in the controversy in which such judgment shall have been rendered. LOCAL LAW NO. 3 OF THE YEAR 1988 A local law providing for written notification of defects and obstructions of town highways, sidewalks, and other town owned, leased, or otherwise controlled property. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY: SECTION 1 . No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out-of-repair, dangerous, or obstructed condition, including the existence of snow, ice, loose gravel , or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads, highways, sidewalks, bridges, lands, culverts, sluices, street or traffic control signs, poles, standards, gravel pits, driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools or ponds, wading pools, pavilions, water lines, sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways at least 24 hours previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of . SECTION 2. Such written notice shall contain the name and address of the person giving such notice, condition complained of, and date of existence thereof . SECTION 3. The Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby shall transmit to the Town of Danby Clerk within ten days of its receipt any such notice received by them pursuant to this local law. SECTION 4 . Record-keeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in Section 65-a of the Town Law of the State of New York, as amended from time to time or other statutes amendatory thereto. SECTION 5 . Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby. SECTION 6 . Nothing herein shall be deemed in any way to alter or amend the time limitations nor service requirements of Sections 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended. SECTION 7 . If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section, rule, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8 . This local law supersedes Local Law No. 1 of the Year 1977 , and shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. LOCAL LAW NO.-5 OF THE YEAR 1988 A local law providing for written notification of defects and obstructions of town highways, sidewalks, and other town owned, leased, or otherwise controlled property. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY: SECTION 1 . No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out-of-repair, dangerous, or obstructed condition, including the existence of snow, ice, loose gravel , or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads , highways , sidewalks, bridges, lands, culverts, sluices, street or traffic control signs, poles, standards, gravel pits , driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains, parks, playgrounds, recreation areas, tennis courts, swimming pools or ponds, wading pools, pavilions, water lines, sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways at least 24 hours previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of . SECTION 2 . Such written notice shall contain the name and address of the person giving such notice, condition complained of , and date of existence thereof . SECTION 3. The Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby shall transmit to the Town of Danby Clerk within ten days of its receipt any such notice received by them pursuant to this local law. SECTION 4 . Record-keeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in Section 65-a of the Town Law of the State of New York, as amended from tim4 to time or other statutes amendatory thereto. Ir ^e ; . SECTION 5 . Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby. SECTION 6 . Nothing herein shall be deemed in any way to alter or amend the time limitations nor service requirements of Sections 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended. SECTION 7 . If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section, rule, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8 . This local law supersedes Local Law No. 1 of the Year 1977 , and shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. 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N m — Ct c, =N W-8 co a) O co w ca').—`n' ca W 0 = = c.i 5 vi E E A v K )ci 2 La • P 867 842 498 RECEIPT FOR CERTIFIED MAIL NO INSORANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) S tto (20-fry? l�,) ' 1� Stf,eet and'NO,c L2 ' c7'�CG�.(�,C�q P.O.. t to an / d Postage S Certified Fee es Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered rn co Return Receipt showing to whom. Date,and Address • *- ery TOTAL Post. co co Postmark .�i1e yam LL 1989 1 • o § (I-99 - so;§ 0 ' ®\G _ §f■ 0 a) CD §»� - ) 7 §§ k _ cu . kZ a §7I 1—so- a® E@/ / -} = 7 §■ 2 ° °`as\) {} {/\ / / // �) -- - _ 00 /§ \\ \\ \}\ \\ .0 \ �§ \_ U . _ co)aa as§� 7f .0 {§\ -Li _ )f f/ _ _ . 2W f« ( CO \ _ : /B $ /■ / _ > - \E° 0 - - _) + 2 ® . { k 22{ \ 2\�/ 9G 2 — _\§. /_CC j � \_E \ \\]} ¥■ � 2 \i j • Date 2/15/89 Local Law(s)No. 3 Year 1988 Municipality Town of Danby Please be advised that the above-referenced material was received and filed by this office on 7/1 /89_ Additional forms for filing local laws with this office will be forwarded upon request. P ( NYS Department of State Bureau of State Records 383602-004(4187) NYS Department of State IL_- •: Bureau of State Records BAH P` 1-fir- i.: 162 Washington Avenue - _/ 1 B.S.110STAGf Albany, NY 12231-0001 FEB 15'89 ✓-. '� _ P.B.MEtEh' ~�yl Joan Babbitt Town Clerk 1830 Danby Road Ithaca, NY 14850 LOCAL LAW NO. 3 OF THE YEAR 1988 A local law providing for written notification of defects and obstructions of town highways , sidewalks , and other town owned, leased, or otherwise controlled property. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY: SECTION 1 . No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out-of-repair, dangerous , or obstructed condition, including the existence of snow, ice, loose gravel , or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads , highways, sidewalks, bridges, lands, culverts, sluices, street or traffic control signs, poles , standards, gravel pits , driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains , parks, playgrounds , recreation areas, tennis courts, swimming pools or ponds, wading pools , pavilions, water lines , sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways at least 24 hours previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of . SECTION 2, Such written notice shall contain the name and address of the person giving such notice, condition complained of , and date of existence thereof . SECTION 3. The Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby shall transmit to the Town of Danby Clerk within ten days of its receipt any such notice received by them pursuant to this local law. SECTION 4 . Record-keeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in Section 65-a of the Town Law of the State of New York, as amended from timia to time or other statutes amendatory thereto. SECTION 5 . Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby. SECTION 6 . Nothing herein shall be deemed in any way to alter or amend the time limitations nor service requirements of Sections 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended. SECTION 7 . If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof , but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section, rule, or part thereof • directly involved in the controversy in which such judgment shall have been rendered. SECTION 8 . This local law supersedes Local Law No. 1 of the Year 1977 , and shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. • (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. eXOWty CitY of DANBY Town AitYaei Local Law No. 3 of the year 19 88 REQUIRING WRITTEN PRIOR NOTICE OF DEFECTS AND OBSTRUCTIONS A local law OF TOWN PROPERTY (lmerttitle) Be it enacted by the TOWN BOARD of the (Name et Legislative Beds) XedWittX of DANBY, TOMPKINS COUNTY as follows: ' ec (If additional s•ace is needed 'lease attach sheets of the same size as this and number each) Page 1 LOCAL LAW NO. 3 OF THE YEAR 1988 A local law providing for written notification of defects and obstructions of town highways, sidewalks, and other town owned, leased, or otherwise controlled property. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY: SECTION 1 . No action or special proceeding shall be prosecuted or maintained against the Town of Danby, the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for personal injury, wrongful death, or damage to real or personal property alleged to have been sustained by reason of the negligence or wrongful act of such Town of Danby or the Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby for the defective, unsafe, out-of-repair, dangerous , or obstructed condition, including the existence of snow, ice, loose gravel , or other foreign substance thereon, of any Town owned, leased, or otherwise controlled property of any kind, including but not limited to streets, roads, highways , sidewalks , bridges, lands, culverts, sluices, street or traffic control signs, poles, standards, gravel pits, driveways, building and other structures, equipment, disposal sites, streams or bodies of water, drains , parks, playgrounds, recreation areas , tennis courts, swimming pools or ponds, wading pools, pavilions , water lines, sewer lines and utilities either aboveground or underground, unless written notice thereof was actually given to the Town of Danby Clerk or Town of Danby Superintendent of Highways at least 24 hours previously thereto and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove such condition complained of . SECTION 2 . Such written notice shall contain the name and address of the person giving such notice, condition complained of , and date of existence thereof . SECTION 3 . The Town of Danby Superintendent of Highways, other officer, agent, employee, or appointee of the Town of Danby shall transmit to the Town of Danby Clerk within ten days of its receipt any such notice received by them pursuant to this local law. SECTION 4 . Record-keeping requirements pertaining to such notices, including preservation of the notices, shall be as set forth in Section 65-a of the Town Law of the State of New York, as amended from tim6 to time or other statutes amendatory thereto. . - SECTION 5 . Nothing herein shall be construed as enlarging in any way the liability of the Town of Danby, the Town of Danby Superintendent of Highways , other officer, agent, employee, or appointee of the Town of Danby. SECTION 6 . Nothing herein shall be deemed in any way to alter or amend the time limitations nor service requirements of Sections 50-e through 50-i of the General Municipal Law of the State of New York as the same now exists or may be hereafter amended. SECTION 7 . If any clause, sentence, phrase, paragraph, subdivision, section, rule, or part of this local law shall be adjudged by any court or agency of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof , but shall be confined in its operation to the clause, sentence, phrase, paragraph, subdivision, section, rule, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 8 . This local law supersedes Local Law No. 1 of the Year 1977 , and shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3 of 19.21 of the of D A was duly passed by the � W� Da 1,--c-()Town (Name of Legislative Body) on �cc 9e v- 07 1 q 193.8' in accordance with the applicable provisions of law. 2. (Passage by : .1 legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after i-: • 'roval.) I hereby certify that the • al law annexed hereto, designated as local law No. of 19 County of the Town of was duly pass ,- the (Name of Legislative Body) Village not disapproved on 19 and was approved a .- repassed after disapproval ective Chief Executive Officer and was deemed duly adopted on 19 , in accordance wi • the applicable provisions of law. 3. (Final adoption by refet-s4dum.) 1 hereby certify that t - •cal law annexed hereto, designated as local law No. of 19 County of the City of was du assed by the Own (Name of Legislative Body) Village not disapprov- • on 19 and was approved by the - - repassed after disappra .l Elective Chief_4,xecutive Officer * - on 19 . Such local law was sub • ed to the people by reason of a mandatory permissive referendum,and received the affirmative vote of a majority of the •t al.ified electors voting -general thereon at the special election held on 19 , in accordance h the appli- annual cable provisions of law. 4. (Subject to permi -sjve referendum,and final adoption because no valid petition filed requesting referendum.) 1 hereby certify that the a al law annexed hereto, designated as local law No. of 19 County of the City of was duly . ssed by the on Town (Name of Legislative Body) Village not disapprov- 19 and was approved by the on repassed after disappro • Elective Chief Executive Officer* 19 . Such local law being subject permissive referendum and no valid petition requesting such referendum having been filed, said local law ' • deemed duly adopted on 19 , in accordance with the applicable prov•,'ons of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 5. (City local law concerning Char e'ision proposed by petition.) I hereby certif, thaL th,. log. -xed hereto, de.f,ignated as local law No. of 19 of the City of %ing been submitted to referendum pursuant to the provisions of § 37 of tilt ��iunicipal li,:ine Rule Law,and },avin • .ceived the affirmative vote of'a majority of the qualified electors of such city voting thereon at the seeeial electio seld on general 19 became operative. 6. (County local law concerning adop i n of Charter.) I hereby certify that the local law iexecl hereto, designated as Local Law No. of 19...... of the County of , State o \`ew York, having been submitted to the Electors at the General Election of November , 19 , pur nt to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative to of a majority of the qualified electors of the cities of said county as a unit and of a majority of the du• ' led electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followp1ease provide an appropriate certification.) ger I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. &44.4e. Clerk of County legislative body,City,Town or Village Clerk or officer designated by local legislative body Date: a.4.a� 024, ("Seal) • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. ?4A4k__-a./A_ Signature ATTORNEY FOR THE TOWN OF DANBY Title -A'4()L -R y -co 198 9 y Date: nrO,�, E. ,, , . 8 -C4tr of Town 6 Page,5"-- ' Jt „to)) , P 7 11 LOCAL LAW NO. OF THE YEAR 19:x', SECTION 1 . Title. This local law shall be entitled "Additional Fees for the Licensing of Dogs in the Town of Danby. " SECTION 2. Purpose. The purpose of this local law is to authorize, as provided in Subdivision (4 ) (a) of Section 110 of the New York State Agriculture and Markets Law, the collection of license fees in addition to those set by Subdivisions ( 1 ) and ( 2) of Section 110 of the New York State Agriculture and Markets Law, which additional fees shall become the property of the Town of Danby upon collection thereof . SECTION 3 . Additional fees . ( a) The annual additional fee for each spayed or neutered jp dog shall be Sm?..s0 making the total annual license fee for such dogs $ 5-z70 (b) The annual additional fee for each unspayed or 16' unneutered dog shall be $ S. o0 making the total annual license fee for such dogs $ iol .. o (c) The annual additional fee for each purebred license issued shall be $/O, 00 more than the license fee collected pursuant to Subdivisions ( 2) (a) , (b) , or (c) of Section 110 of the New York State Agriculture and Markets Law. SECTION 4 . Use of Additional Fees . The additional fees collected pursuant to this local law shell be used only for controlling dogs and enforcing Article 7 of the New York State Agriculture and Markets Law and any rule, regulation, or local law adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under Section 117 of the said Article 7 used therefor, and subsidizing public humane education programs in responsible dog ownership. SECTION 5 . Effective Date. This local law supersedes any prior local laws doing away with such local fees and shall take effect immediately upon its filing in the office of'the Secretary of State in accordance with the provisions of section 27 of the Municipal Home Rule Law. 5/11/88 Local Law(s)No. 2 Year ear Municipality Town of Danby Please be advised that the above-referenced material was received and filed by this office on Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(4/87) NYS Department of State Bureau of State Records PLBA.yr �� 162 Washington Avenue i U $.POSTAGE • Albany, NY 12231-0001 MA, 1 3'88 0 .65 ear.ail - <; P.9.MET EN Joan Bab • 6127156 I I:. Town Clerk sTdwn of Danby 1830 Danby Road Ithaca, NY 14850 (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Y/ OjdMr/ of 4,An.4i1 Town Local Law No, 2 of the year 19 88 A local law FLOOD DAMAGE PRA;VUTEM (Insert title) as authorized by the New York State Constitution,'.Art.cle:-1X, Section 2, and Environmental Conservation Law, Article 36. Be it enacted by the Town Board of the (Name d Legislative Body) // of Danb9, Tompkins Count:U as follows: Town Viliege • • (If additional sace is needed, pis needed, please attach sheets of the same size as this and number each) Page 1 (FOLLOWING COMPLIES WITH. NATIONAL FLOOD INSURANCE PROGRAM FLOOD PLAIN MANAGEMENT CRITERIA FOR FLOOD-PRONE AREAS (44 CFR 60.3[b] & [c]) AS REVISED 10/1/86) ' FLOOD DAMAGE PREVENTION LOCAL LAW SECTION 1:0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Danby finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town Of Danbu and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publically 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 cf 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 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 Roney for costly flood control projects; (3) to minimize the need for rescue and relief efforts asso- ciated 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; 2 • (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 or VO Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "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-99, V, VO, VE, or V1-30. It is also commonly referred to as the base floodplain or 100-year floodplain. • "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. • "Basement" means that portion of a building having its floor subgrade - (below ground level) on all sides. • "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. . "Building" means any structure built for support, shelter, or enclosure' for occupancy or storage. "Cellar" - has the same meaning as "Basement". "Coastal high hazard area" means the area subject to high velocity waters including, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone Vi - 30, VE, VO or V. "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 located within the area of special flood hazard. "Elevated building" means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) , or shear walls. "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; 3 • • • (2) the unusual and rapid accumulation or runoff of surface waters from any source. , 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 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 defined but no water surface elevation data is 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" is the official report provided by the Federal • Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevations of the base flood. • • "Flood proofing" 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". "Floor" means the top surface of an enclosed area in a building (including basement) , i.e. , top of slab in concrete slab construction or top of wood flooring in wood frame construction. "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. The term does not include long-term storage, manufacture, 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. "Lowest Floor" means lowest level including basement or cellar of the lowest enclosed area. An .unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement or cellar 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 hone" 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 also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. "Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 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". 4 • "National Geodetic Vertical Datum (NGVD) " as corrected in 1929 is a vertical control used as a reference for establishing elevations within the flood plain. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this Local Law. "Principally Above Ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. - "100-year Flood" - has the same meaning as "Base Flood." "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 4.3-2 of this Law. "Sand dunes" means naturally occurring accumulations'of sand in ridges or mounds landward of the beach. "Start of construction" means the initiation, excluding planning and design, of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds) , storage trailers, and building materials. "Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally 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, excluding land values, 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 "substantial improvement" is considered to commence 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 building, fire, health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure or contributing 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 local law which permits construction or use in a manner that would otherwise be prohibited by this local law. • 5 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 hazards within the jurisdiction of Town of Danby • 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD (1) The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering ., report entitled "The Flood Insurance Study for the Town of Danby , of Tompkins County, New York", dated , 19 , with accompanying Flood Insurance Rate Maps is hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and FIRM are on file at The Danby Town Ha11, 1830 Danby Road, (OR) (2) The areas of special flood hazard identified by the Federal Insurance Administration on its Flood Hazard Boundary Map (FHBM) , or Flood Insurance Rate Map (FIRM) No. 01-06 dated hay 15. 1985 is hereby adopted and declared to be a part of this Local Law. The FHBM or FIRM is on file at The Danby Town Hall, 3830 Danby Road • 3.3 INTERPRETATION, CONFLICT WITH OTHER LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986 and shall supercede all previous laws adopted for•the purpose of establishing and maintaining eligibility for flood insurance. 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. 3.4 SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. 3.5 PENALTIES FOR NON-COMPLIANCE No structure shall hereafter be constructed, located, extended, • converted, or altered and no land shall be excavated or filled without full compliance 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 Danby • 6 • 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 noncompliant and • notification sent to the Federal Emergency Management Agency. 3.6 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 he 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 Danby , any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. SECTION 4.0 • ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR ' The Zoning Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. 4.2 ESTABLISHMENT OF DEVELOPMENT PERMIT • A Development Permit shall be obtained before the start of construction or any other development within the area of special flood hazard as established in Section 3.2. Applica- tion for a Development 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. 4.2-1 APPLICATION STAGE. • The following information is required where applicable: (a) Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures; (b) Elevation in relation to mean sea level to which any non- residential structure will be flood-proofed; (c) When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Section 5.1-3(1) ; (d) Certificate from a licensed professional engineer or architect that the non-residential flood-proofed structure will meet the flood-proofing criteria in • Section 5.2-2; and (e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. • 7 • 4.2-2 CONSTRUCTION STAGE. Upon placement of the lowest floor, or flood-proofing by, whatever means, it shall be the duty of the permit holder to submit to the Local Administrator a certificate of the as-built elevation of the lowest floor, or flood-proofed elevation, in relation to mean sea level. The elevation . certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, the flood proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. Any further work undertaken prior to submission and approval of the certificate 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. 4.3 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to: 4.3-1 PERMIT APPLICATION REVIEW (1) Review all development permit applications to determine that the requirements of this local law have been satisfied. • (2) Review all development permit applications to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all •development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this local law, "adversely affects" means physical damage to . adjacent properties. A hydraulic engineering study may be required of the applicant for this purpose. (i) If there is no adverse effect, then the permit shall be granted consistent with the provisions of this local law. (ii) If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (4) Review all development permits for compliance with the provisions of Section 5.1-5, Encroachments. 4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Local Administrator shall obtain, review and. reasonably utilize any base flood elevation and floodway data available fran a Federal, State or other source, including data developed pursuant to Section 5.1-4(4) in order to administer Section 5.2, SPECIFIC STANDARDS and Section 5.3 FLOODWAYS. • 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 or cellar of all new or substantially improved 8 structures, and whether or not the structure contains a basement or cellar. (2) ' For all new or substantially improved floodproofed structures: (i) obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed; and (ii) maintain the floodproofing certifications required in Sections 5.1 and 5.2. (3) Maintain for public inspection all records pertaining to the provisions of this local law including variances, when granted, and Certificates of Compliance. ' 4.3-4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to anv . alteration or relocation of a watercourse, and submit evidence of such notification to the Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, NY 10278. • (2) Require that maintenance is provided within the altered • or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATION OF FHBM, FIRM OR FBFM BOUNDARIES The Local Administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions. Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-2, when available, shall be used to accurately delineate the area of special flood hazards. The Local Administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available. 4.3-6 STOP WORK ORDERS (1) All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop work order by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. (2) All floodplain development found noncompliant with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order by the Local Administrator. Disregard of a stop work order shall be subject to the penalties described in Section 3.5 of this Local Law. 4.3-7 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 that the development is in compliance with the requirements of this Local Law. 9 4.3-8 CERTIFICATE OF COMPLIANCE (1) It shall be unlawful to use or 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 either the Development Permit or the approved variance. (2) All other development occurring within the area of special flood hazard will have upon completion a Certificate of Compliance issued by the Local Administrator. All certificates shall be based upon the inspections, conducted subject to Section 4.3-7 and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. 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 structure. (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. • Manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the- top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 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. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water • from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required. (2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 10 • (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood • waters. (4) On-site waste disposal systems shall be located to avoid impairment 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 facilities such as sewer, aas, electrical, and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres. 5.1-5 ENCROACHMENTS (1) All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be anal""zed to determine the effects on the flood carrying capacity of the area of special flood hazards set forth in section 4.3-1(3) , Permit Review. This may require the submission of additional technical data to assist in the ' determination. (2) In all areas of special flood hazard in which base flood elevation data is available pursuant to Section 4.3-2 or Section 5.1-4(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. (3) In all areas of the special flood hazard where floodway data is provided or available pursuant to Section 4.3-2, the requirements of Section 5.3 FLOODP1AYS, shall apply. 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in Section 3.2(1) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION • New construction and substantial improvements of any resident structure shall: (1) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation. 11 • (2) Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. ' Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (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; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and • (iii)openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of. floodwaters. 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvements of any commercial, industrial or other non-residential structure, together with attendant utility and sanitary facilities, shall either: have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or be floodproofed to the base flood level. (1) If the structure is to be. elevated, fully enclosed areas below the base flood elevation shall be • designed to automatically (without human interven- tion) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (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; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (iii)openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. (2) If the structure is to be floodproofed: (i) a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (ii) a licensed professional engineer or licensed land • surveyor shall certify the specific elevation (in 12 relation to mean sea level) to which the structure is floodproofed. The Local Administratorshall maintain on record a copy of all such certificates noted in this section. 5.2-3 CONSTRUCTION STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARDS WITHOUT BASE FLOOD ELEVATIONS (1) New construction or substantial improvements of structures including manufactured homes shall have the lowest floor (including basement) elevated at least 2 feet above the highest adjacent grade next to the proposed foundation of the structure. (2) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing , hydrostatic flood forces on exterior walls. Designs • for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria: (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; (ii) the bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade; and (iii)openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. 5.3 FLOODWAYS • ' Located within areas of special flood hazard are areas designated as floodways (see definition, Section 2.0) . The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by Section 4.3-2, all encroachments including fill, new construction, substantial improvements, and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Zoning Board of Appeals as established by Town of Danbi shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Anard of Appeals 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 znning Hoard of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. 13 . • (4) In passing upon such applications, the Zoning Board of Appeals 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; (viii) the relationship of the proposed use to the comprehensive plan and flood plain 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 Zoning Board of Appeals 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 item (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. 14 (2) Variances may be issued for the reconstruction, rehabili- tation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this local law. (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 this Section are met; (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats 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: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the • applicant; and (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 that the cost of' flood insurance will be commensurate with the increased risk. Be it enacted this 26th. day of April , 1988 by the Town Board Of ' The Town of Danby of Tompkins County, New York, to be effective immediatelu Fredric Dietrich, Supervisor • Mary Oltz, Councilperson Julia Tagliavento, Councilperson j& SEAL 41, ���� A IJ ST. Danby Town CLERK 15 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the _:'mattetaherein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 1988 of the glW/r'of Danby was duly passed by the Town Board Town (Name of Legislative Body) on Apri2 26, 1988 in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer ,' or repassage after disapproval.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 County of the Toy of was duly passed by the Vella• . (Name of Legislative Ilody) not disapproved on 19 and was approved by the repassed after disapproval Elective Chief Executive t)(ficcr * and was deemed duly adopted on 19 , in accordance with the applicable provisions of law. 3. (Final adoption by referendum. I hereby certify that the lo +1 law annexed hereto, designated as local law No. of 19 County of the City of wa, duly passed by the Town Village (Name of Legislative lfody) not ,isapproved _ • on 19 and was a )roved by the reprise. after disapproval Eic,htve i Chief Executive Officer * on 19 . Such .cal law was submitted to the people by reason of a mandatory permissive referendum,and received the affirmative vo of a majority of the• qualified electors voting general thereon at the special election held on 19 , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum ,and final adoption because no\valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 County of the City of was duly passed by the oll Town (Name of Legislative E�ody) Village not disapproved 19 • ,an was approved by the on repassed after disapproval Elective. Chief E:xecutive`Officer 19 . Such local law being subject to a permissive referenduln all.? na,t valid petition requesting such referendum having been filed, said local law was deemed duly adopted on 19 , in accordance with the applicable provisions of law. • *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 16 • • 5 . (City local law, concerning Charter re•.ision proposed by petition.) • • I hereby certify that thi.!lo;.al law,.:.ucxed hereto, de5,ignated as local law No. of 19 of the City of 'i ie inn been submitted to referee em pursuant to the provisions of § 37 of t;i .'�;unic ipr,l li_,uie Rule Law,and laving received the affiri tine vote of a majority special of the qualified electors of such city voting thereon at the general election eld on 19 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, de. onated as Local Law No. of 19...... of the County of , State of New Yore, having been submitted to the Electors at the • General Election of November , 19 , pursuit to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affir ativ■ vote of a majority of the qualified electors of the cities of said county as a unit and of a major' of the qualified electors of the towns of said county considered as a unit voting at said general elec • n, became operative. (If any other authorized form of final;adoption has been followed, please provide an appropriate certification.) ger I further certify that I have,eornpared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 -- 'above. Cle if the County legislative body,City,Town or Village Clerk or officer designated by local legislative body Date: April 28, 1988 (Seal) • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF Tompk,in. • 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all "'proper proceedings have been had or taken for the enactment of the local law annexed hereto. • Signature .Attornet4 Title O Date: April 28, 1988 C' ry Y:/ of Danby Town XiAaRe Page 17 3/23/88 Local Law(s) No. 1 Year 1988 Municipality Town of Danby Please be advised that the above-referenced material was received and filed by this office on__3/21/88 Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(4/87) NYS Department of•State Bureau of State Records BAN mC ,,r' IQi 162 Washington Avenue - >„ V o Pt,;iAC Albany, NY 12231-0001 MAR24'88 70 al ar • N.Y. . P.. mf'ik 0115223 r Joan Babbitt Town Clerk . Town of Danby 1830 Danby Road Ithaca, NY 14850 il1:ii:= • yr (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ��t7c Elk/ of DANBY Town Local Law No 1 of the year 19 88 A local law A LOCAL LAW AMENDING THE TOWN OF DANBY LOCAL LAW REGULATING THE (insert title) MAINTENANCE OF REAL PROPERTY IN THE TOWN OF DANBY, LOCAL LAW NO. 1 OF THE YEAR 1987, BY AUTHORIZING THE ZONING OFFICER OF THE TOWN OF DANBY INSTEAD OF THE TOWN JUSTICES TO ISSUE APPEARANCE TICKETS REQUIRING A PERSON IN VIOLATION OF THE SAID LOCAL LAW TO APPEAR IN COURT. Be it enacted by the TOWN BOARL of the Mime of Legislative Body) Camay C)&XX of DANBY as follows: Town Vary PURPOSE: This local law is intended to technically amend and supersede Section 4(a) (iii ) of Local Law No. { of the year 1987 , which provides for the issuance of appearance tickets by the Town Justices, which is not allowed by law, by substituting the following paragraph in its place, which authorizes the Zoning Officer to issue appearance tickets requiring persons violating the said Local Law to appear in court. Section 4 . .NFORCEMENT. (a) Zoning Officer Procedure. The Zoning Officer of the Town of Danby is hereby authorized to enforce the provisions of this Law. The title "Zoning Officer" shall include any assistant Zoning Officer that may be appointed by the Town Board. (iii ) If the owner of the real property or other person charged with the maintenance .of the property fails to terminate or correct the violation in the time provided, the Zoning Officer shall file a written complaint, signed by the complaining party if other than the Zoning Officer, with a Town Justice specifying the conditions, acts, or omissions constituting a violation, and the name and address of the real property owner, lessee, occupant, or other person charged with the maintenance of the property, and the Zoning Officer shall issue, and serve on the real property owner, lessee, occupant, or other person charged with the maintenance of the property, an appearance ticket requiring his or her appearance in court. The Zoning Officer shall also file the affidavit of service showing compliance with subsection (a) (i) and ( ii ) above. If such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. EMU: This local law shall take effect immediately. : :•• (If additional s.ace is needed, •lease attach sheets of the same size as this and number each) = ''u Page 1 -• • (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify'that the local law annexed hereto, designated as local law No. 1 of 19.8.8 • akaongatyx of the of Danby was duly passed by the Town Board Town hl] 'f (Name of Legislative Body) tti on March 14 19 88 in accordance with the applicable provisions of law. • 2. (Passag* c local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage a 7 'disapproval.) I hereby certify t- . . he local law annexed hereto, designated as local law No. of 19 County of the City of was du sassed by the 1 own (Name of Legislative, Body) Village not disapprove. on 19 and was approved by the repassed after disapproval Elective Chief Executive Officer * and was deemed duly adopted on 19 , in accor`dafkce with the applicable provisions of law. 3. (Final adoption referendum.) I hereby certify the local law annexed hereto, designated as local law No. of 19 County of the City of w duly passed by the • Town (Name of Legislative Body) • Village • not disa. : oved on 19 and was approve- by the repassed after disc royal Elective Chief Executive Officer on 19 Such local law was . mitted to the people by reason of a . mandatory permissive referendum,and received the affirmative vote of a majority o IQ, qualified electors voting general thereon at the special election held on 19 , in accordaiire..with the annual cable provisions of law. • • 4. (Subject to per ' -sive referendum , and final adoption because no valid petition filed requesting referendum.) I hereby certify that t • ocal law annexed hereto,designated as local law No. of 19 County of the City of was du sassed by the on • Town (Name of Legislative Body) Village not disapprov • 19 and was approved by the' on repassed after di sappro • Elective Chief Executive. Officer 19 . Such local law being subject to . ermissive referendum and no valid petition requesting such referendum having been filed, said local law w. _ deemed duly adopted on 19 , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if.there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town, where such officer is vested with power to approve or veto local laws or ordinances. Page 2 • • , if 5. (City cal law concerning Charter reN ision proposed by petition.) I It by certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of §37 of ti : !Municipal !Lane Rule Law,and having received the affirmative vote of a majority • of the qualified electors of suc' ity voting thereon at the special election held on general 19 became operative. 6. (County local law concerning adoption of Chart I hereby certify that the local law annexed hen. ., designated as Local Law No. of 19...... of the County of , State of New Yor laving been submitted to the Electors at the General Election of November , 19 , pursuant to sui visions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of a •ijority of the qualified electors of the cities of said county as a unit and of a majority of the qualified elec rs of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please ,rovide an appropriate certification.) Nu ` I further certify that I have compared the preceding local law with the original on file iv this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I above. Cler}(f the County legislative body,City,Town or Village Clerk or �� officer designated by local legislative body • Date: March 17, 1988 • (Seal) -< (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) • STATE OF NEW YORK COUNTY OF Tompkins I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. (2.01/hkz&A, I • Signature ATTORNEY FOR THE egili/ ,QF DANBY Title Date: March 17, 1988 County th' of Danby Town klogg • Page 3 • . 3. (Please Use this Forin for Filing your Local Law with the Secretary of State) • Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. nig of DANBY Town Local Law No. 1 of the year 19 88 A local law A LOCAL LAW AMENDING THE. TOWN OF DANBY LOCAL LAW REGULATING THE (to.ett tale) MAINTENANCE OF REAL PROPERTY IN THE TOWN OF DANBY, LOCAL LAW NO. 1 OF THE YEAR 1987, BY AUTHORIZING THE ZONING OFFICER OF THE TOWN OF DANBY INSTEAD OF THE TOWN JUSTICES TO ISSUE APPEARANCE TICKETS REQUIRING A PERSON IN VIOLATION OF THE SAID LOCAL LAW TO APPEAR IN COURT. Be it enacted by the TOWN BOARD of the ,�,,�, • (Nam .l Maine d Le`t .tive Body) rq CiPiX of DANBY as follows: Town V?l i. PURPOSE: This local law is intended to technically amend and supersede Section 4 ( a ) ( iii ) of Local Law No I of year 1987 , which provides for the issuance of appearance tickets by the Town Justices, which is not allowed by law, by substituting the following paragraph in its place , which authorizes the Zoning Officer to issue appearance tickets requiring persons violating the said Local Law to appear in court. Section 4 . ENFORCEMENT. ( a ) Zoning Officer Procedure. The Zoning Officer of the Town of Danby is hereby authorized to enforce the provisions of this Law. The title "Zoning Officer" shall include any assistant Zoning Officer that may be appointed by the Town Board. ( iii ) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Zoning Officer shall file a written complaint , signed by the complaining party if other than the Zoning Officer, with a Town Justice specifying the conditions , acts , or omissions constituting a violation, and the name and address of the real property owner, lessee , occupant , or other person charged with the maintenance of the property, and the Zoning Officer shall issue, and serve on the real . property owner, lessee, occupant, or other person charged with the maintenance of the property, an appearance ticket requiring his or her appearance in court. The Zoning Officer shall also file the affidavit of service showing compliance with subsection (a) ( i ) and ( ii ) above. If such • person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed . EFFECT: This local law shall take effect immediately. (lf adc{irional s�cr is needed please attach sheets of the slme site as :hi.; and numhcr e,..12 l2) Page 1 • 1 ti • A LOCAL LAW REGULATING 'THE MAINTENANCE OF {'•. • • REAL PROPERTY IN THE TOWN OF DANBY 4, . as r • =MOLE. This Local Law provides for the removal of junk, as defined below, which is visible from other properties• or from the public roadways. While the primary, but not x.' exclusive, enforcement of this Law is, contemplated to be at the Zoning Officer' s own' instigation, the Zoning Officer may also make a determination of whether or not this Law has been violated after receiving a complaint from a neighbor or other • person who is directly or indirectly affected by the condition of a property. It is expected that people will maintain their properties in a responsible manner and that property owners • will respond sensitively and responsibly to the concerns of their. neighbors. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF DANBY AS FOLLOWS: • Section 1 . MEME. The purpose of this Law is to protect the health, safety, and welfare of the residents of the Town of Danby, to protect the value of real property, and to promote and perpetuate the attractive appearance of neighborhoods in the community by providing for the .removal of junk in accordance with the provisions below. Section 2. ?$OH?BITED ACTS. • (a) It shall be a violation of this Law for any owner or other occupant or person charged with the maintenance of real property in the Town of Danby to deposit, abandon, maintain, keep, or allow to accumulate on his property, outside of any building, any junk or material that, if thrown • or deposited as herein prohibited, tends to create a danger to the public }health, safety, and welfare, or creates degradation through unsightliness or noisomeness . (b) Classes of materials subject to regulation and • examples thereof are as follows: I. Equipment or machinery intended for outdoor use, such as automobiles, trucks, farm implements, lawnmowers , campers, trailers, • boats, or other such devices, which are in a state of disrepair or are otherwise dilapidated, broken, abandoned, or not in condition to be used for their original purpose. In the case of vehicles or equipment designed for use on the public roadways, the phrase "dilapidated, broken, abandoned, or not • • 2 4 in condition to be used for their original purpose" shall, be defined as incapacity to meet • the requirements imposed by the State of New York for legal use on such roadways . II . Any equipment or appointments designed for indoor use, such as sto'ves, .refr.igerators, washing machines, furniture, etc. , or parts thereof , when stored on any property for more than thirty ( 30 ) days, at which time any such item shall be presumed to be abandoned. III . Nonbiodegradable rubbish or trash. . IV. Biodegradable trash, such as piles of brush, leaves, weeds, etc. , when left in the front or side yard of any property for more than thirty • (30 ) days. Compost piles that are discreetly placed in• a backyard are excluded from regulation under this Law. V. Construction or demolition debris if present • ' for more than one year. The examples given above are not intended to be exhaustive and do not limit the list of items that might be construed as belonging to any of the above classes of materials . Further, the list of classes and examples given above is not in limitation of the prohibition in this section. (c) Except to the extent that a health, safety, or fire hazard is found to exist, or if the storage of such items would constitute a nuisance, it shall not be a violation of this Law to maintain on real property items of the kind and nature set forth in subsection (b) above if such items are stored inside a storage structure or if they are stored in such a manr}er that they are not visible to neighboring properties or from any public roadway, except that this Law does not affect any further regulation now existing in the Town Zoning Ordinance or any other local law or any, further regulation that is enacted after the effective date of this Law of such storage of materials. Duly licensed vehicle dismantlers, salvage pools, car crushers, vehicle collectors, vehicle rebuilders, scrap processors, scrap collectors, or repair shops (as those terms are defined in Section 415-a of Article 16 of the Vehicle and Traffic Law of the State of New York) in existence on the effective date of this Law shall not be required to conform to the requirements of nonvisibility from any public roadway, but rather shall be required to screen, by means of non- transparent fencing, shrubbery, or the like, their operations • • • • • 3 • at least from adjacent roadways0- In addition, such non- transparent screening shall be required and shall be erected • between these operations and any adjoining property if the owner of such adjoining property requests such screening. Such non-transparent screening shall be construed to be an affirmative obligation under this Law, and the refusal to erect the same when required shall be construed to be a cause • of a violation of this Law. Section 3., VIQLATI4 . (a) Fines and imprisonment. A violation of this Law shall be a violation as defined in Section 10 . 00 of the Penal Law of the State of New York and shall be punishable by a fine-,:t' not to exceed Two Hundred and Fifty Dollars ($250 . 00 ) or a sentence of imprisonment not to exceed fifteen ( 15 ) days in jail , or both. Failure to eliminate the cause of a violation within thirty (30) days of being found guilty of a violation of this Law shall constitute a new and separate violation, as shall each thirty ( 30 ) day period thereafter that the cause of the violation is not eliminated. It is intended that fines and/or imprisonment recur and increase in severity until the cause of the violation is removed. (b) In_iunotive Relief. Imposition of a fine or imprisonment in accordance with subsection (a) above shall not be construed to be the exclusive remedy available to the Town .,under this Law. The Town Board may authorize the commencement of a proceeding in Supreme Court for injunctive relief if the cause of a violation is not eliminated within thirty ( 30 ) days of a finding that the condition of the property constitutes a violation of this Law. Such proceeding may be pursued concurrently with any enforcement proceeding under Section 4 below. Section 4. ENFORCEMENT. (a) •Zonino Officer Procedure. The Zoning Officer of the Town of Danby is hereby authorized' to enforce the provisions of this Law. The title "Zoning Officer" shall include any assistant Zoning Officer that may be appointed by the Town Board: (i ) The Zoning Officer shall , on his normal • business about the Town, note and investigate any visually or otherwise apparent violations of this Law. In addition, he- shall investigate any complaints received. Upon determining that in his judgment this Law has been violated, the Zoning Officer shall give the owner of the real property or other person charged with • 4 the maintenance of the property written notice setting forth notice of the violation, including the nature of the violation and notice of the provisions of this Law that have been violated, and directing that the violation be terminated or corrected within thirty (30) days of the date of such notice. (ii) Service of such notice shall be made (A) by delivering the notice personally to the owner, lessee, occupant, or other charged with the maintenance of the property, or (B) by delivering it to a person of suitable age and discretion at the actual place of business, dwelling place, or usual place of abode of the person to be served, together with mailing a copy of the notice to the person to be served at his last known residence, or (C) by mailing such notice to the address of the real property and to the address listed by the owner for the receipt of tax bills (if different from the property address) if personal service of such notice cannot be made after a reasonable attempt. An affidavit of service shall be completed in each case specifying the person served and the date, time, address or place of service (unless such service was made by mail) , and manner of service and the affidavit shall be signed by the person making such service. (iii) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Zoning Officer shall file a written complaint, signed by the complaining party if other than the Zoning Officer, with a Town Justice specifying the conditions, acts, or omissions constituting a violation, and the name and address of the real property owner, lessee, occupant, , or other person charged with the maintenance of the property. The Zoning Officer shall also 4ile the affidavit of service showing compliance with subsection (a) ( i) and ( ii) above. Upon receipt of such a complaint, the Town Justice shall issue an appearance ticket directing the person specified in the notice of violation to appear in person in court; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. (b) Appeal of Finding of No Violation by Zoning Officer. Any person who has filed a complaint with the Zoning Officer may appeal to the Town Board at one of its regular meetings a case where the Zoning Officer has issued a finding that no violation of this Law has been found or refuses to act on that person' s complaint. Supporting proof of the existence of the violation cited (e. g. , photographs, affidavits from 5 other neighbors, etc. ) may be provided by the person appealing to the Town Board. The Town Board shall make any reasonable investigation that is deemed necessary and shall arrive at a decision either to instruct the Zoning Officer to process the complaint in accordance with subsection (a) above or to dismiss the complaint. Section 5. EFFECTIVE DATE. This Local Law supersedes the Town of Danby Junk Car Law. This Law shall not be enforced until 60 days after its passage by the Town Board; this 60-day period prior to enforcement is intended to give property owners an opportunity to terminate and correct any violations of this Law that might exist on their property. After the 60-day compliance period, this Law shall apply to preexisting conditions and violations as well as to new violations. • • • (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. 6 of DANBY Town YAM Local Law No. 1 of the year 19 88 • A local law A LOCAL LAW AMENDING THE TOWN OF DANBY LOCAL LAW REGULATING THE (l..at rtae) MAINTENANCE OF REAL PROPERTY IN THE TOWN OF DANDY, LOCAL LAW NO. 1 OF THE YEAR 1987, BY AUTHORIZING THE ZONING OFFICER OF THE TOWN OF DANBY INSTEAD OF THE TOWN JUSTIt_`! S TO ISSUE APPEARANCE TICKETS REQUIRING A PERSON IN VIOLATION OF THE SAID LOCAL LAW TO APPEAR IN COURT. Be it enacted by the • TOWN DWI? of the r (Manse d Legislative Body) MO W of DANBY as follows: Town ViffiVe PURPOSE: This local law is intended to technically amend and supersede Section 4 ( a) ( iii ) of Local Law No. J of the year 1987 , which provides for the issuance of appearance tickets by the Town Justices, which is not allowed by law, by substituting the following paragraph in its place, which authorizes the Zoning Officer to issue appearance tickets requiring persons violating the said Local Law to appear in court. Section 4 . ENFORCEMENT. (a) Zoning Officer Procedure. The Zoning Officer of the Town of Danby is hereby authorized to enforce the provisions of this Law. The title "Zoning Officer" shall include any assistant Zoning Officer that may be appointed by the Town Board. (iii ) If the owner of the real property or other person charged with the maintenance of the property fails to terminate or correct the violation in the time provided, the Zoning Officer shall file a written complaint, signed by the complaining party if other than the Zoning Officer, with a Town Justice specifying the conditions , acts , or omissions constituting a violation, and the name and address of the real property owner, lessee , occupant, or other person charged with the maintenance of the property, and the Zoning Officer shall issue, and serve on the real property owner, lessee, occupant, or other person charged with the maintenance of the property, an appearance ticket requiring his or her appearance in court. The Zoning Officer shall also file the affidavit of service showing compliance with subsection (a) ( i ) and ( ii ) above. If such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. EFFECT: This local law shall take effect plirIf additional space is needed, please attach sheets of the same size as this and number each)" Page 1 •