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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.
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(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:
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(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.
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(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.
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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
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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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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 •
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, 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
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1 ti
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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
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