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Village of Cayuga Heights
LOCAL LAWS
VILLAGE OF CAYUGA HEIGHTS
LOCAL LAWS
TABLE OF CONTENTS
Date Law Title Article Page
1963-67 Fumigation & Fires III 1
Traffic IV 2,3
Parks & Street Planting, Protection of V 4
Zoning IX 5-7
Sewer Rents XII 8-9
1965 1 Public Notices, Relating to Adoption of 25 10
Public Laws
1966 1 Sidewalk Districts, Formation of 28 11-12
1968 1 Tax on Gross Income or Gross 31 13-18
Operating Income of Utilities
1969 1 Utility Tax 31 19
6/25/1973 Sewers & Drains VIII 20-26
1976 1 Water Benefit Charges & Schedule A (Definitions) 32 27-29
1976 2 Plumbing Codes 23 30
1977 1 Business Investment, Percentage of Exemption for 16 31
1977 2 Dog Control XV 32
1977 3 Flood Insurance Program 20 33-34
1979 1 Cross-Connection Control 17 35-40
1980 1 Dog Control XV 41-43
1/4/1980 Zoning IX 44
1981 1 Traffic Control IV 45-50
1981 2 Indemnification of Employees &
Furnishing Legal Counsel 21 51
1982 1 Alcoholic Beverage, Open Container Prohibition 22 52
1982 2 Traffic Control IV 53-58
1983 1 Alcoholic Beverage, Open Container Prohibition 22 59-60
1983 2 Traffic Control IV 61-66
1984 1 Tax Exemption, Real Property/Veteran's Program 30 67
2/1985 Zoning IX 68
1985 1 Residency of Appointed Village Officers 26 69
1986 1 Zoning - Antennas, Installation & Maintenance IX 70
1986 2 Traffic Control IV 71-76
1987 1 Sewers & Drains VIII 77-96
1987 2 Zoning - Sign Ordinance IX 97-101
1988 1 Prior Written Notice 24 102
1988 2 Zoning - Permits IX 103-104
1989 1 Zoning - Building Coverage IX 105
Date Law Title Article Page
1990 1 Traffic Control IV 106
1990 2 Sewer Rents XII 107
1990 3 Bicycles XIII 108
1991 1 Traffic Control IV 109
1991 2 Traffic Control IV 110
1991 3 Traffic Control IV 111-117
1992 1 Sewers & Drains VIII 118
1992 2 Zoning - Planning Board IX 119-124
1993 1 Zoning - Planned Unit Development IX 125-136
1993 2 Zoning - Signs IX 137
1993 3 Traffic Control IV 138
1993 4 Zoning - Districts IX 139-142
1994 1 Cross-Connection Control, Supplementary 17 143-150
1994 2 Fees by Resolution 19 151
1995 1 Tax Exemption, Senior Citizens 29 152
1996 1 Traffic Control IV 153
1997 1 Sewer Rates 27 154
1998 1 Telecom Towers, Moratorium on n/a 155-156
1998 2 Sewer Rates 27 157
1998 3 Zoning - Telecom Towers & Facilities IX 158-165
1999 1 Sewer Rates 27 166
1999 2 Firearms & Other Dangerous Weapons I 167
2000 1 Sewer Rates 27 168
2001 1 Sewer Rates 27 169
2001 2 Emergency Lock Box 18 170-172
2002 1 Traffic Control IV 173
2002 2 Dog Control XV 174-176
2002 3 Sewer Rents XII 177
2002 4 Sewer Rates 27 178
2004 1 Fire Chief & Fire Superintendent, Term of Office 33 179
2004 2 Building Code Enforcement 34 180-187
Updated: 9/30/04
Local Laws Page 1
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
Article III Fumigation “and Fires”
First paragraph to be called “Section 1.”
Section 2.
No garbage, rubbish, trash, leaves, construction material or brush shall be burned out of
doors in the Village of Cayuga Heights unless a permit is obtained from the Chief of the
Fire Department of the Village or any person designated by him. No permit shall be
issued, however, for (a) on any Sunday or Legal Holiday, or (b) on any day between the
hours of 1 P.M. and 8 A.M. No permit shall be needed for any fire for cooking purposes
in a container.
Effective: 11/1/65
Local Laws Page 2
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
(previously appearing in printed material incorrectly as Amendments to Article VI)
Article IV Traffic
Article IV Stop and Yield Intersections
Section 60. – Through Highways. Change Subdivision 10 to read:
“The Parkway is hereby designated as a through highway from its intersection with
Klinewoods Road and Hanshaw Road and stop signs shall be erected on the following
entrances thereto:
1. Comstock Road from the east and west and yield signs shall be erected on the
following entrances thereto:
a. Forest Drive from the east.
Effective 6/1/64
Article IV – Speed Regulations
Section 70. – Maximum Speed Limits.
Thirty (30 miles per hour is hereby established as the maximum speed at which vehicles
may proceed on highways within the corporate limits of this Village except on Route 13.
Effective 11/1/64
Article IV – Parking, Standing and Stopping
Section 82 – Parking Prohibited in Designated Locations.
1. i. On the east side of Cayuga Heights Road within the right-of-way lines from the
southwest corner of Kline Road, southerly to the Village line.
j. On the south side of Ridgewood Road within the right-of-way line from the
southeast corner of Wyckoff Road, southerly to the Ithaca City line.
Effective 4/20/66
k. On the east side of Cayuga Heights Road within the right-of-way line from the
south Village line north to Wyckoff Road.
l. On both sides of street within the right-of-way lines on Kline Road from Cayuga
Heights Road east to intersection of Kline and Wyckoff Roads.
m. On both sides of street within the right-of-way lines on Wyckoff Road from
Cayuga Heights Road east to intersection of Wyckoff and Kline Roads.
Effective 10/1/66
Local Laws Page 3
Village of Cayuga Heights
Article IV – Parking, Standing and Stopping
Section 84 - No All Night Parking
The parking of a vehicle is hereby prohibited within the right-of-way lines on all roads,
streets and highways within this Village between the hours of 2:00 A.M. and 6:00 A.M.
on any day.
Effective 4/20/66
Local Laws Page 4
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
(previously appearing in printed material incorrectly as Amendment to Article VII)
Article V Protection of Parks and Street Planting
SECTION 1
No person, other than Cayuga Heights Village employees engaged in the care of Village
parks and streets, shall drive any vehicle or ride a horse upon any of the walks or lawns
of any Village Park; deposit any refuse or litter in any such Park, ride a horse in the
Village other than on the traveled portion of streets or on private property by permission
of the owner thereof; or cut, trim or injure any tree or shrub in any Village Park or within
the limits of any Village Street except by permit granted by Village Board of Trustees or
the official representative of such Board.
SECTION 2
Sunrise Part shall be closed to the public from 9:00 P.M. to 6:00 A.M. during the months
of January, February, March, November, and December of each year and from 10::00
P.M. to 6:00 A.M. during the period from April lst to October 31st of each year.
SECTION 3
Any violation of this ordinance shall constitute disorderly conduct punishable by a fine
not in excess of $50.00 for each offense.
Effective 4/20/63
Local Laws Page 5
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
(previously appearing in printed material incorrectly as Amendments to Article XI)
Article IX Zoning
Section 2 – Residence District.
9. Any cemetery purpose approved by the Village Board. (Effective 4/20/66)
Section 3 – Multiple Housing District
In the Multiple Housing District no building shall be erected or extended and no land
or building shall be used for other than any of the following purposes:
1. Any use permitted in the Residence District.
2. Any of the following uses:
a. Dwelling for three or more families.
b. Church or other place of worship; convent, parish house, Sunday
School building, provided that no bowling alleys shall be included in
any such building.
c. Public library or public museum, parochial school, nursery school,
school operated by a non-stock corporation under the education laws
of the State. (Amended 9/1/65)
d. Fraternity and sorority. (Eff. 6/15/66)
e. Hospital or sanitarium for the treatment of human beings, other than
the criminal, insane, feeble-minded, epileptic, drug, liquor, or
psychiatric patients. Nursing, or convalescent homes are prohibited.
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence as
maybe required by the Board of the proposed use, and shall be given opportunity to
explain to the Village Board the nature of and reason for the intended use.
The Village Board shall consider the following: the location and size of the use,
the nature and intensity of the operation involved, and the size and topography of the
site in relation to it, the location of the site with respect to roads giving access to it,
the provisions for parking, and the relation of the size of the building and lot to the
parking area, and any other reasonable requirements necessary to keep the proposed
use safe and in harmony with the appropriate and orderly development of the
Multiple Housing District.
These standards shall be in addition to those listed in Sections 5 through 10.
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Village of Cayuga Heights
Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise the
Village Zoning Office shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the Zoning
Officer, stating that the buildings or proposed use thereof complies with the
provisions of this ordinance. (Eff. 5/22/66)
3. Any use by an institution of higher learning necessary to or incidental
to higher education provided that any landowner who intends to use land for any
of the aforementioned purposes shall submit to the Village Board a site plan and
such other evidence as my be required of the proposed use, and shall be given
opportunity to explain to the Village Board the nature of and reasons for the
intended use.
In arriving at a decision, the Village Board shall consider the following:
the location and size of the use, the nature and intensity of the operation involved,
and the size of the site in relation to it, the location of the site with respect to
roads giving access to it and an other reasonable requirements necessary to keep
the proposed use in harmony with the appropriate and orderly development of the
Multiple Housing District. These standards may replace those listed in Sections 5
through 10.
Action by the Village Board signifying acceptance of a plan shall be the
necessary preliminary to the issuance of a permit by the Village Zoning Officer;
otherwise the Village Zoning Officer shall deny the application for a permit. (Eff.
9/1/65)
Section 4. Commercial District.
In the Commercial District, no building shall be erected or extended and no land or
building shall be used for other than one or more of the following purposes:
1. Any use permitted in the Multiple Housing District, subject to the other requirements
as set forth in SECTION 3 above
2. Any of the following uses:
a. Retail store.
b. Business or professional office.
c. Restaurant or dairy bar for the serving of food and beverages but only
on special approval of the Board of Trustees. In granting approval, the
Board of Trustees shall determine, after a public hearing, that a need
for such use exists for the convenience of the neighborhood and that
the general welfare of the Village will be served and that there will be
no excessive noise in connection with the use.
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Village of Cayuga Heights
d. Bank or other financial institution.
e. Gasoline retail sales station including facilities for minor repairs, but
only on special approval of the Board of Trustees.
f. Place of business of the following, and businesses of a similar nature,
provided that any manufacture or processing of goods on the premises
is clearly incidental to a retail business conducted on the premises:
Baker Furrier Shoeshiner,
Barber Hairdresser Shoemaker
Caterer Manicurist or Repairer
Confectioner Milliner Tailor
Decorator Optician Telegraph and
Dressmaker Photographer Telephone Office
Dyer Printer Undertaker
Florist Upholsterer
Commercially operated swimming pool
Hand laundry or machine rental laundry
g. Theater, but not a drive-in theater, and only on special approval of the
Board of Trustees.
h. Car-wash operation and car-rental operation, subject to special
approval of the Board of Trustees (Eff. 8/1/65)
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required of the proposed use, and shall be given opportunity to explain
to the Village Board the nature of and reason for the intended use. The Village
Board shall consider the following: the location and size of the use, the nature
and intensity of the operation involved, and the size and topography of the site in
relation to it, the location of the site with respect to roads giving access to it, the
provisions for parking and the relation of the size of the building and lot to the
parking area, the amount of traffic generated by the said business, and any other
reasonable requirements necessary to keep the proposed use safe and orderly in
the Commercial District.
These standards shall be in addition to those listed in Sections 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the
necessary preliminary to the issuance of a permit by the Village Zoning Officer,
otherwise the Village Zoning Office shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the buildings or proposed use thereof complies with
the provisions of this ordinance. (Eff. 5/22/66)
Local Laws Page 8
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
(previously appearing in printed material incorrectly as Amendments to Article XIV)
ARTICLE XII
SEWER RENTS
AN ORDINANCE Establishing and Imposing Sewer Rents Pursuant to Article 14-F of
the General Municipal Law.
WHEREAS the Village of Cayuga Heights has constructed and installed for public use a
sewage treatment plant pursuant to a resolution of the Board of Trustees adopted on
December 28, 1955, authorizing such construction and the issuance of $269,000 serial
bonds to pay the cost thereof, which resolution provided that sewer rents should be
established and imposed for the use of the sewage treatment plant;
NOW THEREFORE, BE IT ORDAINED BY THE Mayor and the Board of Trustees of
the Village of Cayuga Heights as follows:
SECTION 1.
The sewer system or the part or parts of the sewer system for which such rents shall be
established and imposed are as follows:
(a) The sewage treatment and disposal works with necessary appurtenances
including pumping station, and the extension, enlargement, or replacement
of or additions to such sewage treatment plant.
(b) The operation, maintenance, and repairs of the entire village sewer system,
including the sewage treatment plant and the collection system.
SECTION 2.
Revenues derived from the sewer rents, including penalties and interest, shall be credited
to a special fund to be known as the “Sewer Rent Fund.” Moneys in such fund shall be
used in the following order:
(a) For the payment of the costs of operation, maintenance, and repairs of the
entire village sewer system.
(b) For the payment of the interest on and amortization of or payment of
indebtedness which has been or shall be incurred for the construction of
the sewage disposal plant. (Not including indebtedness, and the interest
thereon, which is to be paid in the first instance from assessments upon
benefited real property.)
(c) For the construction of sewage treatment and disposal work with
necessary appurtenances, including pumping stations or for the extension,
enlargement, or replacement of, or additions to, such sewage treatment
and disposal works.
Local Laws Page 9
Village of Cayuga Heights
SECTION 3.
The basis of the charge for such sewer rent shall be computed in units as follows with
each unit bearing a proportionate part of the moneys necessary for the annual expense
under Section 2 herein:
(a) The owner of any private single family residence shall be assessed one
unit.
(b) Any two-family residence, apartment house, or multiple residence other
than a fraternity or sorority house or dormitory, shall be assessed one unit
for each apartment or dwelling unit.
(c) An additional one-half unit shall be charged to any family having two
roomers with additional one-half unit for each additional two roomers.
(d) Each fraternity or sorority house or dormitory shall be assessed one unit
for each five occupants in the said fraternity or sorority or dormitory.
(e) The owner of any commercial, business or industrial property, including
but not limited to schools, churches, professional offices, gas stations,
stores, and all other places of business shall be assessed one unit for each
enclosed building housing such commercial, business or industrial
property with an additional assessment of one unit for each 16,000 cubic
feet of water, or part thereof, consumed annually in each such building
over the first 16,000 cubic feet of water, except that portion thereof not
discharged into the sewer system under special permit.
SECTION 4.
Sewer rents shall not be charged against properties granted special permit under Article X
of the Village Ordinances or against properties connected to any other municipal system.
SECTION 5.
Sewer rents shall become due annually on the first day of June and may be paid without
interest or penalty on or before the first day of July.
SECTION 6.
On all sewer rents unpaid after July 1st, interest of five per centum shall be added for the
month of July, and an additional one-half of one per centum for each month and fraction
thereof thereafter until paid. The collection of unpaid sewer rents may be enforced
pursuant to the provisions of Article 14F of the General Municipal Law as heretofore
enacted or hereafter amended.
Effective date 1/1/64.
Local Laws Page 10
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1965
A Local law providing for public notices relating to adoption of local laws.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section 1. No local law shall be adopted by the Board of Trustees of the Village of
Cayuga Heights until a public hearing has been held thereon in its final form before such
board of trustees not less than three nor more than thirty days after public notice has been
given of the time and place of the holding of such public hearing. Such notice shall be
given by the Village Clerk by causing the same to be published once in the official
newspaper of the village. Such notice shall contain the title of the proposed local law and
a brief explanatory statement thereof.
Section 2. The Village Clerk shall cause to be printed or otherwise reproduced copies of
such proposed local law and shall, not later than the day such notice is published, post
one such copy together with the notice of hearing in a conspicuous place in his office and
shall also make copies of such proposed local law available at his office for inspection by
and distribution to any interested person during business hours.
Section 3. The Village Clerk shall, within ten days following the adoption of a local law
by the Board of Trustees, post a copy thereof in a conspicuous place in his office and
shall also cause the local law or an abstract thereof describing the same in general terms,
to be published in the official newspaper of the Village. The local law so published to
take effect within five days following publication unless a different time shall be
prescribed therein.
Section 4. Proof of publication of the notice of public hearing required by section 1
hereof and proof of the posting and publication required by Section 3 hereof shall be filed
in the office of the Village Clerk.
Section 5. Each local law shall be numbered consecutively beginning with number one
for each calendar year. When a local law is finally adopted, and certified copies thereof
are required by section twenty-seven of the municipal home rule law to be filed in the
offices of the Village Clerk, the State Comptroller, and the Secretary of State, the Village
Clerk shall accordingly assign to such local law its appropriate number.
Section 6. This local law shall take effect immediately.
Local Laws Page 11
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1966
A local law providing for formation of sidewalk districts in the
Village of Cayuga Heights.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section 1. The Board of Trustees may upon petition to twenty-five owners of real
property within the Village, whose names appear upon the last approved assessment roll,
cause maps and plans and specifications to be made for sidewalks to be located in a
sidewalk district within the Village, provided that suitable maps and plans are not
available, and in addition shall prepare a suitable plan for financing in the district.
Section 2. With these plans as a basis, persons owning real property in the proposed
sidewalk district in the Village to the amount of more than one-half in value of the
taxable real property within the proposed sidewalk district as appears by the last
preceding completed assessment roll may petition the Board of Trustees of such Village
for the establishment of a sidewalk district within the Village.
a. The petition must state the maximum amount proposed to be expended in the
construction of such sidewalk system and there shall be attached thereto a map
showing the boundaries of the district and location of the said proposed
sidewalk or sidewalks.
b. Each petitioner shall state opposite his name the assessed valuation of the real
property owned by him in such district according to the last preceding
completed assessment roll.
c. The execution of the petition by a property owner shall be acknowledged by
him, or it may be proven by the oath of a witness who shall swear that he
knows the property owner, and that the petition was signed by the property
owner and that the petition was signed by the property owner in the presence
of the witness.
d. The petition may be in the form of separate sheets, each sheet containing at
the top thereof, the complete wording of the petition, and when bound
together and offered for filing, these shall be deemed to constitute one
petition.
Section 3. On receipt of such petition the Board of Trustees shall hold a public hearing
before taking any action on the petition, at which time full opportunity to be heard shall
be granted to all officials, residents, voters, taxpayers, property owners or other persons
or corporations in any way affected by the granting, modification or denial of the petition.
Notice of the time, place and purpose of such hearing, containing a description of the
district and extent of the proposed sidewalk system, shall be given by such board by
posting such notice in two of the most public places within the Village at least seven days
prior thereto and by publishing a notice in the official newspaper once seven days
immediately preceding the hearing.
Local Laws Page 12
Village of Cayuga Heights
Section 4. After a hearing held in accordance with this notice and upon the evidence
given thereat the Board of Trustees shall determine whether it is in the public interest to
grant the petition, modify it or deny the relief sought.
a. During a period of thirty days following the board action said
determination shall be subject to review, in the manner provided by article
seventy-eight of the civil practice law and rules upon a petition of any
interested person. The petitioner shall give an undertaking, approved by
the supreme court as to form, amount and sufficiency of sureties, that in
event of failure to modify said final determination or order he or they will
pay to the Village all such costs and expenses as are incurred by it or him
on account of the said proceedings as shall be determined by the court. In
the event that upon such review there shall be any modification by the
court of said final determination or order the court shall direct the
modification thereof by judgment which shall be final and conclusive.
b. At the expiration of the thirty day period during which the board’s action
is subject to review, the Board of Trustees may, in conformity with its
final determination or the judgment as the case may be, construct such
system in accordance with the approved plans. But no such system shall
be constructed if the expense thereof shall exceed the amount set forth in
the petition, unless a further petition be presented to such board in the
same form and executed in the same manner as herein provided,
requesting that such system, shall be constructed for such amount.
Section 5. The cost of constructing such system shall be assessed from year to year by
the Board of Trustees upon the lands within the district in proportion as nearly as may be
to the benefit which each lot or parcel will derive therefrom. This assessment shall be
prepared at the same time and in the same manner as the Village assessment roll and be
subject to the same appeal. In addition to the cost of construction the Board of Trustees
shall also have authority to provide for the maintenance or repair of any or all of the said
sidewalk system.
Section 6. The Board of Trustees may require the said sidewalks to be constructed,
maintained, or repaired solely at the expense of the property owners in the district or the
Village may share a part of the expense of such construction, repair or maintenance.
9/8/66
Local Laws Page 13
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1968
A local law imposing a tax on gross income or gross operating income of utilities
arising from transactions originating and consummated within the territorial limits
of the Incorporated Village of Cayuga Heights as authorized by Article 6, Section 6-
640 of the Village Law of the State of New York.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section 1. Imposition of Tax. Pursuant to the authority granted by Article 6, Section 6-
640 of the Village Law of the State of New York, from on and after April 1, 1968 there is
hereby imposed:
(a) A tax equal to one per centum of the gross income of every utility doing
business in the Incorporated Village of Cayuga Heights which is subject to
the supervision of the New York State Department of Public Service and
which has an annual gross income in excess of Five Hundred Dollars
($500.00) except motor carriers or brokers subject to such supervision
under Article Three-B of the Public Service Law.
(b) A tax equal to one per centum of the gross operating income of every
other utility doing business in the Incorporated Village of Cayuga Heights
which has an annual gross operating income in excess of Five Hundred
Dollars ($500.00).
Section 2. Definitions. As used in this local law.
(a) The word “utility” includes:
1. Every person subject to the supervision of the State Department of
Public Service, except
a. Persons engaged in the business of operating or leasing
sleeping and parlor railroad cars, and
b. Persons engaged in the business of operating or leasing
railroads other than street surface, rapid transit, subway and
elevated railroads;
c. Omnibus corporations subject to supervision under Article
Three-A of the Public Service Law.
2. Every person who sells gas, electricity, steam, water, refrigeration,
telephony or telegraphy delivered through mains, pipes or wires,
whether or not such person is subject to the supervision of the State
Department of Public Service;
3. Every person who furnishes gas, electric, steam, water,
refrigerator, telephone or telegraph service, by means of mains,
pipes, or wires, regardless of whether such activities are the main
business of such person or are only incidental thereto, or of
whether use is made of the public streets.
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Village of Cayuga Heights
(b) The word “person” means: persons, corporations, companies, associations,
joint-stock associations, co-partnerships, estates, assignee of rents, any
person acting in a fiduciary capacity, or any other entity; and persons, their
assignees, lessees, trustees or receivers, appointed by any court
whatsoever, or by any other means; except the state, municipality, public
districts, and corporations and associations organized and operated
exclusively for religious, charitable or educational purposes, no part of the
net earnings of which inures to the benefit of any private shareholder or
individual.
(c) The words “gross income” shall include:
1. In the case of a utility engaged in selling telephony or telephone
service, only receipts from local exchange service wholly
consummated within the Village.
2. In the case of a utility engaged in selling telegraphy or telegraph
service, only receipts from transactions wholly consummated with
the Village.
(d) The word “gross income” in the case of any utility other than described in
Section 2 (c ) hereof shall include:
1. Receipts received in or by reason of any sale, conditional or
otherwise (except sales hereinafter referred to with respect to
which it is provided that profits from the sale shall be included in
gross income), made or service rendered for ultimate consumption
or use by the purchaser in the Village, including cash, credits and
property of any kind or nature (whether or not such sale is made or
such service is rendered for profit) without any deductions
therefrom on account of the cost of the property sold, the cost of
the materials used, labor or services or other costs, interest or
discount paid, or any other expense whatsoever;
2. Profits from the sale of securities;
3. Profits from the sale of real property growing out of the ownership
or use of or interest in such property;
4. Profits from the sale of personal property (other than property of a
kind which would properly be included in the inventory of a
taxpayer if on hand at the close of the period for which a return is
made);
5. Receipts from interest, dividends and royalties, derived from
sources within the Village (other than such as are received from a
corporation, a majority of whose voting stock is owned by the
taxpaying utility), without any deduction therefrom for any
expenses whatsoever incurred in connection with the receipt
thereof;
6. Profits from any transaction (except sales for resale and rentals)
with the Village whatsoever.
(e) The words “gross operating income” mean and include
Local Laws Page 15
Village of Cayuga Heights
1. Receipts received in or by reason of any sale, conditional or
otherwise, made for ultimate consumption or use by the purchaser
of gas, electricity, steam, water, refrigeration, telephone or
telegraphy, or in or by reason of the furnishing for such
consumption or use of gas, electric, steam, water, refrigerator,
telephone, telegraph service in the Village, including cash, credits
and property of any kind or nature, without deduction therefrom on
account of the cost of the property sold, the cost of materials used,
labor or services or other costs, interest or discount paid, or any
other expense whatsoever
Section 3. Application. This law and the tax imposed thereby shall
(a) apply only within the territorial limits of the Village of Cayuga Heights;
(b) not apply and the tax shall not be imposed on any transaction originating
or consummated outside of the territorial limits of the Village of Cayuga
Heights notwithstanding that some act be necessarily performed with
respect to such transaction within such limits; and
(c) be in addition to any and all other taxes and fees imposed by any other
provisions of law;
(d) apply to all subject income received on and after July 1, 1968.
Section 4. Disposition of Revenues. All revenues resulting from the imposition of the tax
imposed by this law shall be paid into the treasury of the Village and shall be credited to
and deposited in the General Fund of the Village.
Section 5. Collection and Enforcement; Rules and Regulations. The Village Treasurer
shall be the chief enforcement officer of this law and shall make and be responsible for
all collections hereunder. He shall also have the power and authority to make any rules or
regulations or directives, not inconsistent with the law, which, in his discretion, are
reasonably necessary to facilitate the administration of this law and the collection of the
taxes imposed hereby. Copies of all such rules and regulations and directives, as may
from time to time be promulgated, shall be sent by registered mail to all utilities subject
to this law which register as such with the Village Treasurer. All such rules, regulations
and directives shall be deemed a portion of this law.
Section 6. Returns, Filing, Contents.
(a) Time of filing. Every utility subject to a tax hereunder shall file on or
before July 1st and January lst a return for the six calendar months
preceding each return date including any period for which the tax imposed
hereby or any amendment hereof if effective. However, any utility whose
average gross income or gross operating income for the aforesaid six
months period is less than Three Thousand Dollars ($3,000.00) may file a
return annually on October 1st for the twelve calendar months preceding
each return date including any period for which the tax imposed hereby or
any amendment hereof is effective. Any utility whether subject to tax
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Village of Cayuga Heights
under this law or not may be required by the Village Treasurer to file an
annual return.
(b) Contents. Returns shall be filed with the Village Treasurer on a form to be
furnished by him for such purpose and shall show thereon the gross
income or gross operating income for the period covered by the return and
such other information, data or matter as the Village Treasurer may
require to be included therein. Every return shall have annexed thereto a
certification by the head of the utility making the same or of the owner or
of a co-partner thereof, or of a principal corporate officer to the effect that
the statements contained therein are true.
Section 7. Payment. At the time of filing a return as required by this law, each utility
shall pay to the Village Treasurer the tax imposed hereby for the period covered by such
return. Such tax shall be due and payable at the time of the filing of the return or if a
return is not filed when due, on the last day on which the return is required to be filed.
Section 8. Penalties and Interest. Any utility failing to file a return or a corrected return,
or to pay any tax or any portion thereof within the time required by this law, shall be
subject to a penalty of five per centum of the amount of tax due, plus one per centum of
such tax for each month of delay or fraction thereof, excepting the first month, after such
return was required to be filed or such tax became due; but the Village Treasurer, if
satisfied that the delay was excusable, may remit all or any portion of such penalty.
Section 9. Tax as Operating Cost. The tax imposed by this law shall be charged against
and be paid by the utility and shall not be added as a separate item to bills rendered by the
utility to customers or others but shall constitute a part of the operating costs of such
utility.
Section 10. Failure to File or Incorrect Returns. In case any return filed pursuant to this
law shall be insufficient or unsatisfactory to the Village Treasurer, he may require at any
time a further or supplemental return, which shall contain any data that may be specified
by him, and, if a corrected or sufficient return is not filed within twenty days after the
same is required by notice from him, or, if no return is made for any period, the Village
Treasurer shall determine the amount due from such information as he is able to obtain
and, if necessary, may estimate the tax on the basis of external indices or otherwise. He
shall give notice of such determination to the utility liable for such tax. Such
determination shall finally and irrevocably fix such tax, unless the utility against which it
is assessed shall, within one year after the giving of notice of such determination, apply
to him for a hearing or unless the Village Treasurer, of his own motion, shall reduce the
same. After such hearing he shall give notice of his decision to the utility liable for such
tax.
Section 11. Review of Final Determination. Any final determination of the amount of
any tax payable hereunder shall be reviewable for error, illegality or unconstitutionality
or any other reason whatsoever by a proceeding under Article Seventy-eight of the Civil
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Village of Cayuga Heights
Practice Law and Rules if the proceeding is commenced within ninety days after the
giving of notice of such final determination, provided, however, that any such proceeding
under said Article Seventy-eight shall not be instituted unless the amount of any tax
sought to be reviewed, with such interest and penalties thereon as may be provided for by
local law, ordinance, or resolution, shall be first deposited and an undertaking filed, in
such amount and with such sureties as a Justice of the Supreme Court shall approve to the
effect that if such proceeding be dismissed or the tax confirmed the petitioner will pay all
costs and charges which may accrue in the prosecution of such proceeding.
Section 12. Notice. Any notice authorized or required under the provisions of this law
may be given by mailing the same to the utility for which it is intended, in a postpaid
envelope, addressed to such utility at the address given by it in the last return filed by it
under this law, or if no return has been filed, then to such address as may be obtainable.
The mailing of such notice shall be presumptive evidence of the receipt of the same by
the utility to which addressed. Any period of time, which is determined according to the
provisions of this section by the giving of notice, shall commence to run from the date of
mailing of such notice.
Section 13. Refunds. If, within one year from the giving of notice of any determination
or assessment of any tax or penalty, the person liable for the tax shall make application
for a refund thereof and the Village Treasurer or the court shall determine that such tax or
penalty or any portion thereof was erroneously or illegally collected, the Village
Treasurer shall refund the amount so determined. For like cause and within the same
period, a refund may be so made on the initiative of the Village Treasurer. However, no
refund shall be made of a tax or penalty paid pursuant to a determination of the Village
Treasurer as hereinbefore provided unless the Village Treasurer, after hearing as
hereinbefore provided, or of his own motion, shall have reduced the tax or penalty or it
shall have been established in a proceeding in the manner provided in the Civil Practice
Law and Rules that such determination was erroneous or illegal. An application for a
refund, made as hereinbefore provided, shall be deemed an application for the revision of
any tax or penalty complained of and the Village Treasurer may receive additional
evidence with respect thereto. After making his determination the Village Treasurer shall
give notice thereof to the person interested, and he shall be entitled to commence a
proceeding to review such determination, in accordance with the provisions of the
following section hereof.
Section 14. Review of Proceedings for Refunds. Where any tax imposed hereunder shall
have been erroneously, illegally or unconstitutionally collected and application for the
refund thereof duly made to the Village Treasurer, and he shall have made a
determination denying such refund, such determination shall be reviewable by a
proceeding under Article Seventy-eight of the Civil Practice Law and Rules, provided,
however, that such proceeding is instituted within ninety days after the giving of the
notice of such denial, that a final determination of tax due was not previously made and
that an undertaking is filed with the Village Treasurer in such amount and with such
sureties as a Justice of the Supreme Court shall approve to the effect that if such
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Village of Cayuga Heights
proceeding be dismissed or the tax confirmed, the petitioner will pay all costs and
charges which may accrue in the prosecution of such proceeding.
Section 15. Limitation of Additional Tax. Except in the case of a willfully false or
fraudulent return with the intent to evade the tax, no assessment or additional tax shall be
made with respect to taxes imposed under this law, after the expiration of more than three
years from the date of filing of a return, provided, however, that where no return has been
filed as required hereby, the tax may be assessed at any time.
Section 16. Powers of Village Treasurer. In addition to any other powers herein given the
Village Treasurer and in order to further insure payment of the tax imposed hereby, he
shall have the power to
(a) prescribe the form of all reports and returns required to be made hereunder;
(b) take testimony and proofs, under oath, with reference to any matter hereby
entrusted to him;
(c) subpoena and require the attendance of witnesses and the production of
books, papers, records and documents.
Section 17. Enforcement. Whenever any person shall fail to pay any tax or penalty
imposed by this local law, the Village Attorney shall upon the request of the Village
Treasurer bring an action to enforce payment of the same. The proceeds of any judgment
obtained in any such action shall be paid to the Village Treasurer. Each such tax and
penalty shall be a lien upon the property of the person liable to pay the same, in the same
manner and to the same extent that the tax and penalty imposed by Section One Hundred
Eight-six-a of the Tax Law is made a lien.
Section 18. Validity. The invalidity, illegality or unconstitutionality of any section,
subsection or provision of this Local Law or any rules or regulations adopted pursuant
hereto shall not affect the validity, legality or constitutionality of any section, subsection
or provision of this Local Law or any rule or regulation adopted pursuant hereto, but shall
be confined to such section, subsection or provision of the Local Law or rule or
regulation adopted pursuant hereto which may be so condemned.
Section 19. Effective Date. This Local Law shall take effect December 1, 1968.
Local Laws Page 19
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1969
Amendment to Local Law No. 1 of the Year 1968
Utility Tax
Section 6. Returns, Filing, Contents.
(a) Time of Filing. Every utility subject to a tax hereunder shall file on or before
August 20th a return for the preceding six calendar months of January through June and
shall file on or before February 20th a return for the preceding six calendar months of July
through December including any period for which the tax imposed hereby or any
amendment hereof if effective. However, any utility whose average gross income or
gross operating income for the aforesaid six months period is less than Three Thousand
Dollars ($3,000.0) may file a return annually on October lst for the twelve calendar
months preceding each return date including any period for which the tax imposed hereby
or any amendment hereof is effective. Any utility whether subject to tax under this law
or not may be required by the Village Treasurer to file an annual return.
Effective April 1, 1969.
Local Laws Page 20
Village of Cayuga Heights
Village of Cayuga Heights
Article VIII – Sewers – Amended 6/25/73
Article VIII
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND
DRAINS, THE INSTALLATION AND CONNECTION OF SEWER CONNECTIONS,
AND THE DISCHARGE OF WATER AND WASTES INTO THE PUBLIC SEWER
SYSTEM AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF, IN THE
VILLAGE OF CAYUGA EHGIHS, COUNTY OF TOMPKINS, STATE OF NEW
YORK.
SECTION 1. USE AND PURPOSE
The design of the sewer system is based on the collection of sanitary sewage only
and the approval of the New York Department of Health was given for the construction
and use of sewers for this purpose only. No connection will be permitted to be made to
the sanitary sewer system which carries or delivers any substance or material other than
domestic sewage. Domestic sewage consists of the solid and liquid wastes from toilets,
sinks, laundry tubs and washers, both pubic and private, automobile washing stations,
cleaning or dyeing works, laundries and similar establishments, bathtubs, shower baths,
or equivalent plumbing fixtures. The drainage or flow from roofs, cellars, yards, springs,
wells, swimming pools, foundation drains, roadways, or similar water drainage, is not
domestic sewage and the draining thereof into the sanitary sewer system is prohibited.
SECTION 2.
This ordinance shall apply to all owners of property located within the Village of
Cayuga Heights, and also the owners of all other property outside of the Village of
Cayuga Heights who are connected with and use any sewer mains and lines connected to
the Village sewer collection system.
SECTION 3.
The Village Engineer shall be the Board’s authorized agent in matters falling
under this Ordinance and shall exercise those powers which are delegated to him in this
chapter or which may be reasonably required to carry out such powers. The Village
Engineer may delegate these duties to other Village employees within his department.
SECTION 4. SEWER CONNECTIONS
A. Connection with Public Sewer System Required. Except as otherwise stated
herein, the owner of any house, building, or any property used for human occupancy,
employment, recreation, or commerce, situated within the Village of Cayuga Heights and
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Village of Cayuga Heights
abutting on any street, thoroughfare, or right of way in which there is located a Village
pubic sewer system, or, if such Village public sewer system is otherwise available or
accessible to such house, building, or property, is hereby required at his expense to
connect with the Village public sewer system and, also, at his expense to install suitable
toilet facilities therein and other facilities that are required to be connected to the sewer
system and to connect such facilities directly with the public sewer in accordance with
the provisions of this Ordinance. Except as otherwise stated herein, such connection
must be made within forty-five (45) days after date of official notice to do so, except that
any house or building constructed after the effective date of this Ordinance shall be
connected to such pubic sewer system prior to occupancy of use thereof.
B. From time to time the Village Board may specifically exempt an owner of
property from the requirement of connecting with the public sewer system under certain
terms and conditions and until such time as such exemption is cancelled by the Village
Board.
SECTION 5. PERMIT.
A. No person shall uncover, make any connections with or opening into the
Village public sewer system, or construct, alter, repair, or use any drain, building sewer,
or other lateral sewer to connect with such pubic sewer, without first obtaining a written
permit from such person as the Village Board may designate. No permit shall be issued
until an application therefore has been filed by the owner of the property or his duly
authorized agent and the payment of the fee, if any, which the Village Board may from
time to time establish for such purpose. Such application shall include or be
accompanied by a description and plan of the proposed work and such other pertinent
information as may be required by eh Village Board or its duly authorized agent. Such
permit shall be kept at the site of he work and be available for inspection by any officer
of the Village or member of the Village Board or its duly authorized agent.
B. Notwithstanding anything hereinbefore contained, the issuance of the permit
shall be subject to such further requirements as may be required by any contracting
municipality. The Village Board may designate such contracting municipality as its agent
for the purpose of issuing permits.
C. The Village Board or its duly designated agent may revoke any such permit
upon written notification to the person to whom it was granted if the work is not being
done in compliance with the requirements of this Ordinance and any applicable rules and
regulations, or if the work is not being performed in a competent manner, or if the work
is not being completed within a reasonable time after the commencement thereof, or if
the work is endangering or may reasonably endanger persons or property, or upon such
other ground as the Village Board or its duly designated agent may deem to be justifiable.
SECTION 6. HOOK-UP, REPAIR, AND MAINTENANCE
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Village of Cayuga Heights
A. All interior plumbing installations and the connection of the building sewer
into the public sewer system or any alteration, repair, or addition thereto shall be made in
conformance with the requirements of this Ordinance and of such rules, regulations, and
specifications as are adopted by the Village Board.
B. No person shall uncover, make any connections with or opening into, or use,
alter, lay, or repair any public sewer or building sewer unless he is a qualified person as
required by any regulations of the Village Board which may be hereinafter adopted.
C. Conduct of Work
1. A written report to the Village Engineer, or his representative, shall be
made by the applicant for a permit, or by any person performing any work in a
public or building sewer, of every connection or disconnection to or from a public
sewer within twenty-four (24) hours of completion of such connection or
disconnection.
2. The Village Engineer or his representative or, in the case of a
contracting municipality, the appropriate official thereof, shall be notified when
the building sewer is ready for inspection and connection to the public sewer. The
connection shall be made under the supervision of such official or his
representative.
3. All work of laying building sewers and connections shall be done in
such manner and at such time as to interfere as little as possible with public travel
and convenience, and such work shall be conducted as the appropriate municipal
official may from time to time direct.
4. All excavations shall be made in a safe manner satisfactory to the
Village Engineer or his representative with barricades and lights so as to protect
the public from hazard.
5. Streets, sidewalks, and other public property disturbed in the course of
the work shall be restored in a manner satisfactory to the Village Engineer or his
representative.
6. The owner of the property on which the work is being conducted
agrees to save and hold harmless the Village of Cayuga Heights, its employees,
agents, and officers from any and all damage, cost, and liability which it or they
may incur because of any act or failure to act resulting from any work done by, or
caused to be done by the property owner. Any applicant for a permit is required to
furnish proper evidence of a sufficient insurance policy protecting the Village
against any liability for injuries to persons or property or to indemnify the Village
against any loss or damage which it may sustain.
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Village of Cayuga Heights
7. The Village Engineer or any other authorized person shall have the
power to apply any proper tests to the pipe or fitting and the owner, contractor,
or other person doing the work shall furnish all necessary tools and labor for such
tests and shall remove any defective material or repair any work improperly done
as the Village Engineer or any other authorized person shall direct without any
expense to the Village.
SECTION 7. IMPROPER USE OF SEWER AND PROPERTY.
It shall be unlawful for any person, firm or corporation:
(a) To place, deposit, or permit to be deposited, in an unsanitary manner upon
public or private property within the Village of Cayuga Heights or in ay area under the
jurisdiction of said Village, any human or animal excrement, garbage, or other
objectionable waste in an objectionable form, except as provided in the Ordinance.
(b) To construct, use, or maintain any privy, privy vault, septic tank, cesspool, or
other facility intended or used for the disposal of sewage except as provided in the
Ordinance.
(c) To uncover any portion of the public sewers or connections thereto, or to open
any manhole or appurtenance of the sewerage system, except under permit signed by the
Village Engineer or any other authorized person.
(d) To open any highway or public ground for the purpose of making any sewer
connection or to make or cause to be made any connection with this public sewer, except
under permit signed by and under the supervision of the Village Engineer or any other
authorized person.
(e) To break or cut or remove any pipe of the public sewer system, or to make or
cause to be made any connection to the said public sewers, except through the connection
branches provided for that purpose, and except under permit signed by and under the
supervision of the Village Engineer or any other authorized person. The location of said
connection branches will be designated by the Village Engineer or any other authorized
person.
(f) To discharge or cause to be discharged into any public sewer, directly or
indirectly, any overflow or drainage from manure pits, cesspools, or other receptacles
storing or constructed to store organic waste, or surface water from yards, driveways, or
roadways.
(g) To discharge or cause to be discharged in any public sewer, directly or
indirectly, or to connect or cause to be connected, any public sewer, either directly or
indirectly, any sediment traps or any pipes carrying or constructed to carry hot circulating
water, acids, germicides, grease, brewery or distillery waste water, or slops, or gasoline,
Local Laws Page 24
Village of Cayuga Heights
naphtha, benzene or similar liquid, oil, or any other industrial or trade waste, or any other
substance detrimental to or deemed by the Village Engineer to be detrimental to, the
Village sewers or to the operation of the sewerage system or the sewage treatment works.
(h) To connect steam engine exhaust or blow-off from steam boilers to the
Village sewers.
(i) To drain from washstands of public or private garages, automobile washing
stations, cleaning or dyeing works, laundries or similar establishments where gasoline,
oils, or any inflammable materials are used or stored, unless equipped with an oil
separator of approved size and design. Such separator shall be constructed of wrought
iron throughout and installed in a concrete pit or vault easily accessible for cleaning and
maintenance.
(j) To throw or deposit or cause or allow to be thrown or deposited in any fixture,
vessel, receptacle, inlet, or opening connected directly with any public sewer any garbage
which has not been properly shredded or ground and flushed with an ample amount of
water. The use of mechanical garbage grinders producing a finely-divided mass, properly
flushed with an ample amount of water, is permitted under these regulations if approved
in each instance by the Village Engineer or any other authorized person.
(k) To allow any building sewer connected with the pubic sewer to be also
connected with any privy vault, septic tank, cesspool, or underground drain, and with any
channel conveying water or filth, except such soil pipes and other plumbing works as
shall have been duly inspected and approved by the Village Engineer or any other
authorized person.
(l) Except as otherwise provided herein, to throw or deposit or cause or allow to
be thrown or deposited in any fixture, vessel, receptacle, inlet, or opening connected with
any pubic sewer, any ashes, cinders, rags, mud, straw, metal, hair, fleshings, or similar
waste materials or dead animals or waste materials of any kind or character (other than
feces, urine, toilet paper, liquid house slops or properly ground table garbage), or any
other solid or viscous substances capable of causing obstruction to the flow of the sewers,
or other interference with the roper operation of the sewage system or any other
substances that will solidify or become discernibly viscous at temperatures between 30
and 150 degrees Fahrenheit.
(m) To discharge or cause to be discharged into any public sewer any storm or
surface water, or drainage or flow from roofs, cellars, cistern tank, springs, wells, or
swimming pools, or, except as may be permitted by the Board, any discharge from a
vehicle wash rack or wash motor or from any air conditioning machine or refrigeration
unit.
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Village of Cayuga Heights
(n) To discharge or cause to be discharged into any public sewer any waters or
waste containing iron, chromium, copper, zinc, phenol, nickel, or cyanide, and similar
objectionable or toxic substances exceeding the following limits:
Maximum Limit
Substance of Concentration
Iron 0,6 mg/1
Chromium-6 0.1 mg/1
Copper 0.4 mg/1
Iron 0.6 mg/1
Zinc 0.6 mg/1
Phenol 0.002 mg/1
Nickel 1.6 mg/1
Cyanide 0.2 mg/1
(o) It shall be unlawful for any person, firm, or corporation to discharge or cause
to be discharged into any public sewer any water or wastes containing, in the opinion of
the Village, any toxic or poisonous substances in sufficient quantity to injure or interfere
with the Village sewage treatment process, to constitute a hazard to human beings or
animals, or to create any hazard in the receiving waters of the sewage treatment plant or
any waters containing, in the opinion of the Village, suspended solids of such character or
quantity that unusual attention or expense is required to handle materials at the sewage
treatment plant. (6/25/73)
SECTION 8. STOPPING IMPROPER USE
A. The Village Board may, at any time in its discretion, stop and prevent the
discharge into the sewers of any substance which it considers may injure the sewers or
interfere with their normal operation or obstruct the flow or hinder any process of sewage
purification; and it may, at any time in its discretion, sever the connection and cause the
removal of any tributary sewer or drain through which such detrimental substances are
discharged.
B. No action shall be taken by the Village to implement the foregoing provisions
unless the Village shall have given the owner at least forty-eight (48) hours notice in
writing stating the action to be taken and the grounds therefore, except that such notice
shall not be required if immediate action is necessary to prevent injury to the Village
sanitary sewer system or any part thereof.
SECTION 9. PROTECTION FROM DAMAGE
No persons shall maliciously, willfully, or negligently break, damage, destroy,
uncover the face or tamper with any structure, appurtenance or equipment which is a part
of the sewer works. Any person violating this provision shall be subject to immediate
arrest under charge of disorderly conduct.
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Village of Cayuga Heights
SECTION 10. POWERS AND AUTHORITY OF INSPECTORS
The Village Board shall authorize the Village Engineer and such persons as he
may designate to make such inspections of sewer lines or connections, to collect such
samples of sewer wastes, and to perform such other supervisor functions as may be
necessary for giving effect to the provisions of the article. (6/25/73)
SECTION 11. PENALITIES
A. Any person found to be violating any provision of this Ordinance except
Section 9 shall be served by the Village with written notice stating the nature of the
violation and providing a reasonable time limit for the satisfactory correction thereof.
The offender shall, within the period of time stated in such notice, permanently cease all
violations.
B. Any person who shall continue any violation beyond the time limit
hereinabove provided, shall be guilty of a misdemeanor, and on conviction thereof shall
be fined in the amount not exceeding $500.00 for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
C. Any person violating any of the provisions of this Ordinance shall become
liable to the Village for any expense, loss, or damage occasioned the Village by reason of
such violation.
SECTION 12. VALIDITY
A. All Ordinances or parts of Ordinances in conflict therewith are hereby
repealed.
B. The invalidity of any section, clause, sentence, or provision of this Ordinance
shall not affect the validity of any other part of this Ordinance which can be given effect
without such invalid part or parts.
SECTION 13.
The Ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
Local Laws Page 27
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1976
RESOLUTION 2557 - WATER BENEFIT CHARGES
Motion made by Trustee David Pimentel, seconded by Trustee Ronald E. Anderson:
VOTED to approve and pass Local Law 1976-1, Water Benefit Charges and the Village
Clerk directed to present a certified copy thereof to Mayor F.G. Marcham for his
signature and adoption.
Village Clerk further directed to post and publish the said Local Law pursuant to Local
Law 1965-1, providing for public notice and to file the same with the appropriate
authorities. Village Clerk duly certified to the Board that notice of a said Public Hearing
was published in The Ithaca Journal on March 30, 1976.
Section 1. The Village of Cayuga Heights by Intermunicipal Agreement with adjoining
municipalities is part of a system of water works administered by the “Southern Cayuga
Lake Intermunicipal Water Commission”; and, by agreement, the Village of Cayuga
Heights is obligated to meet the capital share of the cost of such system and project, and
its share of sums necessary for operation and maintenance of such system. The Village
has determined that a portion of the cost shall be met by water rates duly adopted by the
Village with the balance to be borne wholly by the owners of the land benefited by such
water system. The Village by agreement also imposes upon parties not now benefited but
benefited hereafter a connection charge. (See Schedule “A”).
Section 2. A potential building lot shall be any parcel of portion of a parcel of land
complying with zoning requirements of the Village for a single family dwelling.
Section 3. The benefit to each owner of real property shall be computed in units as
follows:
(a) The owner of any private single residence on any parcel which cannot be
divided into two potential building lots shall be assessed one unit. Each
additional potential building lot within the parcel, an assessment of one-third
unit shall be charged. An additional one-half unit shall be charged to any
family having two roomers, with one-half unit for each additional roomer.
(b) The owner of any potential building lot or unimproved parcel having an
average width of 125 feet or multiple thereof shall pay one-third unit for each
potential building lot. Any land 150 feet from a public road or highway is
deemed to be not benefited and shall pay a connection charge when and if
benefited, as hereafter provided.
(c) Any two-family residence, apartment house, or multiple residence, other than
a fraternity or sorority house or dormitory, shall be assessed one unit for each
apartment or dwelling unit. An additional one-half unit shall be charged to
any family having two roomers with an additional one-half unit for each
additional two roomers.
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Village of Cayuga Heights
(d) Each fraternity or sorority house or dormitory shall be assessed one unit for
each 3 occupants in the said fraternity or sorority or dormitory.
(e) The owner of any commercial or business property shall be assessed one unit
for each store or separate place of business (except supermarkets, beauty
parlors, laundromats, car washing facilities, for which see below under (h)).
The owner of each professional office shall be assessed one unit for each
office. The owner of each gas station shall be assessed one unit for each bay.
The owner of each restaurant or food service, social or recreational club, shall
be assessed one unit plus one unit for each 5,000 square feet of building floor
area or portion thereof.
(f) The owner of any school shall be assessed one unit for each 10 persons.
(g) The owner of any church shall be assessed one unit and one unit for each 10
persons taking part in regular classes other than Sunday School.
(h) Any use of property not assigned units under the classifications above shall
have its assignment of units decided by the Village Board of Trustees.
Section 4. The benefit charge for each property owner shall be shown on a separate tax
roll and shall constitute a lien pursuant to Section 5-516 Village Law of the State of New
York, and may be paid without interest or penalty on or before the first day of July, and
shall be paid as part of the Village Tax, and shall be subject to all interest and penalties as
provided for Village taxes generally. The Trustees may direct that the charge be billed
and paid separately.
Section 5. Any property owner served by an extended water main not previously
benefited, in addition to all other charges, taxes, and assessments, shall pay a connection
charge to be collected at the time of connection and to be computed as follows:
(a) If such connection occurs within one year of the date of completion of both
Southern Cayuga Lake Intermunicipal Water Commission projects, the
completion date to be determined by the Commission, there shall be no
charge.
(b) If such connection occurs one year but less than two years after such
completion, the charge shall be $50.00.
(c) If such connection occurs two years but less than ten years after such
completion, the charge shall be $50.00 plus an additional amount equal to
$50.00 multiplied by the number of full years that have passed in excess of
two since the date of completion, (i.e., if the connection occurs 4-1/2 years
after the date of completion, the charge shall be $150.00).
(d) If such connection occurs ten or more years after completion, the charge shall
be $500.00.
A connection charge shall be made for each unit as determined by Schedule “A” annexed
hereto.
Local Laws Page 29
Village of Cayuga Heights
Village of Cayuga Heights
SCHEDULE A
LOCAL LAW No. 1 of the Year 1976
DEFINITION OF UNITS FOR PURPOSES OF CONNECTION CHARGES
IN THE VILLAGE OF CAYUGA HEIGHTS, NEW YORK
A. Residence District
Single Family House 1 unit
Two-Family House 2 units
B. Multiple Housing District
Multiple Dwellings 1 unit for each dwelling unit
School (non-residential) 1 unit for each 10 persons
Church 1 unit plus 1 unit for each 10 persons
taking part in regular classes other
than Sunday School classes
Fraternity, Sorority, Dormitory 1 unit for each 3 occupants
C. Commercial District
Commercial 1 unit for each store or separate place of
business (except supermarkets, beauty
parlors, laundromats, car washing
facilities, for which see below)
Professional Office 1 unit for each office
Gas Station 1 unit for each bay
Restaurant, Food Service, Social 1 unit plus one unit for each
and Recreational Club 5,000 square feet of building
floor area
D. Special Classification
Any use of property not assigned units under the above classifications shall have its
assignment of units decided by the Village Board of Trustees.
Local Laws Page 30
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1976
Voted to approve Local Law No. 1976-2, Adoption of Plumbing Code, and the
Village Clerk is directed to present a certified copy of the Law to
Mayor F.G. Marcham for his signature and adoption.
The Village Clerk is further directed to post and publish the said Local Law pursuant to
Local Law 1965-1, providing for public notice and to file the same with the appropriate
authorities. Village Clerk duly certified to the Board that notice of a said Public Hearing
was published in the Ithaca Journal on October 22, 1976.
The Village of Cayuga Heights, by intermunicipal agreement with adjacent
municipalities, is part of a system of water works administered by the Southern Cayuga
Lake Intermunicipal Water Commission. To assure uniform procedures and policies
concerning plumbing throughout the Intermunicipal system, the Village of Cayuga
Heights hereby adopts as the standard for use throughout the Village the State Building
Construction Code applicable to plumbing, dated 1-1-73, Bulletin No. 23, with the
understanding that where more detailed information is required concerning appropriate
materials reference shall be made to the A.W.W.A. The Village of Cayuga Heights
designates the Village Engineer and /or such other persons as it may depute to make
inspections and to perform such other duties as may be necessary for giving effect to the
provisions of the aforementioned code.
Failure to comply with the provisions of this code shall constitute a violation as defined
in the Penal Law, and any offender shall be penalized in accordance therewith.
Unanimously passed.
Effective 11/12/76
Local Laws Page 31
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1977
A Local Law providing for percentage of exemption for business investment.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
Section 1. The percentage of exemption allowed for business investment pursuant to
Section 485-b of the Real Property Tax Law of the State of New York is hereby reduced
to zero.
This Local Law is subject to a permissive referendum.
Adopted at Board meeting held December 28, 1976.
Local Laws Page 32
Village of Cayuga Heights
Village of Cayuga Heights
Amendment to Local Law No. 2 of the Year 1977
SECTION 9.
After any such seizure or impounding, the owner of record of such dog, if ascertainable
from the dog’s license tag, or a member of his family at least eighteen years of age, shall
be personally served with a notice in writing stating that the dog has been seized. Such
dog so seized or impounded shall be held for a period of 5 days if unlicensed or untagged
and 12 days if licensed and wearing a license tag, during which period such dog shall be
properly fed and cared for at the expense of the municipality. During said period, the
owner of such dog may redeem the same during the business hours of the pound or place
so keeping the dog by producing a license for such dog and by paying a fee of $15 to the
clerk of the Town of Ithaca in the case of unlicensed or untagged dogs or paying a fee of
$7 to the Town clerk in the case of licensed and tagged dogs.
Local Laws Page 33
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1977
FLOOD INSURANCE PROGRAM
WHEREAS,
residents of the Village of Cayuga Heights wish to participate in the National
Flood Insurance Program; and
WHEREAS,
relief is available in the form of Federally subsidized flood insurance as
authorized by the National Flood Insurance Act of 1968, as amended; and
WHEREAS,
it is the intent of this Village Board to require the recognition and evaluation of
flood hazards in all official actions relating to land use in any areas having special flood
hazards; and
WHEREAS,
this body has the legal authority to adopt land use and control measures to reduce
future flood losses pursuant to Section 10 Municipal Home Rule and Section 4-412
Village Law
NOW, THEREFORE, BE IT RESOLVED,
that this Village Board hereby:
1. Assures the Federal Insurance Administration that it will enact as necessary
and maintain in force for those areas having flood or mudslide hazards,
adequate land use and control measures with effective enforcement provisions
consistent with the criteria set forth in Section 1910 of the National Flood
Insurance Program regulations; and
2. Vests the Village Board with the responsibility, authority, and means to:
(a) Assist the Administrator, at his request, in delineating the limits of the
areas having special flood (and/or mudslide) hazards on available local
maps of sufficient scale to identify the location of building sites.
(b) Provide such information as the Administrator may request concerning
present uses and occupancy of any designated flood plain (and/or
mudslide) area.
(c) Maintain for public inspection and furnish upon request any certificates of
floodproofing and information on the elevation of the level of lowest
habitable floor (including basement, if habitable) of all new or
substantially improved structures, and include whether or not such
structures contain a basement, and if the structure has been floodproofed,
the elevation to which the structure was flood-proofed.
(d) Cooperate with Federal, State, and local agencies and private firms which
undertake to study, survey, map, and identify flood plain or mudslide
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Village of Cayuga Heights
areas, and cooperate with neighboring communities with respect to
management of adjoining flood plain and/or mudslide areas, in order to
prevent aggravation of existing hazards.
3. Submit a report to the Administrator of any development and implementation
of flood plain (and/or mudslide area) management measures; and
4. Appoints the Village Clerk to maintain for public inspection and to furnish
upon request, a record of elevations (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved
structures located in any special flood hazard areas. If the lowest floor is
below grade on one or more sides, the elevation of the floor immediately
above must also be recorded.
WHEREAS,
the Village of Cayuga Heights has adopted and is enforcing a Zoning Map and
Zoning Law; and
WHEREAS,
the Zoning Officer must examine all plans and specifications for proposed
construction when application is made for a building permit.
NOW, THEREFORE, BE IT FURTHER RESOLVED
by the Village Board of the Village of Cayuga Heights, as follows:
that the Village Board shall, through its Zoning Officer and agents:
1. Review all building permit applications as required herein to determine
whether proposed development sites will be reasonably safe from flooding. If
a proposed development site is in a location that has a flood hazard, any
proposed development, new construction, or substantial improvement
(including pre-fabricated and mobile homes) must be in compliance with the
aforementioned Flood Plain Management Law; and
2. Review subdivision proposals and other proposed new development to
determine whether such proposals will be reasonably safe from flooding. If a
subdivision proposal or other proposed new development is in a flood prone
area, any such proposals shall be reviewed to assure that all such proposals are
consistent with the need to minimize flood damage; and
3. Obtain, review, and reasonably utilize any base flood elevation data available
from Federal, State, or other source; and
4. Agrees to take such other officials action as may be reasonably necessary to
carry out the objectives of the program.
Date passed: June 20, 1977
Local Laws Page 35
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1979
CROSS-CONNECTION CONTROL
ARTICLE 1. PURPOSE
The purpose of these regulations is to safeguard potable water supplies by
preventing back-flow into public water systems.
The regulations are to be reasonably interpreted. It is the intent of these
regulations to recognize that there are varying degrees of hazard and to apply the
principle that the degree of protection should be commensurate with the degree of hazard.
ARTICLE 2. DEFINITIONS
1. Cross-Connections. The term “cross-connection” as used in these regulations
means any unprotected connection between any part of a water system used or
intended to supply water for drinking purposes and any source or system
containing water or substance that is not or cannot be approved as equally
safe, wholesome, and potable for human consumption.
2. Approved Water Supply. The term “approved water supply” means any water
supply approved by the New York State Department of Health.
3. Auxiliary Supply. The term “auxiliary supply” means any water supply on or
available to the premises other than the approved public water supply.
4. Vacuum Breaker – Nonpressure Type. A vacuum breaker which is designed
so as not to be subjected to static line pressure.
5. Vacuum Breaker – Pressure Type. A vacuum breaker designed to operate
under conditions of static line pressure.
6. Barometric Loop. A loop of pipe rising approximately 35 feet, at its topmost
point, above the highest fixture it supplies.
7. Approved Check Valve. The term “approved check valve” means a check
valve that seats readily and completely. It must be carefully machined to have
free moving parts and assured watertightness. The face of the closure element
and valve seat must be bronze, composition, or other non-corrodible material
which will seat tightly under all prevailing conditions of field use. Pins and
bushings shall be of bronze or other non-corrodible, non-sticking material,
machined for easy, dependable operation. The closure elements, e.g., clapper,
shall be internally weighted or otherwise internally equipped to promote rapid
and positive closure in all sizes where this feature is obtainable.
8. Approved Double Check Valve Assembly. The term “approved double check
valve assembly” means an assembly of at least two independently acting
check valves, including tightly closing shutoff valves on each side of the
check valve assembly and suitable leak-detector drains plus connections
available for testing the watertightness of each check valve. This device must
be approved as a complete assembly.
9. Approved Reduction Pressure Principle Back-flow Prevention Device. The
term “approved reduced pressure principle back-flow prevention device”
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Village of Cayuga Heights
means a device to incorporate two or more check valves and an automatically
operating differential relief valve located between the two checks, two shutoff
valves, and equipped with necessary appurtenances for testing. The device
shall operate to maintain the pressure in the zone between the two check
valves, less than the pressure on the public water supply side of the device.
At cessation of normal flow, the pressure between check valves shall be
less than the supply pressure. In case of leakage of either check valve, the
differential relief valve shall operate to maintain this reduced pressure by
discharging to the atmosphere. When the inlet pressure is two pounds per
square inch or less, the relief valve shall open to the atmosphere, thereby
providing an air gap in the device. To be approved, these devices must be
readily accessible for maintenance and testing and installed in a location
where no part of the valve will be submerged. The enclosure must be self-
draining, so that the large amount of water which the relief valve may vent
will be disposed of reliably without submergence of the relief valve.
This device must also be approved as a complete assembly.
10. Air-Gap Separation. The term “air-gap separation” means a physical break
between a supply pipe and a receiving vessel. The air gap shall be at last
double the diameter of the supply pipe, measured vertically above the top rim
of the vessel, in no case less than one inch.
11. Water Supervisor. The term “water supervisor” means the consumer or a
person on the premises charged with the responsibility of complete knowledge
and understanding of the water supply piping within the premises and for
maintaining the consumer’s water system free from cross-connections and
other sanitary defects, as required by regulations and laws.
12. Certified Back-flow Prevention Device Tester – is a person who is examined
annually by the water purveyor and found competent for the testing of back-
flow prevention devices. He shall be provided with an appropriate
identification card which must be renewed annually. Failure to perform his
duties competently and conscientiously will result in prompt withdrawal of his
certification.
ARTICLE 3. PROTECTION OF PUBLIC WATER SYSTEM AT SERVICE
CONNECTION
Section I. Where Protection is Required.
1. Each service connection from a public water system for supplying water to
premises having an auxiliary water supply shall be protected against back-
flow of water from the premises into the public water system, unless the
auxiliary water supply is approved as an additional source by the water
purveyor and is satisfactory to the public health agency having jurisdiction
with regard to quality and safety.
2. Each service connection from a public water system for supplying water to
premises on which any substance is handled under pressure in such fashion as
to permit entry into the water system, shall be protected against back-flow of
the water from the premises into the public system. This shall include the
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Village of Cayuga Heights
handling of process waters and waters originating from the public water
supply system which may have been subject to deterioration in sanitary or
chemical quality.
3. Each service connection from a public water system for supplying water to
premises on which a substance of unusually toxic concentration or danger to
health is handled in liquid form, even though it is not under pressure, shall be
protected against back-flow of the water from premises into the public
system. Examples are plating factories, using cyanide, and hospitals. This is
not intended to apply to normal household installations.
4. Back-flow prevention devices shall be installed on the service connection to
any premises that have internal cross-connections, unless such cross-
connections are abated to the satisfaction of the water purveyor.
It shall be the responsibility of the water user to provide and maintain these
protective devices, and each one must be of a type acceptable to the State
Health Department.
Section II. Type of Protection
The protective device required shall depend on the degree of hazard as tabulated
below:
1. At the service connection to any premises where there is an auxiliary water
supply handled in a separate piping system with no known cross-connection,
the public water supply shall be protected by an approved double check valve
assembly.
2. At the service connection on any premise on which there is an auxiliary water
supply where cross-connections are known to exist which cannot be presently
eliminated, the public water supply system shall be protected by an air gap
separation or an approved reduced pressure principle back-flow prevention
device.
3. At the service connection to any premise on which a substance that would be
objectionable (but not necessarily hazardous to health if introduced into the
public water supply) is handled so as to constitute a cross-connection, the
public water supply shall be protected by an approved double check valve
assembly.
4. At the service connection to any premise on which a substance of unusual
toxic concentration or danger to health is or may be handled; but not under
pressure, the public water supply shall be protected by an air gap separation or
an approved reduced pressure principle back-flow prevention device. This
device shall be located as close as practicable to the water meter, and all
piping between the water meter and receiving tanks shall be entirely visible.
5. At the service connection to any premise on which any material dangerous to
health, or toxic substance in toxic concentration, is or may be handled under
pressure, the public water supply shall be protected by an air gap separation.
The air gap shall be located as close as practicable to the water meter, and all
piping between the water meter and receiving tanks shall be entirely visible. If
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Village of Cayuga Heights
these conditions cannot reasonably be met, the public water supply shall be
protected with an approved reduced pressure principle back-flow prevention
device, providing the alternative is acceptable to the water purveyor.
6. At the service connection to any sewage treatment plant or sewage pumping
station, the public water supply shall be protected by an air gap separation.
The air gap shall be located as close as practicable to the water meter and all
piping between the water meter and receiving tanks shall be entirely visible. If
these conditions cannot be reasonably met, the public water supply shall be
protected with an approved reduced pressure principle back-flow prevention
device.
Section III. Frequency of Inspection of Protective Devices.
It shall be the duty of the water user on any premise on account of which back-
flow protective devices are installed, to have competent inspections made at least once a
year, or more often in those instances where successive inspections indicate repeated
failure. These devices shall be repaired, overhauled, or replaced at the expense of the
water user whenever they are found to be defective. These tests shall be performed by a
qualified back-flow prevention device tester, and all test results will be provided to the
water purveyor within 72 hours after the test is made. Records of such tests, repairs, and
overhaul shall also be kept and made available to the water purveyor and the local health
department upon request.
ARTICLE 4. PROTECTION OF POTABLE WATER SYSTEM WITHIN
PREMISES
Section I. Separate Drinking Water Systems.
Whenever the plumbing inspector determines that it is not practical to protect
drinking water systems on premises against entry of water from a source of piping system
or equipment that cannot be approved as safe or potable for human use, an entirely
separate drinking water system shall be installed to supply water at points convenient for
consumers.
Section II. Fire Systems.
Water systems for fighting fire, derived from a supply that cannot be approved as
safe or potable for human use shall, wherever practicable, be kept wholly separate from
drinking water pipelines and equipment. In cases where the domestic water system is
used for both drinking and fire-fighting purposes, approved back-flow prevention devices
shall be installed to protect such individual drinking water lines as are not used for fire-
fighting purposes. Any auxiliary fire-fighting water supply which is not approved for
potable purposes, but which is so connected that it may be introduced into potable water
piping during an emergency, shall be equipped with an approved automatic chlorination
machine. It is hereby declared that it is the responsibility of the person or persons causing
the introduction of said unapproved or unsafe water into the pipelines to see: (1) that a
procedure be developed and carried out to notify and protect users of this piping system
during the emergency, (2) that special precautions be taken to disinfect thoroughly and
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Village of Cayuga Heights
flush out all pipelines which may become contaminated before they are again used to
furnish drinking water. In the event the means of protection of water consumers is by
disinfection of the auxiliary fire-fighting supply, the installation and its use shall be
thoroughly reliable.
The public water supply must be protected against back-flow from such dual
domestic fire systems, as detailed in Article 3.
Section III. Process Waters.
Potable water pipelines connected to equipment for industrial processes or
operations shall be protected by a suitable back-flow prevention device located beyond
the last point from which drinking water may be taken, which device shall be provided on
the feed line to process piping or equipment. In the event the particular process liquid is
especially corrosive or apt to prevent reliable action of the back-flow prevention device,
air gap separation shall be provided. These devices shall be tested by the water user at
least once a year; or more often in those instances where successive inspections indicate
repeated failure. The devices shall be repaired, overhauled, or replaced whenever they are
found to be defective. These tests must be performed by a qualified back-flow prevention
device tester and records of tests, repairs, and replacement shall be kept and made
available to the water purveyor and the health department upon request.
Section IV. Sewage Treatment Plants and Pumping Stations.
Sewage pumps shall not have priming connections directly off any drinking water
systems. No connections shall exist between the drinking water system and any other
piping, equipment, or tank in any sewage treatment plant or sewage pumping station.
Section V. Plumbing Connections.
Where the circumstances are such that there is special danger to health by the
back-flow of sewage, as from sewers, toilets, hospital bedpans, and the like, into a
drinking water system, a dependable device or devices shall be installed to prevent such
back-flow.
The purpose of these regulations is not to transcend local plumbing regulations,
but only to deal with those extraordinary situations where sewage may be forced or
drawn into the drinking water piping. These regulations do not attempt to eliminate at this
time the hazards of back-siphonage through flushometer valves on all toilets, but deal
with those situations where the likelihood of vacuum conditions in the drinking water
system is definite and there is special danger to health. Devices suited to the purpose of
avoiding back-siphonage from plumbing fixtures are roof tanks, barometric loops or
separate pressure systems separately piped to supply such fixtures, recognized approved
vacuum or siphon breaker and other back-flow protective devices which have been
proved by appropriate tests to be dependable for destroying the vacuum.
Inasmuch as many of serious hazards of this kind are due to water supply piping
which is too small, thereby causing vacuum conditions when fixtures are flushed or water
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Village of Cayuga Heights
is drawn from the system in other ways, it is recommended that water supply piping that
is too small be enlarged whenever possible.
Section VI. Pier and Dock Hydrants
Back-flow protection by a suitable back-flow prevention device shall be provided
on each drinking water pierhead outlet used for supplying vessels at piers or waterfronts.
These assemblies must be located where they will prevent the return of any water from
the vessel into the drinking water pipeline or into another adjacent vessel. This will
prevent such practices as connecting the ship fire-pumping or sanitary pumping system
with a dock hydrant and thereby pumping contaminated water into the drinking water
system, and thence to adjacent vessels or back into the public mains.
Section VII. Marking Safe and Unsafe Water Lines.
Where the premises contain dual or multiple water systems and piping, the
exposed portions of pipelines shall be painted, banded, or marked at sufficient intervals to
distinguish clearly which water is safe and which is not safe. All outlets from secondary
or other potentially contaminated systems shall be posted as being contaminated and
unsafe for drinking purposes. All outlets intended for drinking purposes shall be plainly
marked to indicate that fact.
Water Supervisor. The health department and the water purveyor shall be kept
informed of the identity of the person responsible for the water piping on all premises
concerned with these regulations. At each premise where it is necessary, in the opinion of
the water purveyor, a water supervisor shall be designated. This water supervisor shall be
responsible for the installations and use of pipelines and equipment and for the avoidance
of cross-connection.
In the event of contamination or pollution of the drinking water system due to a
cross-connection on the premises, the local health officer and water purveyor shall be
promptly advised by the person responsible for the water system so that appropriate
measures may be taken to overcome the contamination.
ARTICLE 5. RECOURSE FOR NON-COMPLIANCE
Section I.
No water service connection to any premises shall be installed or maintained by
the water purveyor, unless the water supply is protected as required by state regulations
and this rule.
Section II.
Service of water to any premises may be discontinued by the water purveyor, if a
back-flow preventive device required by this rule and regulation is not installed, tested,
and maintained; if any defect is found in an installed back-flow preventive device; if it is
found that a back-flow preventive device has been removed or bypassed; if unprotected
cross-connections exist on the premises, and service will not be restored until such
conditions or defects are corrected.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1980
DOG CONTROL
Section 1.
This Local Law is adopted pursuant to Article 7 of the Agriculture and Market
Law of the State of New York. Its purpose shall be to promote the public health, safety,
and welfare of the community, including the protection and preservation of the property
of the Village and its inhabitants, and of peace and good order, by regulating and
controlling the activities of dogs within the Village of Cayuga Heights and providing for
enforcement thereof.
Section 2.
Any person owning or harboring any dog in the Village of Cayuga Heights shall
be in violation of this Local Law if such dog, whether or not tagged or licensed and
whether or not muzzled:
a. is not restrained by an adequate collar and leash when not on the owner’s
property;
b. engages in habitual loud howling or barking so as habitually to annoy any
person;
c. causes damage or destruction to property, or defecates, urinates, or otherwise
commits a nuisance other than on the premises of the person owning or
harboring such dog;
d. when not on the owner’s property, chases or otherwise harasses any person in
such manner as reasonably to cause intimidation or to put such person in
reasonable apprehension of bodily harm or injury;
e. habitually chases or barks at motor vehicles or bicycles.
Section 3.
The Village dog warden shall, and all peace officers of the Village may,
administer and enforce the provisions of this Local Law.
Section 4.
Any person who observes a dog causing damage or destruction to property of a
person other than its owner, or committing a nuisance upon the premises of a person
other than its owner, may file a signed complaint, under oath, with the Village Justice of
the Village of Cayuga Heights specifying the objectionable conduct of the dog, the date
thereof, the damage caused, a description of the dog and name and residence, if known,
of the owner or other person harboring said dog.
Section 5.
Upon receipt by the Village Justice of any complaint against the conduct of any
particular dog, the Village Justice may summon the alleged owner or other person
harboring said dog to appear in person before him; if the summons is disregarded, the
Village Justice may permit the filing of an information and issue a warrant for the arrest
of such persons.
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Village of Cayuga Heights
Section 6.
In the event that any dog found to be in violation of the Local Law is owned by a
person under 17 years of age, the head of the household in which said person resides shall
be deemed the owner or person harboring such dog and responsible for the acts of said
dog for the purposes of this Article.
Section 7.
The fact that a dog is at large in the Village of Cayuga Heights elsewhere than on
the premises of the owner or person harboring such dog shall be presumptive evidence
that the dog has been permitted to be at large with the knowledge of the owner or person
harboring the dog.
Section 8.
Any dog found to be in violation of Section 2a of this Local Law shall be subject
to seizure and impounding by the dog warden or any peace officer. Any such dog warden
or peace officer so seizing such dog shall be empowered to exercise such degree of force
as shall be necessary to effect such seizure.
Section 9.
a. Promptly upon seizure of any identified dog, the owner of record of such dog
shall be notified personally or by certified mail, return receipt requested, of
the facts of the seizure and the procedure of redemption. If notification is
personally given, such dog shall be held for a period of seven days after day of
notice, during which period the dog may be redeemed by the owner. If such
notification is made by mail, such dog shall be held for a period of nine days
from the date of mailing, during which period the dog may be redeemed by
the owner. In either case, the owner may redeem such dog upon payment of
the impoundment fees prescribed by Section 9c of this law and by producing
proof that the dog has been licensed.
b. Each dog which is not identified, whether or not licensed, shall be held for a
period of five days from the day seized during which period the dog may be
redeemed by its owner, provided that such owner produces proof that the dog
has been licensed and has been identified and further provided that the owner
pays the impoundment fees prescribed by Section 9c of this law.
c. Impoundment fees shall be as follows:
(1) ten dollars for the first impoundment of any dog owned by that person;
or
(2) twenty dollars for the first twenty-four hours or part thereof and three
dollars for each additional twenty-four hours or part thereof for the
second impoundment, within one year of the first impoundment, of
any dog owned by that person; or
(3) thirty dollars for the first twenty-four hours or part thereof and three
dollars for each additional twenty-four hours or part thereof for the
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Village of Cayuga Heights
third and subsequent impoundments, within one year of the first
impoundment, of any dog owned by that person.
Section 10.
An owner shall forfeit title to any dog unredeemed at the expiration of the
appropriate redemption period, and the dog shall then be made available for adoption or
euthanized. No such dog shall be delivered for adoption unless it has been licensed to the
new owner prior to its release from the custody of the pound or shelter and the adoption
procedures of the pound or shelter are complied with.
Section 11.
The dog warden or peace officer shall keep a record and description of each
animal seized, the date the animal was seized, the date and manner of its disposal, and, if
redeemed, the name and address of the person by whom redeemed.
Section 12.
No person shall hinder, resist, or oppose the dog warden or any peace officer of
the Village in the performance of their duties under this Local Law.
Section 13.
A violation of this Local Law shall constitute a Violation as defined in the Penal
Law of the State of New York, and shall be punishable by a fine of not more than $25 for
each violation, or by imprisonment for a term not to exceed five days, for each violation.
These penalties shall be in addition to any other penalty provided by law.
Section 14.
If any section, paragraph, subdivision, clause, phrase, or provision of this Local
Law shall be judged invalid or held unconstitutional, it shall not affect the validity of this
Local Law as a whole or any part or provision thereof other than the part so decided to be
invalid or unconstitutional.
Section 15.
This Local Law shall take effect upon publication. (3/24/80)
Local Laws Page 44
Village of Cayuga Heights
Village of Cayuga Heights
Amendment to Article IX
Zoning Ordinance
January 4, 1980
SECTION 2.
7 b. Customary home occupation, such as dressmaking, hairdressing, laundering
home cooking, or Family Day Care Home in accordance with the Social Services Law of
the State of New York, conducted by one person only, resident in the dwelling, provided
that no goods or products are publicly displayed or offered for sale. Five members voted
yes. Trustee Philbrick opposed.
SECTION 8. PORCHES, DECKS AND CARPORTS
In determining the percentage of building coverage of a lot or the size of yards for the
purpose of this ordinance, porches, decks or carports open at the sides, but roofed, shall
be included in the building coverage. Unroofed porches or decks, the surface of which is
over two feet above the surface of the underling ground as finally graded shall also be
included in the said determination. In cases where the proposed grade line of the ground
is higher than the existing ground, the change of grade must be approved by the Zoning
Officer at the time of issuance of the zoning permit.
SECTION 9. FENCES AND WALLS
The provisions of this ordinance unless otherwise specified shall not apply to fences or
walls not over four feet high above the natural grade, or to terraces, steps, driveways,
open parking areas or other similar features. Fences over four feet in height are permitted
only when set back to the same yard requirements as for buildings. Swimming pools
other than small portable pools, shall be enclosed by protective fencing.
To take effect on publication. 1/4/80
Local Laws Page 45
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1981
TRAFFIC CONTROL
A LOCAL LAW superseding Traffic Ordinance Article IV enacted February 14, 1972.
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section 1. WORDS AND PHRASES DEFINED
Definition of words and phrases. The words and phrases used in this local law shall, for
the purpose of this local law have the meanings respectively ascribed to them by Article I
of the Vehicle and Traffic Law of the State of New York.
Section 2. TRAFFIC CONTROL DEVICES
Authority to install traffic control devices. The Police Department shall install and
maintain traffic control devices when and as required under the provisions of this local
law to make effective the provisions of said local law and may install and maintain
additional traffic control devices as it may deem necessary to regulate, warn, or guide
traffic under the Vehicle and Traffic Law of the State of New York subject to the
provisions of Sections 1682, 1683, and 1684 of that Law.
Section 3. DELEGATION OF POWERS
a. Authority of Police Department to regulate traffic. Pursuant to the provisions
of sub-section (a) of Section 1603 of the Vehicle and Traffic Law, power is
hereby delegated to the Police Department to exercise, by official order, rule,
or regulation the following powers granted to the legislative body of this
Village in Article 39 of the Vehicle and Traffic Law:
(1) Regulate the parking or the standing of vehicles on highways or streets as
follows:
(a) Both sides of streets on which the roadway is less than twenty feet
wide.
(b) One side of streets on which the roadway is from twenty feet to thirty
feet wide.
(c) Adjacent to school property.
b. Emergency and experimental regulations.
(1) Authority, limitation. The Chief of Police is hereby empowered to make
and enforce temporary or experimental traffic regulations or cover
emergencies or special conditions. No such temporary or experimental
regulation shall remain in effect for more than one hundred twenty (120)
days, without formal action by the Village Board of Trustees.
(2) Tests. The Police Chief or the Village Engineer may test traffic control
devices under actual conditions of traffic.
Section 4. TURNING MOVEMENTS
Local Laws Page 46
Village of Cayuga Heights
Prohibition of U turns. The turning of vehicles so as to proceed in the opposite direction
or U-turns are prohibited on all streets and at all intersections.
Section 5. STOP AND YIELD INTERSECTIONS
a. Through Highway, signs required. Whenever any local law of the Village
designates and describes a through highway, it shall be the duty of the Police
Department to place and maintain a stop sign on all intersecting highways.
b. Hazardous Intersections, signs required. Whenever any local law of the
Village designates intersections where a particular hazard exists upon other
than through highways, it shall be the duty of the Police Department to place
and maintain stop or yield signs as required by such local law.
c. Through Highways Designated. Those highways and parts of highways
described in the following subsections are hereby declared to be through
highways for the purpose of this section:
(1) Cayuga Heights Road.
(2) Hanshaw Road from its intersection with Cayuga Heights Road to its
intersection with North Triphammer Road.
(3) Hanshaw Road from and including its intersection with North
Triphammer Road to the East Village Line.
(4) Highgate Road from its intersection with the Parkway to and including its
intersection with Berkshire Road.
(5) Highland Road from its intersection with Hanshaw Road to the South
village Line.
(6) Highland Road from its intersection with Hanshaw Road to its
intersection with Highgate Road.
(7) Klinewoods Road from its intersection with Triphammer Road to and
including its intersection with the Parkway.
(8) Klinewoods Road from its intersection with Hanshaw Road to its
intersection with The Parkway.
(9) The Parkway from its intersection with Highland Road to and including its
intersection with East Upland Road.
(10) The Parkway from its intersection with East Upland Road to and
including its intersection with Klinewoods Road.
(11) North Sunset Drive from its intersection with Cayuga Heights Road to
the South Village Line.
(12)Triphammer Road from its intersection with Hanshaw Road to the South
Village Line.
(13) North Triphammer Road from its intersection with Hanshaw Road to the
North Village Line.
(14)Winthrop Drive from its intersection with North Triphammer Road to and
including its intersection with Simsbury Drive.
(15) Wyckoff Road from its intersection with Kline Road to the south Village
Line.
(16) Forest Drive from its intersection with The Parkway to its intersection
with Hanshaw Road.
Local Laws Page 47
Village of Cayuga Heights
d. Hazardous Intersection Designated. Those intersections described in the
following subsections are hereby designated as hazardous intersections for the
purpose of this section:
(1) A stop sign is required at the following intersections:
(a) Hanshaw Road from the West at its intersection with North
Triphammer Road.
(b) Lenox Road from the North at its intersection with Hampton Road.
(c) Comstock Road from the West at its intersection with The Parkway.
(d) Comstock Road from the East at its intersection with The Parkway.
(e) Winthrop Drive from the East at its intersection with Simsbury Drive.
(f) Oak Hill Place from the South at its intersection with Oak Hill Road.
(g) Wyckoff Road from the West at its intersection with Kline Road.
(h) Wyckoff Road from the East at its intersection with Kline Rd.
(i) Cambridge Place from the North at its intersection with Burleigh
Drive.
(2) A Yield sign is required at the following intersections:
(a) Overlook Road from the South at its intersection with Kline Road.
(b) Overlook Road from the North at its intersection with Kline Road.
(c) Forest Drive from the East at its intersection with The Parkway.
(d) The Parkway from the South at its intersection with Highgate Road.
Section 6. SPEED REGULATIONS
Maximum speed limits. Thirty (30) miles per hour is hereby established as the maximum
speed limit at which vehicles may proceed on highways within the corporate limits of this
Village except on Route 13.
Section 7. PARKING, STANDING, AND STOPPING
a. Application of Section. The provisions of this Section shall apply except when
it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control
device.
b. Parking, Standing, or Stopping in Designated Locations.
(1) The parking, standing, or stopping of vehicles is hereby prohibited in any
of the following locations:
(a) Between sidewalk and curb.
(2) The parking of vehicles is hereby prohibited in any of the following
locations:
(a) On the east side of Highland Road within the right of way line from
The Parkway North to Hanshaw Road.
(b) On both sides of Wyckoff Road within the right of way line from
Cayuga Heights Road South to the South Village Line.
(c) On both sides of Kelvin Place within the right of way line from the
South Village Line North to Brook Lane.
(d) On both sides of Brook Lane within the right of way lines from Kelvin
Place to the South Village Line.
Local Laws Page 48
Village of Cayuga Heights
(e) On the North sides of East Upland Road within the right of way line
from the intersection of Hanshaw Road and Highland Road East to
The Parkway.
(f) On both sides of Highland Road within the right of way line from The
Parkway and Kline Road South to the South Village Line.
(g) On the South side of East Upland Road within the right of way line
from the Southeast corner of the intersection of Hanshaw Road and
Highland Road East for 357 feet.
(h) On the East side of The Parkway within the right of way line from the
Northeast corner of The Parkway and Northway Road North for 172
feet.
(i) On the West side of Cayuga Heights Road within the right of way line
from the Southwest corner of Kline Road South to the South Village
Line.
(j) On the South side of Ridgewood Road within the right off way line
from the Southeast corner of Wyckoff Road South to the South Village
Line.
(k) On the East side of Cayuga Heights Road within the right of way line
from the South Village Line North for 160 feet.
(l) On both sides of Kline Road within the right of way line from Cayuga
Heights Road East to the intersection of Wyckoff Road.
(m) On both sides of Wyckoff Road within the right of way line from
Cayuga Heights Road East to the intersection of Kline Road
(n) On both sides of Triphammer Road within the right of way line from
South Village Line North to the intersection of Oak Hill Road.
(o) On the West side of Pleasant Grove Road within the right of way line
from the East Village line, at the point where it intersects the West side
of Pleasant Grove Road, North for 240 feet.
(p) On the Northeast side of Hanshaw Road within the right of way line
from the East Village Line Northwest to the intersection of North
Triphammer Road.
(q) On the Southwest side of Hanshaw Road within the right of way line
from the East Village line Northwest to the intersection of Triphammer
Road.
(r) On the Southwest side of Hanshaw Road within the right of way line
from the intersection of Triphammer Road Northwest for 100 feet.
(s) On the West side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 921 feet.
(t) On the East side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 876 feet.
(u) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(v) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
Local Laws Page 49
Village of Cayuga Heights
(w) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(x) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
(y) On the East side of North Triphammer Road within the right of way
lines from the intersection of Hanshaw Road North for 150 feet.
c. Parallel Parking. Except where angle parking is authorized, every vehicle
stopped, standing, or parked upon a highway where there are no adjacent
curbs shall be stopped, standing, or parked parallel with the edge of the
roadway headed in the direction of lawful traffic.
d. All-night Parking. The parking of a vehicle is hereby prohibited on all
highways within this Village between 2:00 a.m. and 6:00 a.m. A vehicle will
be deemed to be in violation when any tire of a vehicle is on any roadway or
within four feet of the edge of any roadway.
Section 8. REMOVAL AND STORAGE OF VEHICLES
a. Authority to Impound Vehicles
(1) When any vehicle is parked or abandoned on or within the right of
way lines of any highway within this Village during a snowstorm,
flood, fire, or public emergency which affects that portion of the
public highway upon which vehicle is parked or abandoned, said
vehicle may be removed by the Police Department.
(2) When any vehicle is found unattended within the right of way lines of
any highway within this Village where such vehicle constitutes an
obstruction to traffic, said vehicle may be removed by the Police
Department.
(3) When any vehicle is parked or abandoned on or within the right of
way lines of any highway within this Village where stopping or
parking is prohibited, the Police Department is hereby authorized to
cause such vehicle to be removed under its own power, or by towing,
to a local garage or service station.
b. Storage and Charges. After removal of any vehicle as provided in this local
law, the Police Department may store or have such vehicle stored in a suitable
place at the expense of the owner. Such owner or person in charge of the
vehicle, may redeem the same upon payment of the amount of all expenses
actually and necessarily incurred in effecting such removal.
c. Notice of Removal. The Police Department shall, without delay, ascertain to
the extent possible the owner of the vehicle removed, or person having same
in charge, and notifying him of the removal and disposition of such vehicle
and of the amount which will be required to redeem the same.
Section 9. TRUCK EXCLUSIONS
a. All trucks, tractors, and tractor-trailer combinations having a total gross
weight in excess of four (4) tons are hereby excluded from the following
highways within this Village.
Local Laws Page 50
Village of Cayuga Heights
(1) Triphammer Road
b. This exclusion shall not be construed to prevent the delivery or pick-up of
merchandise or other property along the highway from which such vehicles
and combinations are excluded.
Section 10. PENALTIES
Penalties for violation of this local law. Every person convicted of a violation of any
provision of this local law, which is not a violation of any provision of the Vehicle and
Traffic Law of the State of New York, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished in accordance therewith.
Section 11. REPEAL OF PRIOR ORDINANCES OR LOCAL LAWS
Ordinances or local laws repealed. All prior ordinances or local laws or parts of
ordinances or local laws of this Village regulating traffic are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any person for any
act done or committed in violation of any ordinance or local law hereby repealed prior to
the taking effect of this local law.
Section 12. EFFECT OF LOCAL LAW
a. Constitutionality. If any part or parts of this local law are for any reason held
to be invalid, such decision shall not affect the validity of the remaining
portions of this law.
b. Time to take effect. This local law shall take effect from and after the first day
of December 1981.
Local Laws Page 51
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1981
A LOCAL LAW ENTITLED “ENACTMENT UNDER THE PROVISIONS OF
CHAPTER 277, 1981 NEW YORK SESSION LAWS RELATING TO THE
FURNISHING OF LEGAL COUNSEL AND INDEMNIFICATION OF
EMPLOYEES.”
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section I.
To confer the benefits of Chapter 277 of the 1981 Session Laws of the State of
New York, as said section may be amended from time to time, upon the employees of the
Village of Cayuga Heights.
Section II.
The Village of Cayuga Heights agrees to be responsible for the proper costs
incurred under these provisions.
Section III.
It is intended that the benefits accorded to the employees under this Local Law
shall not be in lieu of and shall not take the place of any defense or indemnification
protection conferred by another enactment.
This Local Law shall take effect at 12:01 a.m. on the 18th day of November, 1981.
Local Laws Page 52
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1982
A LOCAL LAW entitled OPEN ALCOHOLIC BEVERAGE CONTAINER
PROHIBITION.
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section 1.
No person shall have, possess, carry or transport liquor, wine, beer or other
alcoholic beverages in or upon any public sidewalk, street, highway, parking lot, or
public park in the Village of Cayuga Heights in open bottles or other open containers, and
no person shall drink or otherwise consume liquor, wine beer or other alcoholic
beverages in or upon any public sidewalk, street, highway, parking lot or public park in
the village of Cayuga Heights.
Section 2.
The violation of any of the provisions or this Local Law shall constitute a
Violation as defined in the Penal Law of the State of New York, and shall be punishable
by a fine of not more than One Hundred Dollars ($100.00) and/or not more than fifteen
(15) days in jail.
Section 3.
This Local Law shall take effect from and after the twentieth day of August 1982.
Local Laws Page 53
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1982
TRAFFIC CONTROL
A LOCAL LAW amending and superseding Local Law No. 1 of the Year 1981.
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section 1. WORDS AND PHRASES DEFINED
Definition of words and phrases. The words and phrases used in this local law shall, for
the purpose of this local law have the meanings respectively ascribed to them by Article I
of the Vehicle and Traffic Law of the State of New York.
Section 2. TRAFFIC CONTROL DEVICES
Authority to install traffic control devices. The Police Department shall install and
maintain traffic control devices when and as required under the provisions of this local
law to make effective the provisions of said local law and may install and maintain
additional traffic control devices as it may deem necessary to regulate, warn, or guide
traffic under the Vehicle and Traffic Law of the State of New York subject to the
provisions of Sections 1682, 1683, and 1684 of that law.
Section 3. DELEGATION OF POWERS
a. Authority of Police Department to regulate traffic. Pursuant to the provisions
of sub-section (a) of Section 1603 of the Vehicle and Traffic Law, power is
hereby delegated to the Police Department to exercise, by official order, rule, or
regulation the following powers granted to the legislative body of this Village in
Article 39 of the Vehicle and Traffic Law:
(1) Regulate the parking or the standing of vehicles on highways or streets as
follows:
(a) Both sides of streets on which the roadway is less than twenty feet
wide.
(b) One side of streets on which the roadway is from twenty feet to thirty
feet wide.
(c) Adjacent to school property.
b. Emergency and experimental regulations.
(1) Authority, limitation. The Chief of Police is hereby empowered to make
and enforce temporary or experimental traffic regulations or cover
emergencies or special conditions. No such temporary or experimental
regulation shall remain in effect for more than one hundred twenty (120)
days, without formal action by the Village Board of Trustees.
(2) Tests. The Police Chief or the Village Engineer may test traffic control
devices under actual conditions of traffic.
Local Laws Page 54
Village of Cayuga Heights
Section 4. TURNING MOVEMENTS
Prohibition of U turns. The turning of vehicles so as to proceed in the opposite direction
or U-turns are prohibited on all streets and at all intersections.
Section 5. STOP AND YIELD INTERSECTIONS
a. Through Highway, signs required. Whenever any local law of the Village
designates and describes a through highway, it shall be the duty of the Police
Department to place and maintain a stop sign on all intersecting highways.
b. Hazardous Intersections, signs required. Whenever any local law of the
Village designates intersections where a particular hazard exists upon other
than through highways, it shall be the duty of the Police Department to place
and maintain stop or yield signs as required by such local law.
c. Through Highways Designated. Those highways and parts of highways
described in the following subsections are hereby declared to be through
highways for the purpose of this section:
(1) Cayuga Heights Road.
(2) Hanshaw Road from its intersection with Cayuga Heights Road to its
intersection with North Triphammer Road.
(3) Hanshaw Road from and including its intersection with North Triphammer
Road to the East Village Line.
(4) Highgate Road from its intersection with The Parkway to and including its
intersection with Berkshire Road.
(5) Highland Road from its intersection with Hanshaw Road to the South
Village Line.
(6) Highland Road from its intersection with Hanshaw Road to its intersection
with Highgate Road.
(7) Klinewoods Road from its intersection with Triphammer Road to and
including its intersection with The Parkway.
(8) Klinewoods Road from its intersection with Hanshaw Road to its
intersection with The Parkway.
(9) The Parkway from its intersection with Highland Road to and including its
intersection with East Upland Road.
(10) The Parkway from its intersection with East Upland Road to and
including its intersection with Klinewoods Road.
(11)North Sunset Drive from its intersection with Cayuga Heights Road to the
South Village Line.
(12)Triphammer Road from its intersection with Hanshaw Road to the South
Village Line.
(13) North Triphammer Road from its intersection with Hanshaw Road to the
North Village Line.
(14) Winthrop Drive from its intersection with North Triphammer Road to
and including its intersection with Simsbury Drive.
(15) Wyckoff Road from its intersection with Kline Road to the South Village
Line.
Local Laws Page 55
Village of Cayuga Heights
(16) Forest Drive from its intersection with The Parkway to its intersection
with Hanshaw Road.
d. Hazardous Intersections Designated. Those intersections described in the
following subsections are hereby designated as hazardous intersections for the
purpose of this section:
(1) A stop sign is required at the following intersections:
(a) Hanshaw Road from the West at its intersection with North
Triphammer Road.
(b) Lenox Road from the North at its intersection with Hampton Road.
(c) Comstock Road from the West at its intersection with The Parkway.
(d) Comstock Road from the East at its intersection with The Parkway.
(e) Winthrop Drive from the East at its intersection with Simsbury Drive.
(f) Oak Hill Place from the South at its intersection with Oak Hill Road.
(g) Wyckoff Road from the West at its intersection with Kline Road.
(h) Wyckoff Road from the East at its intersection with Kline Rd.
(i) Cambridge Place from the North at its intersection with Burleigh
Drive.
(2) A Yield sign is required at the following intersections:
(a) Overlook Road from the South at its intersection with Kline Road.
(b) Overlook Road from the North at its intersection with Kline Road.
(c) Forest Drive from the East at its intersection with The Parkway.
(d) The Parkway from the South at its intersection with Highgate Rd.
(e) Texas Lane Cul-De-Sac from the Southeast at its intersection with
Texas Lane.
Section 6. SPEED REGULATIONS
Maximum speed limits. Thirty (30) miles per hour is hereby established as the maximum
speed limit at which vehicles may proceed on highways within the corporate limits of this
Village except on Route 13.
Section 7. PARKING, STANDING, AND STOPPING
a. Application of Section. The provisions of this Section shall apply except when
it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control
device.
b. Parking, Standing, or Stopping in Designated Locations.
(1) The parking, standing, or stopping of vehicles is hereby prohibited in any
of the following locations:
(a) Between the sidewalk and curb.
(2) The parking of vehicles is hereby prohibited in any of the following
locations:
(a) On the east side of Highland Road within the right of way line from
The Parkway North to Hanshaw Road.
Local Laws Page 56
Village of Cayuga Heights
(b) On both sides of Wyckoff Road within the right of way line from
Cayuga Heights Road South to the South Village Line.
(c) On both sides of Kelvin Place within the right of way line from the
South Village Line North to Brook Lane.
(d) On both sides of Brook Lane within the right of way line from Kelvin
Place to the South Village Line.
(e) On the North sides of East Upland Road within the right of way line
from the intersection of Hanshaw Road and Highland Road East to
The Parkway.
(f) On both sides of Highland Road within the right of way line from The
Parkway and Kline Road South to the South Village Line.
(g) On the West side of Cayuga Heights Road within the right of way line
from the Southwest corner of Kline Road South to the South Village
Line.
(h) On the South side of Ridgewood Road within the right of way line
from the Southeast corner of Wyckoff Road South to the South Village
Line.
(i) On the East side of Cayuga Heights Road within the right of way line
from the South Village Line North for 160 feet.
(j) On both sides of Kline Road within the right of way lines from Cayuga
Heights Road East to the intersection of Wyckoff Road.
(k) On both sides of Wyckoff Road within the right of way lines from
Cayuga Heights Road East to the intersection of Kline Road.
(l) On both sides of Triphammer Road within the right of way lines from
the South Village Lane North to the intersection of Oak Hill Road.
(m) On the West side of Pleasant Grove Road within the right of way line
from the East Village Line, at the point where it intersects the West
side of Pleasant Grove Road, North for 240 feet.
(n) On the Northeast side of Hanshaw Road within the right of way line
from the East Village Line Northwest to the intersection of North
Triphammer Road.
(o) On the Southwest side of Hanshaw Road within the right of way line
from the East Village Line Northwest to the intersection of
Triphammer Road.
(p) On the Southwest side of Hanshaw Road within the right of way line
from the intersection of Triphammer Road Northwest for 100 feet.
(q) On the West side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 921 feet.
(r) On the East side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 876 feet.
(s) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(t) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
Local Laws Page 57
Village of Cayuga Heights
(u) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(v) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
(w) On the East side of North Triphammer Road within the right of way
lines from the intersection of Hanshaw Road North for 150 feet.
(x) On the South side of Country Club Road within the right of way line
from the intersection of Triphammer Road West for 225 feet.
b. Parallel Parking. Except where angle parking is authorized, every vehicle
stopped, standing, or parked upon a highway where there are no adjacent
curbs shall be stopped, standing, or parked parallel with the edge of the
roadway headed in the direction of lawful traffic.
c. All-night Parking. The parking of a vehicle is hereby prohibited on all
highways within this Village between 2:00 a.m. and 6:00 a.m. A vehicle will
be deemed to be in violation when any tire of a vehicle is on any roadway or
within four feet of the edge of any roadway.
Section 8. REMOVAL AND STORAGE OF VEHICLES
a. Authority to Impound vehicles
(1) When any vehicle is parked or abandoned on or within the right of
way lines of any highway within this Village during a snowstorm,
flood, fire, or public emergency which affects that portion of the
public highway upon which vehicle is parked or abandoned, said
vehicle may be removed by the Police Department.
(2) When any vehicle is found unattended within the right of way lines of
any highway within this Village where such vehicle constitutes an
obstruction to traffic, said vehicle may be removed by the Police
Department.
(3) When any vehicle is parked or abandoned on or within the right of
way lines of any highway within this Village where stopping or
parking is prohibited, the Police Department is hereby authorized to
cause such vehicle to be removed under its own power, or by towing,
to a local garage or service station.
d. Storage and Charges. After removal of any vehicle as provided in this local
law, the Police Department may store or have such vehicle stored in a suitable
place at the expense of the owner. Such owner or person in charge of the
vehicle, may redeem the same upon payment of the amount of all expenses
actually and necessarily incurred in effecting such removal.
e. Notice of Removal. The Police Department shall, without delay, ascertain to
the extent possible the owner of the vehicle removed, or person having same
in charge, and notify him of the removal and disposition of such vehicle and
of the amount which will be required to redeem same.
Section 9. TRUCK EXCLUSIONS
Local Laws Page 58
Village of Cayuga Heights
a. All trucks, tractors, and tractor-trailer combinations having a total gross
weight in excess of four (4) tons are hereby excluded from the following
highways within this Village.
(1) Triphammer Road
b. This exclusion shall not be construed to prevent the delivery or pick-up of
merchandise or other property along the highway from which such vehicles
and combinations are excluded.
Section 10. PENALTIES
Penalties for violation of this local law. Every person convicted of a violation of any
provision of this local law, which is not a violation of any provision of the Vehicle and
Traffic Law of the State of New York, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished in accordance therewith.
Section 11. REPEAL OF PRIOR ORDINANCES OR LOCAL LAWS
Ordinances or local laws repealed. All prior ordinances or local laws or parts of
ordinances or local laws of this Village regulating traffic are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any person for any
act done or committed in violation of any ordinance or local law hereby repealed prior to
the taking effect of this local law.
Section 12. EFFECT OF LOCAL LAW
a. Constitutionality. If any part or parts of this local law are for any reason held
to be invalid, such decision shall not affect the validity of the remaining
portions of this local law.
b. Time to take effect. This local law shall take effect from and after the first day
of December 1982.
Local Laws Page 59
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1983
OPEN ALCOHOLIC BEVERAGE CONTAINER PROHIBITION
(Amending and superseding Local Law No. 1 of the Year 1982)
BE IT ENACTED BY THE Board of Trustees of the Village of Cayuga Heights, County
of Tompkins, State of New York as follows:
Section 1. Legislative intent.
It is the intent of the Village of Cayuga Heights as an exercise of its police power, to
promote the general health, safety, and welfare of the residents and inhabitants of the
Village by enacting this Local Law, since it is the finding of the Board of Trustees that
the possession of open containers of alcoholic beverages by persons on certain public
lands, except under controlled conditions, is detrimental to the health, safety and welfare
of the residents of the Village in that such possession contributes to the development of
unsanitary conditions and the creation of nuisances, including, but not limited to, littering
and raucous or other disorderly behavior.
Section 2. Definitions.
For the purpose of this local law, the following shall have the meanings ascribed to them.
All other words shall have the meanings ascribed to them in regular usage.
a. “Alcoholic beverage” shall mean and include alcohol, spirits, liquor, wine,
beer, cider and every liquid or solid, patented or not, containing alcohol,
spirits, wine or beer and capable of being consumed by a human being.
b. “Container” shall mean any bottle, can, glass, or other receptacle suitable for,
or used to hold, any liquid.
c. “Public Lands” shall mean any highway, street, sidewalk, park, playground,
parking area, school property.
d. “Village” shall mean the Village of Cayuga Heights.
Section 3. Prohibition.
It shall be a violation of this Local Law for any person to:
a. consume any alcoholic beverage on any public land within the Village;
b. have within his, or her, possession for the purposes of consumption on public
lands by either himself, or herself, or another person any open container
containing an alcoholic beverage on any public lands within the Village.
Section 4. Application.
This Local Law shall apply to all persons on public lands in the Village except it shall not
apply to any person drinking an alcoholic beverage while operating a motor vehicle upon
any highway within the Village in violation of section 1227 of the Vehicle and Traffic
Law of the State of New York.
Section 5. Penalties.
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Village of Cayuga Heights
Each violation of this Local Law shall constitute a Violation as defined in the Penal Law
of the State of New York, and shall be punished by a fine of not more than One Hundred
Dollars ($100.00) and/or not more than fifteen (15) days in jail.
Section 6. Validity.
Should any provisions of this law be judicially determined to be invalid, the remaining
provisions shall continue in full force and effect.
Section 7. Effective date.
This Local Law shall take effect from and after the Twentieth day of September 1983.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1983
TRAFFIC CONTROL
A LOCAL LAW amending and superseding Local Law No. 2 of the Year 1982
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section 1. WORDS AND PHRASES DEFINED
Definition of words and phrases. The words and phrases used in this local law shall, for
the purpose of this local law have the meanings respectively ascribed to them by Article I
of the Vehicle and Traffic Law of the State of New York.
Section 2. TRAFFIC CONTROL DEVICES
Authority to install traffic control devices. The Police Department shall install and
maintain traffic control devices when and as required under the provisions of this local
law to make effective the provisions of said local law and may install and maintain
additional traffic control devices as it may deem necessary to regulate, warn, or guide
traffic under the Vehicle and Traffic Law of the State of New York subject to the
provisions of Sections 1682, 1683, and 1684 of that law.
Section 3. DELEGATION OF POWERS
a. Authority of Police Department to regulate traffic. Pursuant to the provisions
of sub-section (a) of Section 1603 of the Vehicle and Traffic Law, power is
hereby delegated to the Police Department to exercise, by official order, rule, or
regulation the following powers granted to the legislative body of this Village in
Article 39 of the Vehicle and Traffic Law:
(1) Regulate the parking or the standing of vehicles on highways or streets as
follows:
(a) Both sides of streets on which the roadway is less than twenty feet wide.
(b) One side of streets on which the roadway is from twenty feet to thirty feet
wide.
(c) Adjacent to school property.
b. Emergency and experimental regulations.
(1) Authority, limitation. The Chief of Police is hereby empowered to make and
enforce temporary or experimental traffic regulations or cover emergencies or
special conditions. No such temporary or experimental regulation shall remain in
effect for more than one hundred twenty (120) days, without formal action by the
Village Board of Trustees.
(2) Tests. The Police Chief or the Village Engineer may test traffic control
devices under actual conditions of traffic.
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Village of Cayuga Heights
Section 4. TURNING MOVEMENTS
Prohibition of U turns. The turning of vehicles so as to proceed in the opposite direction
or U-turns are prohibited on all streets and at all intersections.
Section 5. STOP AND YIELD INTERSECTIONS
a. Through Highway, signs required. Whenever any local law of the Village
designates and describes a through highway, it shall be the duty of the Police
Department to place and maintain a stop sign on all intersecting highways.
b. Hazardous Intersections, signs required. Whenever any local law of the Village
designates intersections where a particular hazard exists upon other than through
highways, it shall be the duty of the Police Department other than through
highways, it shall be the duty of the Police Department to place and maintain stop
or yield signs as required by such local law.
c. Through Highways Designated. Those highways and parts of highways
described in the following subsections are hereby declared to be through
highways for the purpose of this section:
(1) Cayuga Heights Road.
(2) Hanshaw Road from its intersection with Cayuga Heights Road to its
intersection with North Triphammer Road.
(3) Hanshaw Road from and including its intersection with North Triphammer
Road to the East Village Line.
(4) Highgate Road from its intersection with The Parkway to and including its
intersection with Berkshire Road.
(5) Highland Road from its intersection with Hanshaw Road to the South Village
Line.
(6) Highland Road from its intersection with Hanshaw Road to its intersection
with Highgate Road.
(7) Klinewoods Road from its intersection with Triphammer Road to and
including its intersection with The Parkway.
(8) Klinewoods Road from its intersection with Hanshaw Road to its intersection
with The Parkway.
(9) The Parkway from its intersection with Highland Road to and including its
intersection with East Upland Road.
(10) The Parkway from its intersection with East Upland Road to and including
its intersection with Klinewoods Road.
(11) North Sunset Drive from its intersection with Cayuga Heights Road to the
South Village Line.
(12) Triphammer Road from its intersection with Hanshaw Road to the South
Village Line.
(13) North Triphammer Road from its intersection with Hanshaw Road to the
North Village Line.
(14) Winthrop Drive from its intersection with North Triphammer Road to and
including its intersection with Simsbury Drive.
(15) Wyckoff Road from its intersection with Kline Road to the South Village
Line.
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Village of Cayuga Heights
(16) Forest Drive from its intersection with The Parkway to its intersection with
Hanshaw Road.
d. Hazardous Intersection Designated. Those intersections described in the
following subsections are hereby designated as hazardous intersections for the
purpose of this section:
(1) A stop sign is required at the following intersections:
(a) Hanshaw Road from the West at its intersection with North
Triphammer Road.
(b) Lenox Road from the North at its intersection with Hampton Road.
(c) Comstock Road from the West at its intersection with The Parkway.
(d) Comstock Road from the East at its intersection with The Parkway.
(e) Winthrop Drive from the East at its intersection with Simsbury Drive.
(f) Oak Hill Place from the South at its intersection with Oak Hill Road.
(g) Wyckoff Road from the West at its intersection with Kline Road.
(h) Wyckoff Road from the East at its intersection with Kline Road.
(i) Cambridge Place from the North at its intersection with Burleigh
Drive.
(2) A Yield sign is required at the following intersections:
(a) Overlook Road from the South at its intersection with Kline Road.
(b) Overlook Road from the North at its intersection with Kline Road.
(c) Forest Drive from the East at its intersection with The Parkway.
(d) The Parkway from the South at its intersection with Highgate Road.
(e) Texas Lane cul-de-sac from the Southeast at its intersection with
Texas Lane.
Section 6. SPEED REGULATIONS
Maximum speed limits. Thirty (30) miles per hour is hereby established as the maximum
speed limit at which vehicles may proceed on highways within the corporate limits of this
Village except on Route 13.
Section 7. PARKING, STANDING, AND STOPPING
a. Application of Section. The provisions of this Section shall apply except when
it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control device.
b. Parking, Standing, or Stopping in Designated Locations.
(1) The parking, standing, or stopping of vehicles is hereby prohibited in any of
the following locations:
(a) Between the sidewalk and curb.
(2) The parking of vehicles is hereby prohibited in any of the following locations:
(a) On the east side of Highland Road within the right of way line from The
Parkway North to Hanshaw Road.
(b) On both sides of Wyckoff Road within the right of way line from Cayuga
Heights Road South to the South Village Line.
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Village of Cayuga Heights
(c) On both sides of Kelvin Place within the right of way line from the South
Village Line North to Brook Lane.
(d) On both sides of Brook Lane within the right of way line from Kelvin Place
to the South Village Line.
(e) On the North sides of East Upland Road within the right of way line from the
intersection of Hanshaw Road and Highland Road East to The Parkway.
(f) On both sides of Highland Road within the right of way line from The
Parkway and Kline Road South to the South Village Line.
(g) On the West side of Cayuga Heights Road within the right of way line from
the Southwest corner of Kline Road South to the South Village Line.
(h) On the South side of Ridgewood Road within the right of way line from the
Southeast corner of Wyckoff Road South to the South Village Line.
(i) On the East side of Cayuga Heights Road within the right of way line from the
South Village Line North for 160 feet.
(j) On both sides of Kline Road within the right of way lines from Cayuga
Heights Road East to the intersection of Wyckoff Road.
(k) On both sides of Wyckoff Road within the right of way lines from Cayuga
Heights Road East to the intersection of Kline Road.
(l) On both sides of Triphammer Road within the right of way lines from the
South Village Lane North to the intersection of Oak Hill Road.
(m) On the West side of Pleasant Grove Road within the right of way line from
the East Village Line, at the point where it intersects the West side of Pleasant
Grove Road, North for 240 feet.
(n) On the Northeast side of Hanshaw Road within the right of way line from the
East Village Line Northwest to the intersection of North Triphammer Road.
(o) On the Southwest side of Hanshaw Road within the right of way line from the
East Village Line Northwest to the intersection of Triphammer Road.
(p) On the Southwest side of Hanshaw Road within the right of way line from the
intersection of Triphammer Road Northwest for 100 feet.
(q) On the West side of Pleasant Grove Road within the right of way line from
the intersection of Hanshaw Road South for 921 feet.
(r) On the East side of Pleasant Grove Road within the right of way line from the
intersection of Hanshaw Road South for 876 feet.
(s) On the West side of Triphammer Road within the right of way line from the
intersection of East Upland Road South for 100 feet.
(t) On the West side of Triphammer Road within the right of way line from the
intersection of East Upland Road North for 100 feet.
(u) On the East side of Triphammer Road within the right of way line from the
intersection of East Upland Road South for 100 feet.
(v) On the East side of Triphammer Road within the right of way line from the
intersection of East Upland Road North for 100 feet.
(w) On the East side of North Triphammer Road within the right of way lines
from the intersection of Hanshaw Road North for 150 feet.
(x) On the South side of Country Club Road within the right of way line from the
intersection of Triphammer Road West for 225 feet.
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Village of Cayuga Heights
(y) On the South side of Oak Hill Road within the right of way line from the
intersection of Triphammer Road West for 114 feet.
(z) On the North side of Oak Hill Road within the right of way line from the
intersection of Triphammer Road West for 103 feet.
(aa) On the South side of White Park Road within the right of way line from the
intersection of Triphammer Road West for 115 feet.
(bb) On the North side of White Park Road within the right of way line from the
intersection of Triphammer Road West for 137 feet.
(cc) On the South and East side of Devon Road within the right of way line from
the intersection of Hanshaw Road for 423 feet.
(dd) On the North and West side of Devon Road within the right of way line
from the intersection of Hanshaw Road West and South for 482 feet.
c. Parallel Parking. Except where angle parking is authorized, every vehicle
stopped, standing, or parked upon a highway where there are no adjacent curbs
shall be stopped, standing, or parked parallel with the edge of the roadway headed
in the direction of lawful traffic.
d. All-night Parking. The parking of a vehicle is hereby prohibited on all
highways within this Village between 2:00 a.m. and 6:00 a.m. A vehicle will be
deemed to be in violation when any tire of a vehicle is on any roadway or within
four feet of the edge of any roadway.
Section 8. REMOVAL AND STORAGE OF VEHICLES
a. Authority to Impound Vehicles
(1) When any vehicle is parked or abandoned on or within the right of way
lines of any highway within this Village during a snowstorm, flood, fire, or
public emergency which affects that portion of the public highway upon which
vehicle is parked or abandoned, said vehicle may be removed by the Police
Department.
(2) When any vehicle is found unattended within the right of way lines of any
highway within this Village where such vehicle constitutes an obstruction to
traffic, said vehicle may be removed by the Police Department.
(3) When any vehicle is parked or abandoned on or within the right of way
lines of any highway within this Village where stopping or parking is
prohibited, the Police Department is hereby authorized to cause such vehicle to
be removed under its own power, or by towing, to a local garage or service
station.
b. Storage and Charges. After removal of any vehicle as provided in this local
law, the Police Department may store or have such vehicle stored in a suitable
place at the expense of the owner. Such owner or person in charge of the vehicle,
may redeem the same upon payment of the amount of all expenses actually and
necessarily incurred in effecting such removal.
c. Notice of Removal. The Police Department shall, without delay, ascertain to
the extent possible the owner of the vehicle removed, or person having same in
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Village of Cayuga Heights
charge, and notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem same.
Section 9. TRUCK EXCLUSIONS
a. All trucks, tractors, and tractor-trailer combinations having a total gross weight
in excess of four (4) tons are hereby excluded from the following highways within
this Village.
(1) Triphammer Road
b. This exclusion shall not be construed to prevent the delivery or pick-up of
merchandise or other property along the highway from which such vehicles and
combinations are excluded.
Section 10. PENALTIES
Penalties for violation of this local law. Every person convicted of a violation of any
provision of this local law, which is not a violation of any provision of the Vehicle and
Traffic Law of the State of New York, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished in accordance therewith.
Section 11. REPEAL OF PRIOR ORDINANCES OR LOCAL LAWS
Ordinances of local laws repealed. All prior ordinances or local laws or parts of
ordinances or local laws of this Village regulating traffic are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any person for any
act done or committed in violation of any ordinance or local law hereby repealed prior to
the taking effect of this local law.
Section 12. EFFECT OF LOCAL LAW
a. Constitutionality. If any part or parts of this local law are for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of
this law.
b. Time to take effect. This Local Law shall take effect from and after the
twentieth day of September 1983.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1984
A Local Law providing for the granting of real property tax exemptions under the
Alternative Veterans’ Program, pursuant to Chapter 525, Laws of 1984, State of
New York.
Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows:
The Village of Cayuga Heights hereby grants real property tax exemptions for veterans
under the Alternative Veterans’ Exemption Program, with the following maximum levels
of exemption:
1) Basic War Veteran Exemption for those honorably discharged veterans (and certain
of their family members as set forth in the enabling legislation) who served during the
Spanish-American War, the Mexican Border period, World War I, World War II, the
Korean War, or the Vietnam War period:
15% of assessed value with a maximum of $6,000.00
2) Combat Zone Veteran Exemption for those veterans qualifying under the Basic
War Veteran Exemption who can also document service in a combat theater or zone:
additional 10% of assessed value, with a maximum of $4,000.00
3) Disabled Veteran Exemption for the qualifying veterans who have received a
service connected disability compensation rating from the Veterans’ Administration:
additional percentage of assessed value equal to 50% of disability rating, with a
maximum of $20,000.00
This Local Law is effective immediately. (10/84)
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Village of Cayuga Heights
Village of Cayuga Heights
Amendment to Article IX Zoning
Effective February 1985
Section 7. Building Coverage.
b. Frontage on Public Street: Each lot shall have a minimum frontage on a public
street of seventy-five (75) feet; except any frontage on a cul de sac in a subdivisions,
approved by Trustees, shall have such frontage as shown on the approved subdivision
plan. This ordinance shall apply to any lots hereinafter subdivided or developed by
placing a building thereon.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1985
A Local Law regarding residency of appointed Village Officers.
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
1. In lieu of any other residency requirement imposed by law, the following appointed
officers may reside in Tompkins County, the County in which the Village of Cayuga
Heights is wholly situated – Clerk, Treasurer, Zoning Officer.
2. This Local Law shall take effect upon its adoption and the compliance with all the
provisions of the Municipal Home Rule Law and other applicable statutes of the State of
New York as they pertain to the adoption of Local Laws.
This Local Law shall take effect from and after the seventeenth day of June, 1985.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1986
A Local Law to Amend the Zoning Law Regulating the Installation and
Maintenance of Antennas Within the Village of Cayuga Heights
SECTION 1. FINDINGS AND PURPOSE
The Board of Trustees of the Village of Cayuga Heights have become concerned about
the appearance and impact of antennas. The Board finds that, unless regulated, antennas
can be installed in an aesthetically unpleasant manner with an adverse impact on
surrounding property values and the enjoyment and use of surrounding properties. The
intent and purpose of this local law is to establish a procedure and criteria to avoid the
adverse impacts of the installation of all antennas and to preserve the character, beauty
and general welfare of the municipality.
SECTION 2. APPLICATION AND PROCEDURE
Any antenna installed on any building or separate therefrom is considered a structure
requiring issuance of a building permit by the building inspector. Any antenna located on
the ground must be screened from the roadway by foliage, fencing or walls, as approved
by the building inspector. No antenna shall be located on any trailer or portable device.
No antenna shall be located in any front yard as defined by the zoning ordinances of the
Village and shall be considered as an accessory structure requiring compliance with all
minimum yard requirements.
SECTION 3. PENALTIES FOR VIOLATION
Where a violation of this local law is determined to exist, the Zoning Officer shall serve,
by registered mail or personally, on the owner, agent or contractor of the subject premises
or on the leasee or tenant of the subject premises a notice of violation requiring the
removal of the violation within 10 days after service of the notice. If the person or
persons notified shall fail to remove the violation within the allotted time period, the
Zoning Officer shall commence appropriate proceedings before the Justice Court o the
Village of Cayuga Heights. The municipality may take any appropriate action or
proceeding in addition to the aforesaid remedy, including proceeding by any available
remedy. Failure to comply with the provisions of this local law shall be deemed a
violation and the violator shall be subject to a fine of not more than $50.00 for each
violation and each day’s failure to comply shall be deemed a violation.
SECTION 4. EFFECTIVE DATE
This local law shall take effect upon enactment and publication in the manner provided
by law.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1986
TRAFFIC CONTROL
A LOCAL LAW amending and superseding Local Law No. 2 of the Year 1983
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
Section 1. WORDS AND PHRASES DEFINED
Definition of words and phrases. The words and phrases used in this local law shall, for
the purpose of this local law have the meanings respectively ascribed to them by Article I
of the Vehicle and Traffic Law of the State of New York.
Section 2. TRAFFIC CONTROL DEVICES
Authority to install traffic control devices. The Police Department shall install and
maintain traffic control devices when and as required under the provisions of this local
law to make effective the provisions of said local law and may install and maintain
additional traffic control devices as it may deem necessary to regulate, warn, or guide
traffic under the Vehicle and Traffic Law of the State of New York subject to the
provisions of Sections 1682, 1683, and 1684 of that law.
Section 3. DELEGATION OF POWERS
a. Authority of Police Department to regulate traffic. Pursuant to the provisions
of sub-section (a) of Section 1603 of the Vehicle and Traffic Law, power is
hereby delegated to the Police Department to exercise, by official order, rule, or
regulation the following powers granted to the legislative body of this Village in
Article 39 of the Vehicle and Traffic Law:
(1) Regulate the parking or the standing of vehicles on Highways or streets as
follows:
(a) Both sides of streets on which the roadway is less than twenty feet
wide.
(b) One side of streets on which the roadway is from twenty feet to thirty
feet wide.
(c) Adjacent to school property.
b. Emergency and experimental regulations.
(1) Authority, limitation. The Chief of Police is hereby empowered to make
and enforce temporary or experimental traffic regulations to cover emergencies
or special conditions. No such temporary or experimental regulation shall
remain in effect for more than one hundred twenty (120) days, without formal
action by the Village Board of Trustees.
(2) Tests. The Police Chief or the Village Engineer may test traffic control
devices under actual conditions of traffic.
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Village of Cayuga Heights
Section 4. TURNING MOVEMENTS
Prohibition of U turns. The turning of vehicles so as to proceed in the opposite direction
or U-turns are prohibited on all streets and at all intersections.
Section 5. STOP AND YIELD INTERSECTIONS
a. Through Highway, signs required. Whenever any local law of the Village
designates and describes a through highway, it shall be the duty of the Police
Department to place and maintain a stop sign on all intersecting highways.
b. Hazardous Intersections, signs required. Whenever any local law of the Village
designates intersections where a particular hazard exists upon other than through
highways, it shall be the duty of the Police Department other than through
highways, it shall be the duty of the Police Department to place and maintain stop
or yield signs as required by such local law.
c. Through Highways Designated. Those highways and parts of highways
described in the following subsections are hereby declared to be through highways
for the purpose of this section:
(1) Cayuga Heights Road.
(2) Hanshaw Road from its intersection with Cayuga Heights Road to its
intersection with North Triphammer Road.
(3) Hanshaw Road from and including its intersection with North Triphammer
Road to the East Village Line.
(4) Highgate Road from its intersection with The Parkway to and including its
intersection with Berkshire Road.
(5) Highland Road from its intersection with Hanshaw Road to the South
Village Line.
(6) Highland Road from its intersection with Hanshaw Road to its intersection
with Highgate Road.
(7) Klinewoods Road from its intersection with Triphammer Road to and
including its intersection with The Parkway.
(8) Klinewoods Road from its intersection with Hanshaw Road to its
intersection with The Parkway.
(9) The Parkway from its intersection with Highland Road to and including its
intersection with East Upland Road.
(10) The Parkway from its intersection with East Upland Road to and including
its intersection with Klinewoods Road.
(11) North Sunset Drive from its intersection with Cayuga Heights Road to the
South Village Line.
(12) Triphammer Road from its intersection with Hanshaw Road to the South
Village Line.
(13) North Triphammer Road from its intersection with Hanshaw Road to the
North Village Line.
(14) Winthrop Drive from its intersection with North Triphammer Road to and
including its intersection with Simsbury Drive.
(15) Wyckoff Road from its intersection with Kline Road to the South Village
Line.
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Village of Cayuga Heights
(16) Forest Drive from its intersection with The Parkway to its intersection with
Hanshaw Road.
d. Hazardous Intersection Designated. Those intersections described in the
following subsections are hereby designated as hazardous intersections for the
purpose of this section:
(1) A stop sign is required at the following intersections:
(a) Hanshaw Road from the West at its intersection with North Triphammer
Road.
(b) Lenox Road from the North at its intersection with Hampton Road.
(c) Comstock Road from the West at its intersection with The Parkway.
(d) Comstock Road from the East at its intersection with The Parkway.
(e) Winthrop Drive from the East at its intersection with Simsbury Drive.
(f) Oak Hill Place from the South at its intersection with Oak Hill Road.
(g) Wyckoff Road from the West at its intersection with Kline Road.
(h) Wyckoff Road from the East at its intersection with Kline Road.
(i) Cambridge Place from the North at its intersection with Burleigh Drive.
(j) Cayuga Park Road from the North at its intersection with Cayuga Park
Circle.
(k) Cayuga Park Road from the Northwest at its intersection with West
Upland Road.
(2) A Yield sign is required at the following intersections:
(a) Overlook Road from the South at its intersection with Kline Road.
(b) Overlook Road from the North at its intersection with Kline Road.
(c) Forest Drive from the East at its intersection with The Parkway.
(d) The Parkway from the South at its intersection with Highgate Road.
(e) Texas Lane cul-de-sac from the Southeast at its intersection with Texas
Lane.
Section 6. SPEED REGULATIONS
Maximum speed limits. Thirty (30) miles per hour is hereby established as the maximum
speed limit at which vehicles may proceed on highways within the corporate limits of this
Village except on Route 13.
Section 7. PARKING, STANDING, AND STOPPING
a. Application of Section. The provisions of this Section shall apply except when
it is necessary to stop a vehicle to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control device.
b. Parking, Standing, or Stopping in Designated Locations.
(1) The parking, standing, or stopping of vehicles is hereby prohibited in any
of the following locations:
(a) Between the sidewalk and curb.
(2) The parking of vehicles is hereby prohibited in any of the following
locations:
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Village of Cayuga Heights
(a) On the east side of Highland Road within the right of way line from
The Parkway North to Hanshaw Road.
(b) On both sides of Wyckoff Road within the right of way line from
Cayuga Heights Road South to the South Village Line.
(c) On both sides of Kelvin Place within the right of way line from the
South Village Line North to Brook Lane.
(d) On both sides of Brook Lane within the right of way line from Kelvin
Place to the South Village Line.
(e) On the North side of East Upland Road within the right of way line
from the intersection of Hanshaw Road and Highland Road East to The
Parkway.
(f) On both sides of Highland Road within the right of way line from The
Parkway and Kline Road South to the South Village Line.
(g) On the West side of Cayuga Heights Road within the right of way line
from the Southwest corner of Kline Road South to the South Village Line.
(h) On the South side of Ridgewood Road within the right of way line
from the Southeast corner of Wyckoff Road South to the South Village
Line.
(i) On the East side of Cayuga Heights Road within the right of way line
from the South Village Line North for 160 feet.
(j) On both sides of Kline Road within the right of way lines from Cayuga
Heights Road East to the intersection of Wyckoff Road.
(k) On both sides of Wyckoff Road within the right of way lines from
Cayuga Heights Road East to the intersection of Kline Road.
(l) On both sides of Triphammer Road within the right of way lines from
the South Village Lane North to the intersection of Oak Hill Road.
(m) On the West side of Pleasant Grove Road within the right of way line
from the East Village Line, at the point where it intersects the West side of
Pleasant Grove Road, North for 240 feet.
(n) On the Northeast side of Hanshaw Road within the right of way line
from the East Village line Northwest to the intersection of North
Triphammer Road.
(o) On the Southwest side of Hanshaw Road within the right of way line
from the East Village Line Northwest to the intersection of Triphammer
Road.
(p) On the Southwest side of Hanshaw Road within the right of way line
from the intersection of Triphammer Road Northwest for 100 feet.
(q) On the West side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 921 feet.
(r )On the East side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 876 feet.
(s) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(t) On the West side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
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Village of Cayuga Heights
(u) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road South for 100 feet.
(v) On the East side of Triphammer Road within the right of way line
from the intersection of East Upland Road North for 100 feet.
(w) On the East side of North Triphammer Road within the right of way
lines from the intersection of Hanshaw Road North for 150 feet.
(x) On the South side of Country Club Road within the right of way line
from the intersection of Triphammer Road West for 225 feet.
(y) On the South Side of Oak Hill Road within the right of way from the
intersection of Triphammer Road West to the intersection of The Parkway.
(z) On the North Side of Oak Hill Road within the right of way line from
the intersection of Triphammer Road West for 103 feet.
(aa) On the South side of White Park Road within the right of way line
from the intersection of Triphammer Road West for 115 feet.
(bb) On the North side of White Park Road within the right of way line
from the intersection of Triphammer Road West for 137 feet.
(cc) On the South and East side of Devon Road within the right of way
line from the Intersection of Hanshaw Road for 423 feet.
(dd) On the North and West side of Devon Road within the right of way
line from the intersection of Hanshaw Road West and South for 482 feet.
c. Parallel Parking. Except where angle parking is authorized, every vehicle
stopped, standing, or parked upon a highway where there are no adjacent curbs
shall be stopped, standing, or parked parallel with the edge of the roadway headed
in the direction of lawful traffic.
d. All-night Parking. The parking of a vehicle is hereby prohibited on all
highways within this Village between 2:00 a.m. and 6:00 a.m. A vehicle will be
deemed to be in violation when any tire of a vehicle is on any roadway or within
four feet of the edge of any roadway.
Section 8. REMOVAL AND STORAGE OF VEHICLES
a. Authority to Impound Vehicles
(1) When any vehicle is parked or abandoned on or within the right of way lines
of any highway within this Village during a snowstorm, flood, fire, or public
emergency which affects that portion of the public highway upon which vehicle is
parked or abandoned, said vehicle may be removed by the Police Department.
(2) When any vehicle is found unattended within the right of way lines of any
highway within this Village where such vehicle constitutes an obstruction to
traffic, said vehicle may be removed by the Police Department.
(3) When any vehicle is parked or abandoned on or within the right of way lines
of any highway within this Village where stopping or parking is prohibited, the
Police Department is hereby authorized to cause such vehicle to be removed
under its own power, or by towing, to a local garage or service station.
b. Storage and Charges. After removal of any vehicle as provided in this local
law, the Police Department may store or have such vehicle stored in a suitable
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Village of Cayuga Heights
place at the expense of the owner. Such owner or person in charge of the vehicle,
may redeem the same upon payment of the amount of all expenses actually and
necessarily incurred in effecting such removal.
c. Notice of Removal. The Police Department shall, without delay, ascertain to
the extent possible the owner of the vehicle removed, or person having same in
charge, and notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem same.
Section 9. TRUCK EXCLUSIONS
a. All trucks, tractors, and tractor-trailer combinations having a total gross weight
in excess of four (4) tons are hereby excluded from the following highways within
this Village.
(1) Triphammer Road
b. This exclusion shall not be construed to prevent the delivery or pick-up of
merchandise or other property along the highway from which such vehicles and
combinations are excluded.
Section 10. PENALTIES
Penalties for violation of this local law. Every person convicted of a violation of any
provision of this local law, which is not a violation of any provision of the Vehicle and
Traffic Law of the State of New York, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished in accordance therewith.
Section 11. REPEAL OF PRIOR ORDINANCES OR LOCAL LAWS
Ordinances or local laws repealed. All prior ordinances or local laws or parts of
ordinances or local laws of this Village regulating traffic are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any person for any
act done or committed in violation of any ordinance or local law hereby repealed prior to
the taking effect of this local law.
Section 12. EFFECT OF LOCAL LAW
a. Constitutionality. If any part or parts of this local law are for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of
this local law.
b. Time to take effect. This local law shall take effect from and after the 22nd day
of December 1986.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1987
SEWERS AND DRAINS
ARTICLE VIII
LOCAL LAW REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, THE INSTALLATION AND CONNECTION OF SEWER
CONNECTIONS, AND THE DISCHARGE OF WATER AND WASTES INTO
THE PUBLIC SEWER SYSTEM AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, IN THE VILLAGE OF CAYUGA HEIGHTS,
COUNTY OF TOMPKINS, STATE OF NEW YORK.
1. GENERAL PROVISIONS
1.1 PURPOSE AND POLICY
This Local Law sets forth uniform requirements for discharge of wastewater from
residential, commercial, industrial and institutional sources to the Village of
Cayuga Heights publicly-owned treatment works (POTW).
The objectives of this Local Law are:
a. To prevent the discharge of wastewater containing pollutants which will
interfere with the operation or performance of the Cayuga Heights POTW or
which will contaminate the resulting wastewater treatment sludge;
b. To prevent the discharge of wastewater containing pollutants which will pass
through the Cayuga Heights POTW, inadequately treated, or which will
otherwise be incompatible with the wastewater treatment system;
c. To provide opportunities for recycle and reclamation of wastewaters and
sludges; and
d. To provide for equitable distribution of the cost of wastewater conveyance
and treatment as determined by the Village Board.
This Local Law provides for the regulation of wastewater discharges to the
Village of Cayuga Heights POTW through the issuance of Wastewater Discharge
Permits to Significant Industrial Users and through enforcement of general
requirements for all users. This Local Law authorizes monitoring and
enforcement activities, establishes reporting requirements for sewer users, assures
that wastewater treatment capacity provided to existing users will not be pre-
empted, and provides for the setting of fees for the equitable distribution of costs
associated with the municipal wastewater collection and treatment system.
This Local Law shall apply to all owners of property located within the Village of
Cayuga Heights and also to the owners of property located outside the Village
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Village of Cayuga Heights
who, by contract or agreement with the Village, discharge wastewater to the
Cayuga Heights POTW.
Except as provided herein, the Village Engineer shall administer, implement and
enforce the provisions of this Local Law.
1.2 DEFINITIONS
Unless the context specifically indicates otherwise, the following terms and
phrases, as used in this Local Law, shall have the meanings hereinafter
designated:
1. Act or “the Act”. The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. 1251, et. seq.
2. Authorized Representative of Industrial User. An authorized representative of
an Industrial User may be: (1) A principal executive officer of at least the
level of vice-president, if the Industrial User is a corporation; (2) A general
partner or proprietor if the industrial user is a partnership or proprietorship; (3)
A duly authorized representative of the individual designated above if such
representative is responsible for the overall operation of the facilities from
which the wastewater discharge originates.
3. Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure
(five (5) days at 20° centigrade) expressed in terms of concentration
(milligrams per liter (mq/1)).
4. Building Sewer. A sewer conveying wastewater from the premises of a User
to the POTW.
5. Chemical Oxygen Demand (COD). The quantity of oxygen utilized in the
biochemical oxidation of organic matter under standard laboratory procedure
expressed in terms of concentration (mg/1).
6. Chlorine Demand. The difference between the amount of chlorine added to
the water, sewage or industrial wastes and the amount or residual chlorine
remaining at the end of fifteen minute contact period under standard
laboratory procedure expressed in terms of concentration (mg/1).
7. Cooling Water. The water discharged from any use such as air conditioning,
cooling or refrigeration, or to which the only pollutant added is heat.
8. Environmental Protection Agency, or EPA. The U.S. Environmental
Protection Agency, or where appropriate the term may also be used as a
designation for the Administrator or other duly authorized official of said
agency.
9. Holding Tank Waste. Any waste from holding tanks such as vessels, chemical
toilets, campers, trailers, septic tanks, and vacuum-pump tank trucks.
10. Industrial Wastewater. Any liquid, gaseous or solid substance, or combination
thereof, resulting from any process of industry, manufacturing, trade or
business which is discharged to the public sewer system.
11. Interference. The term “Interference” refers to a wastewater discharge which,
alone or in combination with other wastewaters, causes or contributes to
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Village of Cayuga Heights
inhibition or disruption of the POTW treatment processes or operations
resulting in a violation of any requirement of the Village’s SPDES Permit.
The term includes prevention of the sewage sludge use or disposal by the
POTW in accordance with Section 405 of the Act, (33 U.S.C. 1345) or any
criteria, guidelines, or regulations developed pursuant to the Solid Waste
Disposal Act (SWDA), the Clean Air Act, the Toxic Substances Control Act,
or more stringent state criteria (including those contained in any State sludge
management plan prepared pursuant to Title IV of SWDA) applicable to the
method of sludge disposal or use employed by the POTW.
12. National Categorical Pretreatment Standard. Any regulation promulgated by
USEPA under the authority of Section 307(b) of the Act and 40 CFR, Section
403.5.
13. National Prohibitive Discharge Standard. Any regulation promulgated by
USEPA under the authority of section 307(b) of the Act and 40 CFR. Section
403.5.
14. Pass Through. The term “pass through” refers to the discharge of pollutants
through the POTW in quantities or concentrations which, alone or in
combination with discharges from other sources, causes violation of any
requirement of the POTW’s SPDES permit (including an increase in the
magnitude or duration of a violation).
15. Person. Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity or any other legal entity, or their legal representatives, agents or assigns.
The masculine gender shall include the feminine, the singular shall include the
plural where indicated by the context.
16. pH. The logarithm (base 10) of the reciprocal of the concentration of
hydrogen ions expressed in grams per liter of solution.
17. Pollution. The man-made or man-induced alteration of the chemical, physical,
biological, and radiological purity of water.
18. Pollutant. Any man-made or man-induced solid, liquid or gaseous substance
which alters the chemical, physical, biological or radiological purity of water.
19. Pretreatment or Treatment. The reduction of the amount of pollutants, the
elimination of pollutants or the alteration of the nature of pollutant properties
in wastewater to a less harmful state prior to or in lieu of discharging or
otherwise introducing such pollutants into a POTW. The reduction or
alteration can be obtained by physical, chemical or biological processes, or by
manufacturing process changes or by other means, except as prohibited by 40
CFR Section 403.6(d).
20. Pretreatment Requirements. Any substantive or procedural requirement
related to pretreatment, other than a National Pretreatment Standard imposed
on an industrial user.
21. Publicly Owned Treatment Works (POTW). A treatment works as defined by
Section 212 of the Act, (33 U.S.C. 1292) which is owned in this instance by
the Village of Cayuga Heights. This definition includes any sewers that
convey wastewater to the POTW treatment plant, but does not include pipes,
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Village of Cayuga Heights
sewers or other conveyances not connected to a facility providing treatment.
For the purposes of this Local Law, “POTW” shall also include any public
sewers used to convey wastewaters to the Village of Cayuga Heights
Wastewater Treatment Plant form persons located outside the Village.
22. Village’s POTW Treatment Plant. That portion of the POTW designed to
provide treatment of wastewater.
23. Shall is mandatory: May is permissive.
24. Significant Industrial User (SUI). Any Industrial User of the Village POTW
who (i) has a discharge flow of 25,000 gallons or more per average work day;
or (ii) has a flow greater than 5% of the flow in the Village’s wastewater
treatment system; or (iii) has in his wastes toxic pollutants as defined pursuant
to Section 307 of the Act; or (iv) is found by the Village, State or EPA to have
a significant impact, either singly or in combination with other wastewater
discharges, on the Village POTW including the quality of the POTW effluent,
or air emissions.
25. Slug Discharge. The term “slug discharge” refers to a short-term wastewater
discharge of high volume and/or pollutant concentration resulting from
manufacturing and/or pretreatment process upsets.
26. Standard Industrial Classification (SIC). A classification pursuant to the
Standard Industrial Classification Manual issued by the Executive Office of
the President, Office of Management and Budget, 1972.
27. State. State of New York.
28. State Pollutant Discharge Elimination System (SPEDS) Permit. A permit
issued pursuant to Title 8 of Article 17 of the Environmental Conservation
Law of New York State and in compliance with the Clean Water Act, as
amended (33 U.S.C., Section 1251 et. seq.).
29. Storm Water. Any flow occurring during or following any form of natural
precipitation and resulting therefrom.
30. Suspended Solids. The total suspended matter that floats on the surface of, or
is suspended in, water, wastewater or other liquids, and which is removable by
laboratory filtering.
31. Toxic Pollutant. Any pollutant or combination of pollutants listed as toxic in
regulations promulgated by the Administrator of the Environmental Protection
Agency under the provisions of Section 307(a) of the Clean Water Act or
other Acts.
32. User. Any person who causes or permits the discharge of wastewater to the
Village POTW.
33. Village. The Village of Cayuga Heights or the Cayuga Heights Village Board.
34. Village Board. The Cayuga Heights Village Board.
35. Wastewater. The liquid and water-carried wastes from residential dwellings,
commercial buildings, industrial facilities, and institutions, whether treated or
untreated, together with such groundwater, surface water or storm water as
cannot be avoided, which are discharged to or permitted to enter the POTW.
36. Waters of the State. All streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
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Village of Cayuga Heights
systems and all other bodies or accumulations of water, surface or
underground, natural or artificial, public or private, which are contained
within, flow through, or border upon the State or any portion thereof.
37.Wastewater Contribution Permit. As set forth in Section 4.2 of this Local Law.
2. REGULATIONS
2.1 USE OF PUBLIC SEWERS REQUIRED
a. It shall be unlawful for any person, firm, or corporation to place, deposit or
permit to be deposited, in an unsanitary manner upon public or private
property within the Village of Cayuga Heights or in any area under the
jurisdiction of said Village, any human or animal excrement, garbage, or other
pollutant except as provided in this Local Law.
b. Except as hereinafter provided, it shall be unlawful to construct, use or
maintain any privy, privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage, except as provided in this Local
Law.
c. Except as otherwise stated herein, the owner of any house, building, or any
property used for human occupancy, employment, recreation, or commerce,
situated within the Village of Cayuga Heights (and abutting on any street,
thoroughfare, or right of way in which there is located a Village public sewer
system, or, if such Village public sewer system is otherwise available or
accessible to such house, building, or property) is hereby required at his
expense to connect with the Village public sewer system and, also, at his
expense to install suitable toilet facilities therein and other facilities that are
required to be connected to the sewer system and to connect such facilities
directly with the public sewer in accordance with the provisions of this Local
Law. Except as otherwise stated herein, such connection must be made within
forty-five (45) days after date of official notice to do so, except that any house
or building constructed after the effective date of this Local Law shall be
connected to such public sewer system prior to occupancy of use thereof
d. From time to time the Village Board may specifically exempt an owner of
property from the requirement of connecting with the public sewer system
under certain terms and conditions and until such time as such exemption is
cancelled by the Village Board.
2.2 BUILDING LATERALS, STREET LATERALS, SEWER CONNECTION AND
FEES.
a. No person shall uncover nor make any connections with or opening into the
Village public sewer system, nor construct, alter, repair, or use any drain,
building sewer, nor other lateral sewer to connect with such public sewer,
without first obtaining a written permit from the Village Engineer. No permit
shall be issued until an application has been filed by the owner of the
property or his duly authorized agent and the payment of the fee, if any,
which the Village Board may from time to time establish for such purpose.
Such application shall include or be accompanied by a description and plan
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Village of Cayuga Heights
of the proposed work and such other pertinent information as may be
required by the Village Board or its duly authorized agent. Such permit shall
be kept at the site of the work and be available for inspection by any officer
of the Village or member of the Village Board or its duly authorized agent.
b. Notwithstanding anything hereinbefore contained, the issuance of the permit
shall be subject to such further requirements as may be required by any
contracting municipality. The Village Board may designate such contracting
municipality as its agent for the purpose of issuing permits.
c. The Village Board or its duly designated agent may revoke any such permit
upon written notification to the person to whom it was granted if the work is
not being done in compliance with the requirements of this Local Law and
any applicable rules and regulations, or if the work is not being performed in
a competent manner, or if the work is not being completed within a
reasonable time after the commencement thereof, or if the work is
endangering or may reasonably endanger persons or property, or upon such
other ground as the Village Board or its duly designated agent may deem to
be justifiable.
d. All interior plumbing installations and the connection of the building sewer
into the public sewer system or any alteration, repair, or addition thereto
shall be made in conformance with the requirements of this Local Law and
of such rules, regulations, and specifications as are adopted by the Village
Board.
e. No person shall uncover, make any connections with or opening into, or use,
alter, lay, or repair any public sewer or building sewer unless he is a
qualified person as required by any regulations of the Village Board which
may be hereinafter adopted.
f. Conduct of Work
1. A written report to the Village Engineer, or his representative, shall be
made by the applicant for a permit, or by any person performing any
work in a public or building sewer, of every connection or disconnection
to or from a public sewer within twenty-four (24) hours of completion of
such connection or disconnection.
2. The Village Engineer or his representative or, in the case of a contracting
municipality, the appropriate official thereof, shall be notified when the
building sewer is ready for inspection and connection to the public sewer.
The connection shall be made under the supervision of such official or
his representative.
3. All work of laying building sewers and connections shall be done in such
manner and at such time as to interfere as little as possible with public
travel and convenience, and such work shall be conducted as the
appropriate municipal official may from time to time direct.
4. All excavations shall be made in a safe manner with barricades and lights
so as to protect the public from hazard. Prior to making any excavations,
a road opening permit must be obtained from the Village Engineer.
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Village of Cayuga Heights
5. Streets, sidewalks, and other public property disturbed in the course of
the work shall be restored in a manner satisfactory to the Village
Engineer or his representative.
6. The owner of the property on which the work is being conducted agrees
to save and hold harmless the Village of Cayuga Heights, its employees,
agents, and officers from any and all damage, cost, and liability which it
or they may incur because of any act or failure to act resulting from any
work done by, or caused to be done by the property owner whether on or
off the owner’s property. Any applicant for a permit is required to furnish
proper evidence of a sufficient insurance policy protecting the Village
against any liability for injuries to persons or property or to indemnify
the Village against any loss or damage which it may sustain.
7. The Village Engineer or his representative shall have the authority to
perform any proper tests to the pipe or fitting and the owner, contractor,
or other person doing the work shall furnish all necessary tools and labor
for such tests and shall remove any defective material or repair any work
improperly done as the Village Engineer or any other authorized person
shall direct without any expense to the Village.
2.3 GENERAL DISCHARGE PROHIBITIONS.
No person shall contribute or cause to be contributed, directly or indirectly, any
pollutant and/or wastewater which will interfere with the operation or
performance of the Village of Cayuga Heights POTW. These general prohibitions
apply to all persons whether or not the person is subject to National Categorical
Pretreatment Standards or any other National, State, or local Pretreatment
Standards or Requirements. In addition, discharge of the following substances is
specifically prohibited:
a. Any storm water, surface water, groundwater, roof runoff, subsurface
drainage, non-contaminated cooling water, or unpolluted industrial
process water. Draining of any catch basin, lake, swamp, pond, or
swimming pool is prohibited, except with the permission of the Village
Engineer as evidenced by a properly issued permit.
b. Any liquids, solids or gases which by reason of their nature or quantity
are, or may be, sufficient either alone or by interaction with other
substances to cause fire or explosion or be injurious in any other way to
the POTW or to the operation of the POTW. At no time, shall two
successive readings on an explosion hazard meter, at the point of
discharge into the system (or at any point in the system) be more than five
percent (5%) nor any single reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter. Prohibited materials include, but are
not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene,
ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates,
bromates, carbides, hydrides and sulfides and any other substances which
the Village, the State or EPA has notified the user is a fire hazard or a
hazard to the system.
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Village of Cayuga Heights
c. Solid or viscous substances which may cause obstruction to the flow in a
sewer or other interference with the operation of the wastewater treatment
facilities. Prohibited substances include, but are not limited to: grease,
garbage with particles greater than one-half inch (1/2”) in any dimension,
animal guts or tissues, paunch manure, bones, hair, hides or fleshings,
entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or
marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues,
residues from refining, or processing of fuel or lubricating oil, mud, or
glass grinding or polishing wastes.
d. Any wastewater having a pH less than 5.0 or greater than 9.5, or
wastewater having any other corrosive property capable of causing
damage or hazard to structures, equipment, and/or personnel of the
POTW.
e. Any wastewater containing toxic pollutants in sufficient quantity which
can either singly or by interaction with other pollutants cause interference
with the Village POTW, constitute a hazard to living things, create a toxic
effect in the receiving waters of the POTW, or exceed the limitation set
forth in a Categorical Pretreatment Standard. A toxic pollutant shall
include but not be limited to any pollutant identified pursuant to Section
307 (a) of the Act.
f. Any noxious liquids, gases, or solids which, either singly or by interaction
with other wastes, are sufficient to create a public nuisance or hazard to
life or are sufficient to prevent entry into the sewers for maintenance and
repair.
g. Any substance which may cause the POTW’s effluent or any other
product of the POTW such as residues, sludges, or scums, to be unsuitable
for reclamation and reuse or to interfere with the reclamation process. In
no case, shall a substance discharged to the POTW cause the POTW to be
in non-compliance with sludge use or disposal criteria, guidelines or
regulations developed under Section 405 of the Act; any criteria,
guidelines, or regulations affecting sludge use or disposal developed
pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic
Substances Control Act, or State criteria applicable to the sludge
management method being used.
h. Any substance discharged at a flow rate and/or concentration which, alone
or in combination with other discharges, will cause the POTW to violate
its NPDES and/or SPDES Permit or the receiving water quality standards.
i. Any wastewater with objectionable color, as determined by the Village
Engineer, not removed in the treatment process, such as, but not limited to,
dye wastes and vegetable tanning solutions.
j. Any wastewater having a temperature which will inhibit biological
activity in the POTW treatment plant resulting in Interference, but in no
case wastewater having a temperature at the introduction into the POTW
which exceeds 40° C (104° F).
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k. Any pollutant, including oxygen demanding pollutants (BOD, etc.)
released at a flow rate and/or pollutant concentration which will cause
Interference to the POTW. In no case shall a slug load have a flow rate or
contain concentration or qualities of pollutants that exceed for any time
period longer than fifteen (15) minutes more than five (5) times the
average twenty-four (24) hour concentration, quantities, or flow during
normal operation.
l. Any wastewater containing radioactive wastes or isotopes of such half-life
or concentration as may exceed limits established by the Village Engineer
in compliance with applicable State or Federal regulations.
m. Any wastewater which cause a hazard to living things and/or creates a
public nuisance.
2.4 SPECIFIC POLLUTANT LIMITATIONS
No person shall discharge wastewater-containing pollutants in excess of the
following:
Pollutant Maximum Concentration
BOD(5) 300 mg/1
COD 600 mg/1
Total Suspended Solids 300 mg/1
Total Phosphorus (as P) 15 mg/1
Chlorine Demand 25 mg/1
Total Oil and Grease 100 mg/1
Oil & Grease, petroleum-based 50 mg/1
Cadmium (total) 0.1 mg/1
Chromium (total) 1.0 mg/1
Copper (total) 0.4 mg/1
Iron (total) 0.6 mg/1
Lead (total) 0.1 mg/1
Mercury (total) 0.001 mg/1
Nickel (total) 1.6 mg/1
Zinc (total) 1.0 mg/1
Cyanide (total) 0.2 mg/1
Phenol 0.01 mg/1
In addition to the above limits, no person shall discharge wastewater containing
toxic organic pollutants in measurable quantities as determined by laboratory
analysis using gas chromatograph/mass spectrometer (GC/MS) methods in
accordance with procedures established by USEPA and contained in 40 CFR Part
136 and amendments thereto.
2.5 VILLAGE’S RIGHT OF REVISION
The Village reserves the right to establish by local law more stringent limitations
or requirements on wastewater discharges necessary to comply with the objectives
presented in Sec. 1.1 of this Local Law.
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2.6 FEDERAL CATAGORICAL PRETREATMENT STANDARDS.
Upon the promulgation of National Categorical Pretreatment Standards for a
particular industrial subcategory, the National Standard, if more stringent than
limitations imposed under this Local Law for sources in that subcategory, shall
immediately supersede the limitations imposed under this Local Law.
2.7 STATE REQUIREMENT
State requirements and limitations on discharges shall apply in any case where
they are more stringent than Federal requirements and limitations or local
requirements and limitations presented in this Local Law.
2.8 EXCESSIVE DISCHARGE
No person shall increase the use of process water or, in any way, attempt to dilute
a discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in the National Categorical
Pretreatment Standards, or with any other pollutant-specific limitation developed
by the Village or State.
2.9 ACCIDENTAL DISCHARGES
Each person shall provide protection from accidental discharge of prohibited
materials or other substances regulated by this Local Law. Facilities to prevent
accidental discharge of prohibited materials, such as chemical spill containment
facilities, shall be provided and maintained at the owner or user’s own cost and
expense. Detailed plans showing facilities and operation procedures to provide
this protection shall be submitted by Significant Industrial Users to the Village
Engineer for review. All existing Significant Industrial Users shall complete such
a plan within three (3) months of the effective date of this Local Law. New
Significant Industrial Users shall prepare such plans and operating procedures
necessary for prevention of accidental discharges for review by the Village
Engineer prior to commencing discharge of wastewater to the Village POTW.
Review of such plans and operating procedures by the Village Engineer shall not
relieve the industrial user for the responsibility to modify the user’s facility as
necessary to meet the requirements of this Local Law. In case of an accidental
discharge, it is the responsibility of the user to immediately telephone and notify
the POTW of the incident. The notification shall include the location of the
discharge, the type of waste, including concentration and volume, and the
corrective actions taken or planned.
Written Notice
Within five (5) days following an accidental discharge; the user shall submit to
the Village Engineer a detailed written report describing the cause of the
discharge and the measures to be taken by the user to prevent similar future
occurrences such notification shall not relieve the user of any expense, loss,
damage, or other liability which may be incurred as a result of damage to the
POTW, fish kills, or any other damage to person or property; nor shall such
notification relieve the user of any fines, civil penalties, or other liability which
may be imposed by this article or other applicable law.
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Village of Cayuga Heights
Notice to Employees
A notice shall be permanently posted on the user’s bulletin board or other
prominent place advising employees whom to call in the event of an accidental
discharge. Employers shall insure that all employees who may cause such an
accidental discharge to occur are advised of the emergency notification procedure.
3. FEES
3.1 PURPOSE
It is the purpose of this section to provide for the equitable recovery of costs from
users of the Village’s wastewater treatment system for the implementation of the
program established herein. The applicable charges or fees shall be set forth in the
Village’s Schedule of Charges and Fees.
3.2 CHARGES AND FEES
The Village may adopt charges and fees which may include:
a. fees for monitoring, inspections and surveillance procedures;
b. fees for reviewing accidental discharge procedures and construction;
c. fees for permit applications;
d. fees for filing appeals;
e. other fees as the Village may deem necessary to carry out the
requirements contained herein.
These fees relate solely to the matters covered by this Local Law and are separate
from all other fees chargeable by the Village.
4. ADMINISTRATION
4.1 WASTEWATER DISCHARGE
It shall be unlawful to discharge wastewater without a permit to any natural outlet
within the Village of Cayuga Heights, or in any area under the jurisdiction of the
Village, and/or to the POTW except as authorized by the Village Engineer in
accordance with the provisions of this Local Law.
4.2 WASTEWATER DISCHARGE PERMITS
4.2.1 General Permits
All Significant Industrial Users proposing to discharge to the POTW shall
obtain a Wastewater Discharge Permit before commencing discharge. All
existing Significant Industrial Users shall obtain a Wastewater Discharge
Permit within 180 days of the effective date of this Local Law.
4.2.2 Permit Application
Significant Industrial Users required to obtain a Wastewater Discharge Permit
shall complete and file with the Village, an application in the form prescribed
by the Village, and accompanied by a fee as established by the Village Board.
Existing Significant Industrial Users shall apply for a Wastewater Discharge
Permit within 30 days after the effective date of this Local Law, and proposed
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new users shall apply at least 90 days prior to connecting to or contributing to
the POTW. In support of the application, the user shall submit, in units and
terms appropriate for evaluation, the following information:
a) Name, address, and location (if different from the address);
b) SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972, as amended;
c) Wastewater constituents and characteristics including but not
limited to those mentioned in Section 2 of this Local Law as
determined by a reliable analytical laboratory. Sampling and
analysis shall be performed in accordance with procedures
established by the EPA pursuant to Section 304 (g) of the Act and
contained in 40 CFR, Part 136, as amended;
d) Time and duration of wastewater discharge(s);
e) Average daily and 30 minute peak wastewater flow rates, including
daily, monthly and seasonal variations if any;
f) Site plans, floor plans, mechanical and plumbing plans and details
to show all sewers, sewer connections, and appurtenances by the
size, location and elevation;
g) Listing types of activities, facilities and plant processes on the
premises and materials which are or could be discharged;
h) Where known, the nature and concentration of any pollutants
contained in the wastewater discharge which are limited by any
Village, State, or Federal Pretreatment Standards, and a statement
regarding whether or not the pretreatment standards are being met
on a consistent basis and if not, whether additional Operation and
Maintenance (O&M) and/or additional pretreatment is required for
the user to meet applicable Pretreatment Standards;
i) If additional pretreatment and/or O&M will be required to meet the
Pretreatment Standards; the shortest schedule by which the user
will provide such additional pretreatment. The completion date in
this schedule shall not be later than the compliance date established
for the applicable Pretreatment Standard:
The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the
form of dates for the commencement and completion of
major events leading to the construction and operation of
additional pretreatment required for the user to meet the
applicable Pretreatment Standards (e.g., hiring an engineer,
completing preliminary plans, completing final plans,
executing contract for major components, commencing
construction, completing construction, etc.).
(2) No increment referred to in paragraph (1) shall exceed nine
(9) months.
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(3) Not later than fourteen (14) days following each date in the
schedule and the final date for compliance, the user shall
submit a progress report to the Village Engineer including,
as a minimum, the status of compliance with the increment
of progress to be met on such date and, if in
noncompliance, the date on which it expects to comply
with this increment of progress, the reason for delay, and
the steps being taken by the user to return the construction
to the schedule established. In no event shall more than
nine (9) months elapse between such progress reports to the
Village Engineer.
j) Each type of product produced and type of raw materials
processed.
k) Number of employees, hours of operation of plant and proposed or
actual hours of operation of pretreatment system.
l) Any other information as may be deemed by the Village to be
necessary to evaluate the permit application.
The Village will evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data furnished, the
Village may issue a wastewater discharge permit subject to the terms and
conditions provided therein.
4.2.3 Permit Modifications
Within nine (9) months of the promulgation of a National Categorical
Pretreatment Standard, the wastewater discharge permit of Significant
Industrial Users subject to such standards shall be revised to require
compliance with such standard within the time frame prescribed by such
standard. Where a user, subject to a National Categorical Pretreatment
Standard, has not previously submitted an application for a wastewater
discharge permit as required by Section 4.2.2 of this Local Law, the user shall
apply for a wastewater discharge permit within 180 days after promulgation of
the applicable National Categorical Pretreatment Standard the information
required by paragraph (h) and (i) of Section 4.2.2.
4.2.4 Permit Conditions
Wastewater discharge permits shall be expressly subject to all provisions of
the Local Law and all other applicable regulations, user charges and fees
established by the Village. Permits may contain the following:
a) The unit charge or schedule of user charges and fees for the
wastewater to be discharged to a community sewer;
b) Limits on the average and/or maximum concentration and/or mass
of pollutants contained in the wastewater discharge;
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c) Limits on average and maximum rate and time of wastewater
discharge or requirements for flow regulations and equalization;
flow monitoring and sampling facilities;
d) Requirements for installation and maintenance of wastewater flow
monitoring and sampling facilities;
e) Specifications for wastewater monitoring programs which may
include sampling locations, frequency of sampling, number, types
and standards for laboratory analyses and reporting schedules;
f) Compliance schedules;
g) Requirements for submission of technical reports or discharge
reports (see 4.3);
h) Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the Village, and affording
the Village access thereto;
i) Requirements for notification of the Village of any new
introduction of wastewater constituents or any substantial change
in the volume or character of the wastewater of the constituents
being introduced into the wastewater treatment system;
j) Requirements for notification of slug discharges as per Section 5.2;
k) Other conditions as deemed appropriate by the Village to ensure
compliance with this Local Law.
4.2.5 Permit Duration
Permits shall be issued for a specified time period, not to exceed five (5)
years. A permit may be issued for a period less than a year or may be stated to
expire on a specific date. The user shall apply for permit re-issuance a
minimum of 180 days prior to the expiration of the user’s existing permit. The
terms and conditions of the permit may be subject to modification by the
Village during the term of the permit as limitations or requirements as
identified in Section 2 are modified or other just cause exists. The user shall
be informed of any proposed changes in his permit at least 30 days prior to the
effective date of change. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance.
4.2.6 Permit Transfer
Wastewater Discharge Permits are issued to a specific user for a specific
operation. A wastewater discharge permit shall not be reassigned, transferred
or sold to a new owner, new user, different premises, or a new or changed
operation without the approval of the Village. Any succeeding owner or user
shall also comply with the terms and conditions of the existing permit.
4.3 REPORTING REQUIREMENTS FOR PERMITTEE
4.3.1 Compliance Date Report
Within ninety (90) days following the date for final compliance with
applicable Pretreatment Standards or, in the case of a New Source, following
commencement of the discharge of wastewater to the POTW, any user subject
to Pretreatment Standards and Requirements shall submit to the Village
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Engineer a report indicating the nature and concentration of all pollutants in
the discharge from the regulated process which are limited by Pretreatment
Standards and Requirements and the average and maximum daily flow for
these process units in the user facility which are limited by such Pretreatment
Standards or Requirements. The report shall state whether the applicable
Pretreatment Standards or Requirements are being met on a consistent basis
and, if not, what additional O&M and/or pretreatment is necessary to bring the
user into compliance with the applicable Pretreatment Standards or
Requirements. This statement shall be signed by an authorized representative
of the industrial user, and certified by a qualified professional.
4.3.2 Periodic Compliance Reports
(1) Any user subject to a National Categorical Pretreatment Standard,
after the compliance date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the discharge into the
POTW, shall submit to the Village Engineer during the months of
June and December, unless required more frequently in the
Pretreatment Standard or by the Village Engineer, a report indicating
the nature and concentration of pollutants in the effluent which are
limited by such Pretreatment Standards. In addition, this report shall
include a record of all daily flows which during the reporting period
exceeded the average daily flow reported in paragraph (b)(4) of this
section. At the discretion of the Village Engineer and in consideration
of such factors as local high or low flow rates, holidays, budget
cycles, etc., the Village Engineer may agree to alter the months
during which the above reports are to be submitted.
(2) The Village Engineer may impose mass limitations on users which
have been found to be using dilution to meet applicable Pretreatment
Standards or Requirements, or in other cases where the imposition of
mass limitations are appropriate. In such cases, the periodic
compliance reports shall indicate the mass of pollutants regulated by
Pretreatment Standards in the wastewater discharge of the user. These
reports shall contain the results of sampling and analysis of the
wastewater discharge, including the flow and the nature and
concentration, or production and mass where requested by the Village
Engineer, of pollutants contained therein which are limited by the
applicable Pretreatment Standards. The frequency of monitoring shall
be prescribed in the applicable Pretreatment Standard. All sampling
procedures and laboratory analyses shall be performed in accordance
with procedures established by EPA pursuant to Section 304(g) of the
Act and contained in 40 CFR, Part 136 and amendments thereto or
with any other test procedures approved by EPA. Wastewater
sampling shall be performed in accordance with the techniques
approved by EPA.
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(Comment: Where 40 CFR, Part 136 does not include a sampling or
analytical technique for the pollutant in question sampling and analysis
shall be performed in accordance with the procedures set forth in the EPA
publication, Sampling and Analysis Procedures for Screening of Industrial
Effluents for Priority Pollutants, April, 1977, and amendments thereto, or
with any other sampling and analytical procedures approved by the
Administrator.)
4.4 MONITORING FACILITIES
The Village shall require to be provided and operated at the user’s own expense,
monitoring facilities to allow inspection, sampling, and flow measurement of the
building sewer and/or internal drainage systems. The monitoring facility should
normally be situated on the User’s premises, but the Village may, when such a
location would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and located so that it
will not be obstructed by landscaping or parked vehicles.
There shall be ample room in or near such sampling manhole or facility to allow
accurate sampling and preparation of samples for analysis. The facility, sampling,
and measuring equipment shall be maintained at all times in a safe and proper
operating condition at the expense of the user.
Whether constructed on public or private property, the sampling and monitoring
facilities shall be provided in accordance with the Village’s requirements and all
applicable local construction standards and specifications. Construction shall be
completed within ninety (90) days following written notification by the Village.
4.5 INSPECTION AND SAMPLING
The Village shall inspect the facilities of any user to ascertain whether the
purpose of this Local Law is being met and all requirements are being complied
with. Persons or occupants of premises where wastewater and/or pollutants are
created or discharged shall allow the Village or their representative ready access
at all reasonable times to all parts of the premises for the purposes of inspection,
sampling, records examination or in the performance of any of their duties. The
Village, State and EPA shall have the right to set up on the user’s property such
devices as are necessary to conduct sampling inspection, compliance monitoring
and/or metering operations. Where a user has security measures in force which
would require proper identification and clearance before entry into their premises,
the user shall make necessary arrangements with their security guards so that
upon presentation of suitable identification, personnel from the Village, State and
EPA will be permitted to enter, without delay, for the purposes of performing
their specific responsibilities.
4.6 PRETREATMENT
Significant Industrial Users shall provide pretreatment of wastewaters and/or
pollutants as required to comply with this Local Law and with all applicable
National Categorical Pretreatment Standards within the specified time frame. Any
facilities required for pretreatment of wastewater shall be provided, operated, and
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Village of Cayuga Heights
maintained at the user’s expense. Detailed plans showing the pretreatment
facilities and operating procedures shall be submitted to the Village Engineer for
review. The review of such plans and operating procedures will in no way relieve
the user from the responsibility of modifying the facility as necessary to produce
an effluent acceptable to the Village under the provisions of this Local Law. Any
subsequent changes in the pretreatment facilities or method of operation shall be
reported to and be acceptable to the Village prior to the user’s initiation of the
changes.
The Village shall annually publish in the largest local newspaper a list of the
Significant Industrial Users determined to be in noncompliance with any
Pretreatment Requirements or Standards at least once during the twelve previous
months. The notification shall also summarize any enforcement actions by the
Village against the user(s) during the same twelve months.
All records relating to compliance with Pretreatment Standards shall be made
available to officials of the EPA, the State, and the Village upon request.
4.7 CONFIDENTIAL INFORMATION
Information and data on a user obtained from reports, questionnaires, permit
applications, permits and monitoring programs and from inspections shall be
available to the public or other governmental agency without restriction unless the
User specifically requests and is able to demonstrate to the satisfaction of the
Village that the release of such information would divulge information, processes
or methods or production entitled to protection as trade secrets of the user.
When requested by the person furnishing a report, the portions of a report which
might disclose trade secrets shall not be made available for inspection by the
public but shall be made available upon written request to governmental agencies
for uses related to this Local Law, the National Pollutant Discharge Elimination
System (NPDES) Permit, State Pollutant Discharge Elimination Systems
(SPDES) permit and/or the Pretreatment Programs; provided, however, that such
portions of a report shall be available for use by the State or any state agency in
judicial review or enforcement proceedings involving the person furnishing the
report. Information regarding wastewater constituents (including pollutants) and
characteristics will not be recognized as confidential information.
Information accepted by the Village as confidential, shall not be transmitted to
any governmental agency or to the general public by the Village until and unless a
ten-day notification is given to the user.
5. ENFORCEMENT
5.1 VIOLATION OF LOCAL LAW
a) Whenever the Village finds that any user has violated or is violating this Local
Law, wastewater contribution permit, or any prohibition, limitation or
requirements contained herein, the Village may serve upon such person a
written notice stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be submitted to
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the Village by the user. The Village shall give the offender a reasonable time
for correction thereof.
b) Any person, who shall continue any violation beyond the time limit
hereinabove provided, shall be guilty of a violation as defined in the Penal
Law of the State of New York. Each day in which any such violation shall
continue shall be deemed a separate offense.
c) Any person violating any of the provisions of this Local Law shall become
liable to the Village for a civil penalty pursuant to Section 6.1 herein for any
expense, loss, or damage occasioned the Village by reason of such violation.
5.2 SUSPENSION OF SERVICE AND/OR PERMIT
The Village may suspend the wastewater treatment service and/or a Wastewater
Discharge Permit when such suspension is necessary, in the opinion of the
Village, in order to stop an actual or threatened discharge which presents or may
present an imminent or substantial endangerment to the health or welfare of
persons, to the environment (including soil, water and atmosphere), causes
interference to the POTW or causes the Village to violate any condition of its
SPDES Permit.
Any person notified of a suspension of the wastewater treatment service and/or
the Wastewater Discharge Permit shall immediately stop or eliminate the
wastewater discharge. In the event of failure of the person to comply voluntarily
with the suspension order, the Village shall take such steps as deemed necessary
including immediate severance of the sewer connection, to prevent or minimize
damage to the POTW system or endangerment to any individuals. The Village
shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment
service upon proof of the elimination of the non-complying discharge. A detailed
written statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall be
submitted to the Village within 15 days of the date of occurrence.
5.3 REVOCATION OF PERMIT
Any user who violates the following conditions of this Local Law, or applicable
State and Federal regulations, is subject to having his permit revoked in
accordance with the procedures of Section 5.4 of this Local Law:
a) Failure of a user to factually report the wastewater constituents (including
pollutants) and characteristics of his discharge;
b) Failure of a user to report significant changes in operations, or wastewater
constituents and characteristics;
c) Refusal of reasonable access to the user’s premises for the purpose of
inspection or monitoring; or,
d) Violation of conditions of the permit.
5.4 SHOW CAUSE OF HEARING
5.4.1 Notice of Hearing
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The Village may order any user who violates Section 5.3 herein to show cause
before the Village Board why his permit should not be revoked. A notice shall
be served on the user specifying the time and place of a hearing to be held by
the Village Board regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing the user to show cause
before the Village Board why the proposed enforcement action should not be
taken. The notice of the hearing shall be served personally or by registered or
certified mail (return receipt requested) at least ten (10) days before the
hearing. Service may be made on any agent or officer of a corporation.
5.4.2 Conduct of Hearing
The Village Board may itself conduct the hearing and take the evidence, or
may designate the Village Engineer to:
a) Issue in the name of the Village Board notices of hearings requesting
the attendance and testimony of witnesses and the production of
evidence relevant to any matter involved in such hearings;
b) Take the evidence;
c) Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Village
Board for action thereon.
5.4.3 Hearing Testimony
At any hearing held pursuant to this Local Law, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded, will be
made available to any member of the public or any party to the hearing upon
payment of the usual charges thereof.
5.4.4 Hearing Order
After the Village Board has reviewed the evidence, it may issue an order to
the user responsible for the discharge directing that, following a specified time
period, the sewer service be discontinued and the permit revoked, unless
adequate treatment facilities, devices or other related appurtenances shall have
been installed on existing treatment facilities, devices or other related
appurtenances are properly operated. Further orders and directives as are
necessary and appropriate may be issued.
5.5.1 Legal Action
In addition to other hearings, actions or remedies provided herein, the
Village Attorney may commence an action for appropriate legal and/or
equitable relief in the (Supreme) Court of this State.
6. CIVIL COSTS AND CRIMINAL PENALTIES
6.1 CIVIL PENALTIES
Any user who is found to have violated on Order of the Village Board or who
willfully or negligently failed to comply with any provision of this Local Law,
and the orders, rules, regulations and permits issued hereunder, may be fined an
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Village of Cayuga Heights
amount as determined by the Village Board not to exceed the cost incurred by the
Village due to such violation for each offense. Each day on which a violation
occurs or continues shall be deemed a separate and distinct offense. These costs
may include reasonable attorneys’ fees, court costs, court reporters’ fees and other
expenses of litigation by appropriate suit at law against the person found to have
violated this Local Law or the orders, rules, regulations, and permits issued
hereunder.
6.2 FALSIFYING INFORMATION
Any person who knowingly makes any false statements, representation or
certification in any application, record, report, plan or other document filed or
required to be maintained pursuant to this Local Law, or Wastewater Discharge
Permit, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Local Law, shall be guilty of a
violation as defined in the Penal Law of the State of New York.
6.3 CRIMINAL PENALTY
Any person who violates Section 5.1 of this Local Law shall be guilty of a
violation as defined in the Penal Law of the State of New York.
7. VALIDITY
7.1 TIME LOCAL LAW TAKES EFFECT
This Local Law to take effect upon filing with the Secretary of State.
7.2 REPEAL OF OTHER ORDINANCES
All other ordinances conflicting with any part of this Local Law are hereby
repealed.
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Village of Cayuga Heights
Local Law No. 2 of the Year 1987
AMENDMENT TO SIGN ORDINANCE
SECTION 17. SIGNS
The purpose of this local law is to promote and protect the public health, welfare and
safety of the Village of Cayuga Heights by regulating existing and proposed indoor and
outdoor signs of all types.
As used in this local law unless otherwise expressly stated:
“Sign” shall mean any material, structure or device of fixed location and
stationary components which is used to advertise or promote the interests of any
person or business when the same is placed in view of the general public.
“Indoor Signs” are signs inside of buildings, which are designed and placed to be
read from outside the building.
“Erect” shall mean to display, relocate, place, affix or maintain any sign, and shall
also include the painting of exterior wall signs.
The “face” of a building shall mean any outer surface of a building, which is
visible from any private or public street or highway except the roof or roofs.
The “front” of a building shall mean that face which contains the front entrance.
“Illuminated sign” shall mean any sign illuminated directly or indirectly by
electricity, gas, or other artificial light, including reflective or phosphorescent
light originating from outside the body of the sign or from within or behind it.
“Projecting sign” shall mean any sign which projects from the exterior of any
building.
“On premises sign” shall mean any sign related to an activity, business or
profession conducted, or to a commodity or service sold or offered upon the
premises where such sign is located.
“Sign area” shall mean the surface area of the sign including the frame, plate or
structure used to hold up any lettering or pictorial matter. In the event a sign is
attached, painted or applied to the front or face of a building or is irregular in
shape the area of the sign shall be taken as the area of the smallest rectangle that
can be placed over the entire sign, including its lettering, devices, frame and
decorative moldings along its edges, and background, if of a different color than
the predominant color surrounding the sign except as otherwise provided herein.
In the event that both upper case and lower case letters are used in a lettered wall
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sign, the area shall be defined by the smallest rectangles that can be placed over
the series of lower case letters plus the area of the smallest rectangles that can be
placed over the upper case letters. In the event that a letter or letters or other
pictorial matter are placed as separate units on background boards, the sign area
shall be calculated as the sum of the areas of the background boards. In the case
of a flat or two-sided free standing sign, the sign area is considered to be the
entire surface area of one face of the sign.
“Free standing sign” shall mean any sign or sign structure not attached to the
exterior of a building.
“Shopping center” or “multi-use commercial facility” shall mean any group of
two or more stores for which there is provided off-street parking.
A. General Regulations
1. Any illuminated sign or lighting device shall employ only lights emitting a
light of constant intensity. The lights shall be so regulated as to direction and
intensity that they cause no nuisance or traffic hazard.
2. A sign may project horizontally not more than two feet from the front or
face of a building.
3. Outdoor signs may be placed only on the faces of a building.
4. Only “on premises signs” as provided in this local law are permitted.
5. The maximum height of any part of a freestanding sign shall be six feet
above ground level.
B. Permitted Signs in all Districts.
1. The following signs in any area of the Village are permitted without a
permit:
a. Signs advertising the proposed sale, lease, or rental of the premises
upon which the sign is located, which sign shall not exceed 4 square feet
in area.
b. Professional nameplates that shall not exceed 2 square feet in area.
c. Signs denoting the name and address of the occupants of premises used
for residential purposes which signs shall not exceed 1 square foot in area.
d. Directional (entrance/exit) signs on premises, each not exceeding 2
square feet in area and which shall not include any trademarks or names of
businesses conducted or products sold.
e. A sign or notice, having an area of 10 square feet or less, of a public
utility necessary for the direction, information, or safety of the public.
2. The following signs are permitted in any area of the Village of Cayuga
Heights but they shall not be erected or maintained without a permit as
provided herein:
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a. One sign and one bulletin board customarily incident to places of
worship, libraries, museums, not to exceed 18 square feet and to be
located on premises of such institutions.
b. One sign not to exceed 6 square feet in area for social clubs or
societies, which shall be located on the premises of such institutions.
c. One sign of a temporary nature listing the architect, engineer,
contractor, or owner may be placed on premises where construction,
repair, or renovation is in progress. Such sign shall be removed
immediately upon completion of the project or after a period of three years
from the date of the permit, whichever comes first.
d. Each building in a commercial zone may have one or two signs, whose
total area shall not exceed 20 square feet. Said signs may be attached to or
painted on the front or face of each building or one or both signs may be
indoor signs. Where there are two signs they shall be attached to, painted
on, or applied to the front and to the face or faces of the building in such a
way that they are at an angle or not less than 90 degrees from one another.
e. Where more than one business occupies a single building, in place of
the sign restrictions in Section 2 (d), each business may have one or two
signs whose total area shall not exceed 10 square feet. One or both signs
may be an indoor sign.
f. If there are more than two businesses operated on any one parcel or
contiguous parcels, which parcel or parcels are under the ownership,
operation, management, or control of the same person, persons, firms, or
corporation, involving a shopping center or other multi-use facility, one
free standing sign which shall not exceed 18 square feet shall be permitted
for the parcel, parcels, development, or shopping center as a whole,
regardless of the number of separate businesses operated thereon, provided
that if such a sign is used, a sign of the kinds referred to in the first and
second sentences of the preceding section shall not be used.
g. Signs advertising store hours and “rules” of conduct are exempt from
this local law.
C. Temporary Signs
All signs of temporary nature such as political or civic posters, and other signs of
a similar nature, may be erected without a permit for a period not to exceed thirty
days on premises of any property owner by the property owner; with the condition
that a period of not less than eleven months shall elapse between the last day of
one period of showing and the first day of the next. The maximum size shall be
four square feet.
D. Application for Permit.
Application for a permit shall be made in writing by the owner of the premises in
duplicate, upon forms prescribed and provided by the Zoning Officer and there
shall be attached a detailed, to-scale drawing or blueprint showing a description of
the construction details of the sign and showing all the lettering and/or pictorial
matter composing the sign; position of lighting or other extraneous devices; a
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location plan showing the position of the sign on any building or land, and its
position in relation to nearby buildings or structures and to any private or public
street or highway.
E. Fees.
The following fees shall be paid upon issuance of the permit:
1. Application fee of five dollars ($5.00).
F. Procedures.
1. It shall be the duty of the Zoning Officer, upon the filing of an application for a
permit to erect a sign, to examine such plans, specification, and other data
submitted to him with the application, and, if necessary, the building or premises
upon which it is proposed to erect the sign or other advertising structure; and if it
complies with this local law, to approve the same and issue a permit.
2. If the said sign does not comply with this local law, the Zoning Officer shall
immediately notify the applicant. An appeal from his decision may be made to the
Board of Appeals. (Eff. 11/1/76)
3. In making any determination or decision with respect to any proposed sign,
any Village officer or the Board having jurisdiction shall be guided by the general
purpose of this local law and shall also consider the following:
a. The purpose for which the sign is erected and the distance from which the
sign is intended to be or can possibly be read and the character of adjacent
streets. In all cases, the smallest sign which will suit the purpose shall be the
guide, taking into account the legitimate commercial or other interests which
are intended to be promoted by the sign, and the speed limits and traffic
conditions on adjacent streets.
b. The number of letters on the proposed sign. A sign with only a few letters
need not be as large as one with many letters to be seen from the same
distance.
c. Other signs in the vicinity of the proposed sign.
d. The character of the neighborhood. The proposed use shall not be
detrimental to the general amenity or neighborhood character so as to cause a
devaluation of neighboring property or material inconvenience to neighboring
inhabitants or material interference with the use and enjoyment by the
inhabitants of the neighboring property.
e. The protection of the public interest and the desirability of maintaining open
spaces, views and vistas insofar as possible.
f. Any hardship imposed by this local law due to the nature of the sign, its
location and its purpose.
G. Revocation of Permit and Removal of Signs
1. Any sign which advertises a business no longer in existence on the premises
shall be removed by the owner of the premises upon which such sign is located as
soon as the business ceases to exist.
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2. No sign, whether new or existing, shall hereafter be erected or altered except in
conformity with the provisions of this law. However, notwithstanding any
provisions contained herein, the sign must be kept clean, neatly painted and free
from all hazards, including but not limited to, holes in the sign, faulty wiring,
loose fastenings and the sign must otherwise be maintained at all times in good
repair and shall not be detrimental or dangerous to the public health or safety. If
the Zoning Officer, or Board of Trustees, shall find that any sign violates any of
the foregoing provisions or that such sign is unsafe or is an actual or imminent
traffic or other hazard or danger to the public, he shall give written notice which
shall specify the violations and the items requiring correction or the removal of a
sign, as the case may be.
3. In the event of failure to comply with the requirements of said notice within
the period required therein, the permit for such sign shall be automatically
revoked and such sign shall be removed by the owner of the land on which such
sign is erected.
H. Non-Conforming Signs.
Any sign which has been in existence prior to the effective date of this local law and
which does not conform with the provisions and standards of this law and any
amendments thereto, shall be removed within 90 days from the effective date hereof.
I. Legal Fees.
Whenever any action at law is brought to collect a sum of money, the defendant shall pay
attorney’s fees.
J. Violations
Failure to comply with any of the provisions of this local law shall be deemed a violation
and the violator shall be liable to a fine of not more than $50.00 for each violation, and
each day’s failure to comply shall be deemed a violation.
K. Validity
If any section, subsection, phrase, sentence or portion of this local law is for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
L. Effective Date.
This local law shall take effect on the twentieth day after adoption. (11/15/87)
Local Laws Page 102
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1988
Prior Written Notice
1. No action or special proceeding shall be maintained against the Village of Cayuga
Heights, its Mayor or Trustees of the Village Engineer, Zoning Officer or Building
Commissioner, Superintendent of Public Works or against any improvement district
in the Village for damages for injuries to person or property including wrongful death
sustained by reason of any street, highway, bridge, culvert, highway marking,
sidewalk, crosswalk, or any other property owned, operated, maintained by or leased
by or to the Village or any improvement district including but not limited to any other
property owned, controlled or rented to or by the Village of any kind including but
not limited to parks, playgrounds, any streams or bodies of water, or any buildings or
any other structure, being out of repair, defective, unsafe, dangerous or obstructed
unless written notice of such defective, out of repair, unsafe, dangerous or obstructed
condition of any such street, highway, bridge, culvert, highway marking, sidewalk,
crosswalk, or any other properly owned, operated, maintained by or leased by or to
the Village or any improvement district including but not limited to any other
property owned, controlled or rented to or by the Village of any kind including but
not limited to parks, playgrounds, any streams or bodies of water, or any buildings or
any other structures was actually given to the Village Clerk of the Village of Cayuga
Heights and that there was a failure or neglect within a reasonable time after the
giving of such notice to repair or remove the defect, danger or obstruction complained
of; and no such action shall be maintained for damages or injuries to persons or
property including wrongful death sustained solely in consequence of the existence of
snow or ice upon any highway, bridge, culvert, sidewalk, or any other property
owned by, controlled or rented to or by the Village of Cayuga Heights or any
improvement district in the Village unless written notice thereof, specifying the
particular place, was actually given to the Village Clerk of Cayuga Heights and there
was a failure and neglect to cause such snow or ice to be removed or to make the
place otherwise reasonably safe within a reasonable time after the receipt of such
notice.
2. No action may be maintained for damages or injuries to any person or property
against the Village of Cayuga Heights unless a notice of claim is served upon the
Village in accordance with the provisions of Section 50-e of the General Municipal
Law and unless the action is commenced within one year 90 days after the happening
of the event upon which the claim is based, and in accordance with Section 50-i of the
General Municipal Law, except that wrongful death actions shall be commenced
within 2 years after the happening of the death.
3. This Local Law to take effect upon filing with the Secretary of State. (12/88)
Local Laws Page 103
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1988
AMENDMENT TO ZONING ORDINANCE- SECTION 20
SECTION 20. ZONING PERMITS
No building or structure shall be begun or expanded nor shall any building be remodeled
so as to change the structure or function of any room therein until a zoning permit
authorizing such construction shall have been issued by the Zoning Officer.
Such building or structure shall be constructed or extended in accordance with the terms
of the permit.
Every application for a zoning permit shall state the intended use of the building, the
number of families to be housed, if any, the height of the building, and shall be
accompanied by a plot plan with all the dimensions shown indicating the size and shape
of the lot, the position of the buildings, and the front, side and rear yards.
This Local Law to take effect upon filling with the Secretary of State. (12/19/88)
Application for zoning permit shall be accompanied by fees payable to the Village as
follows:
For buildings the estimated cost of which is not in excess of $10,000 $ 5.00
For buildings estimated to cost over $10,000 and under $50,000 10.00
For buildings estimated to cost $50,000 and over and less than $100,000 20.00
For buildings estimated to cost $100,000 and over 40.00
Unless there has been substantial progress in the work for which a zoning permit was
issued, said permit shall expire one year from the date of issue.
SECTION 21. BOARD OF APPEALS
There is hereby established a Board of Appeals which shall function in such manner and
have such powers and duties as the Village Law of the State of New York and this
ordinance provide.
The Board of Appeals shall hear and determine appeals from any refusal of a zoning
permit by the Zoning Officer or review any order or decision of said Zoning Officer,
where such order or decision is based upon the requirements of this ordinance, except
where it is a matter referred to the Board of Trustees by this ordinance.
Where there are practical difficulties or unnecessary hardship in the way of carrying out
the strict letter of this ordinance, the Board of Appeals shall have the power, in passing
upon appeals, to vary or modify the application of any of the regulations or provisions of
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Village of Cayuga Heights
this ordinance so that the spirit of the ordinance shall be observed and public safety and
welfare secured and substantial justice done.
In addition to the legal requirement for publication, the Board of Appeals at least ten days
before public hearing, shall notify by mail the owners of property within two hundred
(200) feet of the boundaries of the property subject to appeal.
The appellant shall pay for the advertising and notice as required in connection with
hearings, and for that purpose the Board of Trustees shall establish a fee.
SECTION 22. VIOLATIONS AND PENALTIES
In addition to the remedies provided by Sec. 93 and 197(c). of the Village Law of the
State of New York, failure to comply with this ordinance shall constitute a violation as
defined in the Penal Law of the State of New York, and any offender shall be punished in
accordance therewith, and each day’s violation shall constitute a separate offense.
SECTION 23. VALIDITY
The invalidity of any section or provision of this ordinance shall not invalidate any other
section or provision thereof.
Local Laws Page 105
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1989
Amendment to Article IX Zoning Ordinance
Section 7. Building Coverage
a. Size of Lots. Lot sizes in all districts shall be as follows:
Minimum average width 125 feet
Minimum average depth 150 feet
Effective: 11/20/89
Local Laws Page 106
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1990
“Traffic Control Law” which Amends and Supersedes
Local Law No. 2 of the Year 1986
Section 7. Parking, Standing, and Stopping.
(b) Parking, Standing, or Stopping in Designated Locations.
(2) The parking of vehicles is hereby prohibited in any of the following
locations:
(ee) On the North side of Oak Hill Road within the right of way line from
103 feet West of Triphammer Road to the intersection of The Parkway for
the period of 7AM to 11 AM Monday through Friday.
(ff) On the West side of Oak Hill Place within the right of way line South
to the dead end for the period of 7AM to 11AM Monday through Friday.
Local Laws Page 107
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1990
To amend Article XII – Sewer Rents, Section 6
of the Village of Cayuga Heights Sewer Ordinances
ARTICLE XII – Sewer Rents
Section 6. On all sewer rents unpaid after July lst, interest of five per centum shall be
added for the month of July, and an additional one per centum for each month and
fraction thereof thereafter until paid.
Local Laws Page 108
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1990
Amend Article XIII – Registration and Use of Bicycles – Section 4
Section 4. Fees and Expiration of Registration.
There shall be no fee for issuance of such registrations. Such registrations shall be
issued for a period of two (2) years and shall expire on April 30, 1992. Renewals shall
expire on April 30 every two years thereafter. Lost registrations or license plates or
stickers will be replaced upon application.
Local Laws Page 109
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1991
Traffic Control Law – Amends and Supersedes
Local Law No. 1 of the Year 1990
Section 7. Parking, Standing, or Stopping
(b) Parking, Standing, or Stopping in Designated Locations.
(2) The parking of vehicles is hereby prohibited in any of the following locations:
(aa) On the South side of White Park Road within the right of way from the
intersection of Triphammer Road West to the intersection of The Parkway.
(bb) On the North side of White Park Road within the right of way line from
the intersection of Triphammer Road West for 105 feet.
(gg) On the North side of White Park Road within the right of way line from
105 feet West of Triphammer Road to the intersection of The Parkway for the
period of 7:00 a.m. to 11:00 a.m. Monday through Friday.
(hh) On the West side of White Park Place South to the intersection of White
Park Road and North to the intersection of Iroquois Rd.
(ii) On the East side of White Park Place South to the intersection of White
Park Road and North to the intersection of Iroquois Rd. for the period of 7:00
a.m. to 11:00 a.m. Monday through Friday.
(jj) On the South side of Iroquois Road within the right of way from its
intersection of Triphammer Road West to the intersection of The Parkway.
(kk) On the North side of Iroquois Road within the right of way line from
Triphammer Road for 78 feet.
(ll) On the North side of Iroquois Road within the right of way line from 78
feet West of Triphammer Road to the intersection of The Parkway for the
period of 7:00 a.m. to 11:00 a.m. Monday through Friday.
Local Laws Page 110
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1991
Traffic Control Law which Amends and Supersedes
Local Law No. 1 of the Year 1991
Section 5. c. Through Highways Designated.
(17) Wyckoff as a through street from its intersection with Cayuga Heights Road
west to the Village line.
d. Hazardous Intersections Designated.
(1) Sunset Park at its intersection with Wyckoff Road.
Local Laws Page 111
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1991
TRAFFIC CONTROL
A LOCAL LAW amending and superseding Local Law No. 2 of the Year 1991
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York as follows:
TRAFFIC CONTROL
Section 1. WORDS AND PHRASES DEFINED
Definition of words and phrases. The words and phrases used in this local law shall, for
the purpose of this local law have the meanings respectively ascribed to them by Article I
of the Vehicle and Traffic Law of the State of New York.
Section 2. TRAFFIC CONTROL DEVICES
Authority to install traffic control devices. The Police Department shall install and
maintain traffic control devices when and as required under the provisions of this local
law to make effective the provisions of said local law and may install and maintain
additional traffic control devices as it may deem necessary to regulate, warn, or guide
traffic under the Vehicle and Traffic Law of the State of New York subject to the
provisions of Sections 1682, 1683, and 1684 of that law.
Section 3. DELEGATION OF POWERS
a. Authority of Police Department to regulate traffic. Pursuant to the provisions
of sub-section (a) of Section 1603 of the Vehicle and Traffic Law, power is
hereby delegated to the Police Department to exercise, by official order, rule, or
regulation the following powers granted to the legislative body of this Village in
Article 39 of the Vehicle and Traffic Law:
(1) Regulate the parking or the standing of vehicles on highways or streets as
follows:
(a) Both sides of streets on which the roadway is less than twenty feet wide.
(b) One side of streets on which the roadway is from twenty feet to thirty feet
wide.
(c) Adjacent to school property.
b. Emergency and experimental regulations.
(1) Authority, limitation. The Chief of Police is hereby empowered to make and
enforce temporary or experimental traffic regulations to cover emergencies or
special conditions. No such temporary or experimental regulation shall remain in
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Village of Cayuga Heights
effect for more than one hundred twenty (120) days, without formal action by the
Village Board of Trustees.
(2) Tests. The Police Chief or the Village Engineer may test traffic control
devices under actual conditions of traffic.
Section 4. TURNING MOVEMENTS
Prohibition of U turns. The turning of vehicles so as to proceed in the opposite direction
or U-turns are prohibited on all streets and at all intersections.
Section 5. STOP AND YIELD INTERSECTIONS
a. Through Highway, signs required. Whenever any local law of the Village
designates and describes a through highway, it shall be the duty of the Police
Department to place and maintain a stop sign on all intersecting highways.
b. Hazardous Intersections, signs required. Whenever any local law of the
Village designates intersections where a particular hazard exists upon other than
through highways, it shall be the duty of the Police Department to place and
maintain stop or yield signs as required by such local law.
c. Through Highways Designated. Those highways and parts of highways
described in the following subsections are hereby declared to be through
highways for the purpose of this section:
(1) Cayuga Heights Road.
(2) Hanshaw Road from its intersection with Cayuga Heights Road to its
intersection with North Triphammer Road.
(3) Hanshaw Road from and including its intersection with North Triphammer
Road to the East Village Line.
(4) Highgate Road from its intersection with the Parkway to and including its
intersection with Berkshire Road.
(5) Highland Road from its intersection with Hanshaw Road to the South Village
Line.
(6) Highland Road from its intersection with Hanshaw Road to its intersection
with Highgate Road.
(7) Klinewoods Road from its intersection with Triphammer Road to and
including its intersection with The Parkway.
(8) Klinewoods Road from its intersection with Hanshaw Road to its intersection
with The Parkway.
(9) The Parkway from its intersection with Highland Road to and including its
intersection with East Upland Road.
(10) The Parkway from its intersection with East Upland Road to and including
its intersection with Klinewoods Road.
(11) North Sunset Drive from its intersection with Cayuga Heights Road to the
South Village Line.
(12) Triphammer Road from its intersection with Hanshaw Road to the South
Village Line.
(13) North Triphammer Road from its intersection with Hanshaw Road to the
North Village Line.
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Village of Cayuga Heights
(14) Winthrop Drive from its intersection with North Triphammer Road to and
including its intersection with Simsbury Drive.
(15) Wyckoff Road from its intersection with Kline Road to the South Village
Line.
(16) Forest Drive from its intersection with The Parkway to its intersection with
Hanshaw Road.
d. Hazardous Intersection Designated. Those intersections described in the
following subsections are hereby designated as hazardous intersections for the
purpose of this section:
(1) A stop sign is required at the following intersections:
(a) Hanshaw Road from the West at its intersection with North Triphammer
Road.
(b) Lenox Road from the North at its intersection with Hampton Road.
(c ) Comstock Road from the West at its intersection with The Parkway.
(d) Comstock Road from the East at its intersection with The Parkway.
(e) Winthrop Drive from the East at its intersection with Simsbury Drive.
(f) Oak Hill Place from the South at its intersection with Oak Hill Road.
(g) Wyckoff Road from the West at its intersection with Kline Road.
(h) Wyckoff Road from the East at its intersection with Kline Rd.
(i) Cambridge Place from the North at its intersection with Burleigh Drive.
(j) Cayuga Park Road from the North at its intersection with Cayuga Park
Circle.
(k) Cayuga Park Road from the Northwest at its intersection with West
Upland Road.
(2) A Yield sign is required at the following intersections:
(a) Overlook Road from the South at its intersection with Kline Road.
(b) Overlook Road from the North at its intersection with Kline Road.
(c ) Forest Drive from the East at its intersection with The Parkway.
(d) The Parkway from the South at its intersection with Highgate Road.
(e) Texas Lane Cul-De-Sac from the Southeast at its intersection with Texas
Lane.
Section 6. SPEED REGULATIONS
Maximum speed limits. Thirty (30) miles per hour is hereby established as the maximum
speed limit at which vehicles may proceed on highways within the corporate limits of this
Village except on Route 13.
Section 7. PARKING, STANDING, AND STOPPING
a. Application of Section. The provisions of this Section shall apply except when it
is necessary to stop a vehicle to avoid conflict with other traffic or in compliance
with the directions of a police officer or official traffic control device.
b. Parking, Standing, or Stopping in Designated Locations.
Local Laws Page 114
Village of Cayuga Heights
(1) The parking, standing, or stopping of vehicles is hereby prohibited in any of
the following locations:
(a) Between sidewalk and curb.
(2) The parking of vehicles is hereby prohibited in any of the following locations:
(a) On the east side of Highland Road within the right of way line from The
Parkway North to Hanshaw Road.
(b) On both sides of Wyckoff Road within the right of way lines from
Cayuga Heights Road South to the South Village Line.
(c) On both sides of Kelvin Place within the right of way line from the South
Village Line North to Brook Lane.
(d) On both sides of Brook Lane within the right of way line from Kelvin
Place to the South Village Line.
(e) On the North sides of East Upland Road within the right of way line from
the intersection of Hanshaw Road and Highland Road East to The Parkway.
(f) On both sides of Highland Road within the right of way lines from The
Parkway and Kline Road South to the South Village Line.
g) On the West side of Cayuga Heights Road within the right of way line
from the Southwest corner of Kline Road South to the South Village Line.
(h) On the South side of Ridgewood Road within the right of way line from
the Southeast corner of Wyckoff Road South to the South Village Line.
(i) On the East side of Cayuga Heights Road within the right of way line
from the South Village Line North for 160 feet.
(j) On both sides of Kline Road within the right of way lines from Cayuga
Heights Road East to the intersection of Wyckoff Road.
(k) On both sides of Wyckoff Road within the right of way lines from
Cayuga Heights Road East to the intersection of Kline Road.
(l) On both sides of Triphammer Road within the right of way lines from the
South Village Lane North to the intersection of Oak Hill Road.
(m) On the West side of Pleasant Grove Road within the right of way line
from the East Village Line, at the point where it intersects the West side of
Pleasant Grove Road, North for 240 feet.
(n) On the Northeast side of Hanshaw Road within the right of way line
from the East Village line Northwest to the intersection of North Triphammer
Road.
(o) On the Southwest side of Hanshaw Road within the right of way line
from the East Village Line Northwest to the intersection of Triphammer
Road.
(p) On the Southwest side of Hanshaw Road within the right of way line
from the intersection of Triphammer Road Northwest for 100 feet.
(q) On the West side of Pleasant Grove Road within the right of way line
from the intersection of Hanshaw Road South for 921 feet.
(r) On the East side of Pleasant Grove Road within the right of way line from
the intersection of Hanshaw Road South for 876 feet.
(s) On the West side of Triphammer Road within the right of way line from
the intersection of East Upland Road South for 100 feet.
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Village of Cayuga Heights
(t) On the West side of Triphammer Road within the right of way line from
the intersection of East Upland Road North for 100 feet.
(u) On the East side of Triphammer Road within the right of way line from
the intersection of East Upland Road South for 100 feet.
(v) On the East side of Triphammer Road within the right of way line from
the intersection of East Upland Road North for 100 feet.
(w) On the East side of North Triphammer Road within the right of way
lines from the intersection of Hanshaw Road North for 150 feet.
(x) On the South side of Country Club Road within the right of way line
from the intersection of Triphammer Road West for 225 feet.
(xa) On the North side of Country Club Road within the right of way line
from the intersection of Triphammer Road west for 225 feet.
(y) On the South side of Oak Hill Road within the right of way from the
intersection of Triphammer Road West to the intersection of The Parkway.
(z) On the North Side of Oak Hill Road within the right of way line from the
intersection of Triphammer Road West for 103 feet.
(aa) On the South side of White Park Road within the right of way line from
the intersection of Triphammer Road West to the intersection of The
Parkway.
(bb) On the North side of White Park Road within the right of way line from
the intersection of Triphammer Road West for 105 feet.
(cc) On the South and East side of Devon Road within the right of way line
from the Intersection of Hanshaw Road for 423 feet.
(dd) On the North and West side of Devon Road within the right of way line
from the intersection of Hanshaw Road West and South for 482 feet.
(ee) On the North side of Oak Hill Road within the right of way line from
103 feet West of Triphammer Road to the intersection of The Parkway for
the period of 7AM to 11AM Monday through Friday.
(ff) On the West side of Oak Hill Place within the right of way line South to
the dead end for the period of 7AM to 11AM Monday through Friday.
(gg) On the North side of White Park Road within the right of way line from
105 feet West of Triphammer Road to the intersection of the Parkway for the
period of 7AM to 11AM Monday through Friday.
(hh) On the West side of White Park Place South to the intersection of White
Park Road and North to the intersection of Iroquois Rd.
(ii) On the East side of White Park Place South to the intersection of White
Park Road and North to the intersection of Iroquois Rd. for the period of
7AM to 11AM Monday through Friday.
(jj) On the South side of Iroquois Road within the right of way from its
intersection of Triphammer Road West to the intersection of The Parkway.
(kk) On the North side of Iroquois Road within the right of way line from
Triphammer Road for 78 feet.
(ll) On the North side of Iroquois Road within the right of way line from 78
feet West of Triphammer Road to the intersection of The Parkway for the
period of 7AM to 11AM Monday through Friday.
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Village of Cayuga Heights
c. Parallel Parking. Except where angle parking is authorized, every vehicle
stopped, standing, or parked upon a highway where there are no adjacent curbs
shall be stopped, standing, or parked parallel with the edge of the roadway headed
in the direction of lawful traffic.
d. All-night Parking. The parking of a vehicle is hereby prohibited on all
highways within this Village between 2:00 a.m. and 6:00 a.m. A vehicle will be
deemed to be in violation when any tire of a vehicle is on any roadway or within
four feet of the edge of any roadway.
Section 8. REMOVAL AND STORAGE OF VEHICLES
a. Authority to Impound vehicles
(1) When any vehicle is parked or abandoned on or within the right of way lines
of any highway within this village during a snowstorm, flood, fire, or public
emergency which affects that portion of the public highway upon which vehicle is
parked or abandoned, said vehicle may be removed by the Police Department.
(2) When any vehicle is found unattended within the right of way lines of any
highway within this Village where such vehicle constitutes an obstruction to
traffic, said vehicle may be removed by the Police Department.
(3) When any vehicle is parked or abandoned on or within the right of way lines
of any highway within this Village where stopping or parking is prohibited, the
Police Department is hereby authorized to cause such vehicle to be removed
under its own power, or by towing, to a local garage or service station.
b. Storage and Charges. After removal of any vehicle as provided in this local
law, the Police Department may store or have such vehicle stored in a suitable
place at the expense of the owner. Such owner or person in charge of the vehicle,
may redeem the same upon payment of the amount of all expenses actually and
necessarily incurred in effecting such removal.
c. Notice of Removal. The Police Department shall, without delay, ascertain to
the extent possible the owner of the vehicle removed, or person having same in
charge, and notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem same.
Section 9. TRUCK EXCLUSIONS
a. All trucks, tractors, and tractor-trailer combinations having a total gross weight
in excess of four (4) tons are hereby excluded from the following highways within
this Village.
(1) Triphammer Road
b. This exclusion shall not be construed to prevent the delivery or pick-up of
merchandise or other property along the highway from which such vehicles and
combinations are excluded.
Local Laws Page 117
Village of Cayuga Heights
Section 10. PENALTIES
Penalties for violation of this local law. Every person convicted of a violation of any
provision of this local law, which is not a violation of any provision of the Vehicle and
Traffic Law of the State of New York, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished in accordance therewith.
Section 11. REPEAL OF PRIOR ORDINANCES OR LOCAL LAWS
Ordinances or local laws repealed. All prior ordinances or local laws or parts of
ordinances or local laws of this Village regulating traffic are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any person for any
act done or committed in violation of any ordinance or local law hereby repealed prior to
the taking effect of this local law.
Section 12. EFFECT OF LOCAL LAW
a. Constitutionality. If any part or parts of this local law are for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this law.
b. Time to take effect. This local law shall take effect from and after the 22nd day of
December 1991.
Local Laws Page 118
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1992
SEWERSAND DRAINS
ARTICLE VIII
LOCAL LAW REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS
AND DRAINS, THE INSTALLATION AND CONNECTION OF SEWER
CONNECTIONS, AND THE DISCHARGE OF WATER AND WASTES INTO
THE PUBLIC SEWER SYSTEM AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, IN THE VILLAGE OF CAYUGA HEIGHTS,
COUNTY OF TOMPKINS, STATE OF NEW YORK.
Editor Note: The only change from Local Law 1 for the Year 1987 is the addition of the
following line as the last sentence in Section 2.2 Building Laterals, Street Laterals, Sewer
Connection and Fees. a.
“Said permit shall be valid for a period of one (1) year from the date of issuance.”
Date: 1/20/92
Local Laws Page 119
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1992
ESTABLISHMENT OF PLANNING BOARD
I. PURPOSE
The purpose of this local law is to establish a Planning Board for the Village of Cayuga
Heights, Tompkins County, New York.
II. BOARD OF TRUSTEES EMPOWERED TO ACT AS PLANNING BOARD
The Board of Trustees of the Village of Cayuga Heights, consisting of six members, and
the Mayor of the Village of Cayuga Heights together shall constitute and be empowered
to act as Planning Board for the Village of Cayuga Heights. All seven members of the
Planning Board shall be full voting members. The mayor shall be the chairman of the
Planning Board. The manner of election and appointment of trustees and provisions
relating to the length of their terms shall apply in like manner to their appointment to the
Board. The Mayor may appoint alternate members of the Planning Board to serve on the
Planning Board when a conflict of interest or extended absence of a regular Planning
Board member would preclude action by the Board. This law amends Section 7-718 of
the General Village Law pursuant to the powers granted to municipalities by Municipal
Home Rule Law.
III. POWERS AND DUTIES
A. Site Plan Review The Planning Board (hereafter referred to as “the Board”)
shall be empowered to review and approve, approve with modifications or disapprove
site plans, prepare to specifications set forth herein, and such other specifications as the
Board may reasonably require.
Site plan review shall be required for the following:
1. Land Use in Multiple Housing or Commercial District
Any land owner who intends to use land for any purpose or change an existing
use permitted in the multiple housing district or commercial district as defined in the
zoning ordinance of the Village of Cayuga Heights, shall submit to the Board a site plan,
a written statement and such other evidence as may reasonably be required by the Board
of the proposed use, and shall provide a statement explaining to the Planning Board the
nature of and reason for the intended use.
The following factors shall be considered by the Board:
a. The location and site of the use.
b. The nature and intensity of the operation involved.
c. The size and topography of the site in relation to it.
d. The location of the site in respect to the roads giving access to it.
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Village of Cayuga Heights
e. The provisions for parking.
f. The relation of the size of the building and lot to the parking area.
g. Traffic and noise generated by the proposed use.
h. Landscaping.
i. Architectural features.
j. Location and dimension of buildings.
k. Impact of the proposed use on adjacent land uses.
l. Effect on the environment.
m. Effect on infrastructure and existing Village services, including sewer, water,
drainage and solid waste.
n. Any other reasonable factors that will promote the safety of the proposed use
and the orderly development of the Multiple Housing or Commercial District.
o. Effect on population density, if any.
p. Any other factors reasonably related to the health, safety and general welfare
of the community.
2. Minor Subdivision.
Any land owner who intends to subdivide land in a manner that qualifies as a
“minor subdivision” as defined herein shall apply to the Planning Board for approval of
the subdivision set forth below. A minor subdivision is the subdivision of any land into
not more than two lots (initial lot plus one new lot). Each lot shall front on an existing
street, not involve any new street or road or the extension of any municipal facilities, and
not be in conflict with any provision of the zoning law. The construction of more than
one principal building on any lot shall be construed as a subdivision of the lot into two
lots subject to the requirements of this law.
The following factors shall be considered by the Board:
a. Effect of the proposed subdivision on traffic and so traffic safety.
b. Effect of the proposed subdivision on the environment.
c. Any other factors reasonably related to the health, safety and general welfare of
the community.
3. Procedure
a. An applicant for site plan review under paragraphs 1 or 2 above shall file with
the Village Clerk a site plan conforming to the requirements of paragraph A-(4)
below, together with an application fee of $200.00.
b. Within a reasonable time of receipt of an application for a minor subdivision
the Board shall make a determination whether the application qualifies as a minor
subdivision as defined herein. If the Board determines that the application is not
for a minor subdivision the applicant shall be notified and may resubmit the
subdivision application as a major subdivision.
c. Within a reasonable time of receipt of an application for site plan review in the
multiple housing or commercial district pursuant to paragraph A (1) above, the
Planning Board shall hold a public hearing. The hearing shall be advertised in the
newspaper of general circulation in the Village at least ten days before such
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Village of Cayuga Heights
hearing. The applicant shall notify all contiguous property owners of the proposed
use by mail at least five days before the date of the hearing, and shall provide
proof of such mailing to the Planning Board. No public hearing shall be required
for a minor subdivision.
d. Within a reasonable time from the date of the public hearing, or of submission
of the application for a minor subdivision, the Planning Board shall deny or
approve, with or without modification, the site plan submitted for review. An
approved site plan will be endorsed by the Planning Board Chairman or someone
authorized by the Board to endorse the plan in the Chairman’s absence. After the
Planning Board has approved and endorsed the site plan, one copy of the plan
must be filed by the sub-divider with the Village Clerk
e. Approval of the site plan by the Board shall be a necessary prerequisite for
issuance of a building permit by the Village Zoning Officer.
4. Site Plan Requirements.
a. Site Plan for Land Use in Multiple Housing or Commercial District.
i. A field survey of the boundary lines of the property. made and certified
to by a licensed land surveyor, showing date, north point, map scale, and
name and address of record owner.
ii. The location of any and all buildings, streets, walkways, driveways and
landscaping.
iii. A general indication of existing natural features including topography,
streams, water bodies, ditches, buildings, large trees and tree masses and
other significant aspects of the environment.
iv. Architectural drawings, if deemed appropriate by the Board.
v. Such other information as reasonably required by the Board.
b. Site Plan for Minor Subdivision.
i. A field survey of the boundary lines of the property, made and certified
to by a licensed land surveyor, showing date, north point, map scale, and
name and address and address of record owner. The corners of the tract
and each lot shall be located on the ground and marked by measurements,
and shall be shown on the plan.
ii. The proposed lines, width, depth and area of each proposed lot.
iii. A general indication of existing natural features including topography,
streams, water bodies, ditches, buildings and large trees and tree masses,
and other significant aspects of the environment.
5. Written Statement
In an application for site plan review in a Multiple Housing or Commercial
district pursuant to paragraph A (1) above, the applicant shall submit a written
statement containing the following information:
1. The character and purpose of the proposed use.
2. A description outlining how the proposed development meets the factors set
forth in paragraph A (1) above.
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Village of Cayuga Heights
B. Approval of Plats for Major Subdivision
A major subdivision of land is a subdivision which does not qualify as a minor
subdivision, as defined in paragraph A (2) above.
1. Approval of Plats. The Planning Board shall be empowered to review and
approve plats showing lots, blocks or sites, with or without streets or highways,
and to conditionally approve preliminary plats.
2. Procedure. The Planning Board shall act in accordance with the requirements
set forth in Sections 7-728, 7-730 and 7-732 of the Village Law, and such
regulations as established from time to time by the Planning Board.
3. Cluster Development. The Planning Board shall be authorized to modify
applicable provisions of the Zoning Ordinance to allow flexibility design and
development of land, subject to the conditions set forth in Section 7-738 of the
Village Law and such other conditions as the Board of Trustees may determine by
resolution.
IV. REPEAL AND AMENDMENT OF PORTIONS OF THE ZONING ORDINANCE
A. The following portions of the Zoning Ordinance, forming part of the local
laws and ordinances of the Village of Cayuga Heights, are hereby repealed:
1. Under “SECTION 3, MULTIPLE HOUSING DISTRICT”, the following
wording is hereby repealed:
“Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required by the Board of the proposed use, and shall be given
opportunity to explain to the Village Board the nature of and reason for the
intended use.
The Village Board shall consider the following: The location and size of the use,
the nature and intensity of the operation involved, and the size and topography of
the site in relation to it, the provisions for parking, and the relation of the building
and lot to the parking area, and any other reasonable requirements necessary to
keep the proposed use safe and in harmony with the appropriate and orderly
development of the Multiple Housing District.
These standards shall be in addition to those listed in Sections 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise
the Village Zoning Officer shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the buildings or proposed use thereof complies with
the provisions of this ordinance.”
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Village of Cayuga Heights
2. Under “SECTION 4, COMMERCIAL DISTRICT” the following wording is
hereby repealed:
“Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required of the proposed use and shall be given opportunity to explain
to the Village Board the nature of and reason for the intended use. The Village
Board shall consider the following: The location and size of the use, the nature
and intensity of the operation involved and the size and topography of the site in
relation to it, the location of the site with respect to roads giving access to it, the
provisions for parking and the relation of the size of the building and lot to the
parking area, the amount of traffic generated by the said business, and any other
reasonable requirements necessary to keep the proposed use safe and orderly in
the Commercial District.
These standards shall be in addition to those listed in SECTIONS 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise
the Village Zoning Officer shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the building or proposed use thereof complies with
the provisions of this ordinance.”
3. Under “SECTION 13, MORE THAN ONE BUILDING ON A LOT” the
following wording is hereby repealed:
“a. Subdivision of Lots. No lot or plot of land shall be sold, divided or set off in
such a manner that either the portion sold, divided or set off or the portion
remaining,
Shall have less than the minimum lot size prescribed by regulations relating to the
district in which it is situated, or,
Shall fail to provide the minimum yard requirement specified by the regulations
relating to the district in which it is situated in respect to any building or use then
existing, or
Shall have thereon a building which covers more than the maximum percentage of
the lot area specified by the building coverage regulations relating to the district
in which it is situated.
The construction of more than one dwelling house on any lot shall be construed as
a division of the lot into two lots within the meaning of this section.”
B. Section 7, subparagraph b, of the zoning ordinances is hereby amended by deleting
the word “Trustees” from the third line thereof, and replacing it with “the Planning
Board.” The subparagraph, as amended, shall read as follows:
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Village of Cayuga Heights
“b. Frontage on Public Street: Each lot shall have a minimum frontage on a public
street of seventy-five (75) feet, except any frontage on a cul-de-sac in a
subdivision, approved by the Planning Board, shall have such frontage as shown
on the approved subdivision plan. This ordinance shall apply to any lots
hereinafter subdivided or developed by placing a building thereon.” (Amendment
underlined).
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1993
PLANNED UNIT DEVELOPMENT
TABLE OF CONTENTS
A. PURPOSE 1
B. REQUIREMENTS 1
1. Minimum Acreage 1
2. Permitted Land Use 1
3. Density 1
4. Size or Lots 2
5. Yards 2
6. Height of Building 2
7. Building Coverage 2
8. Natural Features 2
9. Storm Water Runoff 2
10. Site Planning Requirements 3
11. Special Circumstances 4
C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION 4
D. PREAPPLICATION CONFERENCE AND CONCEPT PLAN 5
E. PRELIMINARY APPROVAL 6
1. Preliminary Development Plan 6
2. Description of the Development 8
3. Public Hearing 9
4. Procedure for Preliminary Approval 9
F. FINAL APPROVAL 10
1. Application 10
2. Final Development Plan 10
3. Contents of Plan 10
4. Construction Drawings 12
5. Financial Plan 12
6. Action on Final Development Plan 13
G. WARRANTIES AND FEES 14
1. Performance Guarantee 14
2. Warranty of Work and Materials 15
3. Review and Inspection Fee 16
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Village of Cayuga Heights
PLANNED UNIT DEVELOPMENT
A. PURPOSE
The purpose of a Planned Unit Development is to introduce a degree of flexibility in
conventional land use and design regulations which will encourage development in an
imaginative and innovative way while ensuring efficient investment in public
improvements, a more desirable environment, and protection of community interest.
A Planned Unit Development is primarily intended for residential development, but
may include accessory commercial and recreational development.
B. REQUIREMENTS
1. Minimum acreage – 20 acres
2. Permitted land uses
a. Residential land uses
b. Non-residential land use when:
i. Such use will contribute to quality of proposed development for
the area.
ii. Such use will enhance the surrounding neighborhood in terms of
open space, vehicular and pedestrian traffic movement,
landscaping, preservation of natural features and an improved
living environment.
c. Commercial land use when:
i. Such use is integral with, but clearly ancillary to, residential use of
the site.
ii. Such use will not create a consumer market that routinely extends
beyond the area of the Planned Unit Development.
3. Density
The number of dwelling units provided in a Planned Unit Development shall not
exceed the number of units that would be permitted by regulations of the
underlying district. For purposes of this Ordinance, a dwelling unit shall mean a
dwelling or residence containing one or more rooms designed or used for human
habitation and providing living accommodations that include separate eating,
sleeping and bathroom facilities for each family or household residing therein.
4. Size of Lots
Lot size shall be specified in an approved Planned Unit Development.
5. Yards
No structure shall be located less than 75 feet from any public road right-of-way
line existing at the time of the PUD application, or 100 feet from any other
existing property line bordering the PUD, or as otherwise approved in an
approved Planned Unit Development.
6. Height of Buildings
Unless otherwise approved by the Board of Trustees, no building shall be more
than two stories high and no building shall exceed a height of 30 feet from the
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Village of Cayuga Heights
average finished grade to average height between the eaves and ridge line of a
pitched roof or the highest point of a flat roof. This height limit shall not apply to
necessary mechanical or electrical equipment, sky lights, flag poles, light poles
and similar site amenities approved by the Board of Trustees.
7. Building Coverage
The total land coverage for all buildings in the Planned Unit Development shall
not exceed the coverage requirements of the underlying district.
8. Natural Features
Existing natural features on the site shall be preserved to the maximum extent
feasible and incorporated into the site design.
9. Storm Water Runoff
In general, the rate of storm water runoff from the Planned Unit Development site
after development is complete shall not exceed the rate that would normally occur
under a natural undeveloped condition as calculated for a fifty (50) year storm.
10. Site Planning Requirements
a. Roads. All proposed roads in a Planned Unit Development shall be
designed and constructed in accordance with standards approved by the
Village Engineer.
b. Service Areas. Loading and service areas that face or are visible from a
public road, including areas for the storage of solid waste and trash, shall
be screened from public view by a vertical screen at least six feet high. A
landscaped buffer strip or a combination of landscaping and fencing may
be used to provide the required screening.
c. Public Transit and Parking. The Board of Trustees shall be satisfied that
appropriate provisions are provided for public transit and that an adequate
amount of off-street parking will be provided for the proposed use. No off-
street parking space shall be located less than twenty-five feet from any
existing property line. All parking areas containing more than four spaces
shall be landscaped.
d. Underground services. All electric, telephone and television lines and
cables shall be placed underground. All access points shall be landscaped
in a manner approved by the Board of Trustees.
e. Lighting. Adequate site lighting shall be provided and shall be designed
and located so that it does not produce glare on adjacent properties and
does not impede the vision of traffic on adjacent roads.
f. Access Drives. Multiple and extra-wide driveways shall be avoided.
Access drives that do not provide safe sight distances shall not be
permitted. Access drives shall intersect existing roads at a ninety degree
angle and shall not have a slope of greater than five percent for a distance
of sixty feet from the intersection of centerlines.
g. Intersections. On- and off-site intersections shall be designed to
accommodate the expected traffic safely. Turning lanes, deceleration
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Village of Cayuga Heights
lanes, by-pass lanes and other safety measures shall be provided as
required by the Board of Trustees.
h. Signs. One identification sign shall be permitted. Such sign may be two-
sided but shall have a total area of no greater than sixteen square feet per
side. If lighted, the effects of lighting on automobile drivers shall be
considered. Lighting shall not produce glare on roads or adjacent
properties.
i. Operation. No offensive noise, traffic, odor, smoke, dust, heat, glare,
electrical disturbance or other pollutants shall be produced by the normal
operating conditions of the proposed Planned Unit Development.
j. Landscaping. The number of trees to be planted in the Planned Unit
Development shall be at least equal to the number of trees removed for
development purposes.
11. Special Circumstances
When the Board of Trustees determines that due to unusual circumstances of a
particular site the requirements set forth above are not necessary, in the interest of
public health, safety and general welfare, the Board of Trustees may modify such
requirements subject to any conditions it may wish to impose.
C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION
1. Impact on existing and planned capacity of infrastructure system, including but
not limited to roads, water, sewer, energy and drainage.
2. Whether the proposed development promotes the orderly growth and sound
development of the community, and whether a need exists for the proposed
development.
3. The extent to which the plan departs from the zoning regulations applicable to the
property in terms of bulk, density, and permitted uses.
4. The existing character of the neighborhood and the relationship, beneficial or
adverse, of the proposed development to this neighborhood.
5. The consideration given to pedestrian circulation within and outside the
development and provision for open space.
6. Traffic circulation features within the site, including the amount of, location of,
and access to automobile parking.
7. The amount of traffic generated and provisions for adequately handling or
mitigating such volumes, and the nature and suitability of the connecting road or
highway system to absorb anticipated changes.
8. The provisions for storm water runoff, sanitary and solid waste disposal and other
utilities on and adjacent to the site.
9. Provision for access for emergency services.
10. Any other factor reasonably related to the general health, welfare and safety of the
community.
D. PRE-APPLICATION CONFERENCE AND CONCEPT PLAN
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Village of Cayuga Heights
The Board of Trustees shall schedule a pre-application conference to discuss general
development concepts of the proposed Planned Unit Development. The developer
should present information that would most help the Board of Trustees gain a full
understanding of the proposal. Information to be submitted should include:
1. Base map locating the project site and showing the immediately surrounding
neighborhood.
2. General analysis of existing site characteristics (topography, soils, floodable land,
natural features, environmentally sensitive areas, exceptional views, drainage
areas, etc.)
3. Narrative description of the proposed development including land use types,
densities, utility needs, traffic expectations, site amenities (open space, recreation
areas, general massing of landscaped areas, etc.), construction phasing, general
architectural character, restrictive covenants, etc.
4. A concept plan generally indicating the approximate location of existing and
proposed buildings, parking and service areas, patterns of vehicular and
pedestrian movement, the provision of utilities, site amenities, and any other
information that will help to explain the development concept.
E. PRELIMINARY APPROVAL
The developer shall file 14 copies of an application for preliminary approval of a
Planned Unit Development by the Board of Trustees with the Village Clerk, with an
application fee of $250.00. The application shall contain the following materials:
1. Preliminary Development Plan
The plan shall be prepared at a scale of no more than one hundred feet to
the inch, and shall show the following:
a. An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and
certified to by a licensed land surveyor. The corners of tract shall
also be located on the ground and marked by substantial
monuments of such size and type as approved by the Village
Engineer, and shall be referenced and shown on the plan.
b. Proposed development name, name of Village, Town and County
in which it is located, date, true north point, scale, name and
address of record owner, developer and Engineer or Surveyor,
including license number and seal.
c. The names of the owners of record of all adjacent property as
disclosed by the most recent municipal tax records.
d. All parcels of land proposed to be dedicated to public use.
e. The location of proposed buildings, indicating size and height.
f. An analysis of how site planning is affected by existing soils in the
development area, including wetlands, floodable areas, depth to
bedrock and the seasonal water table.
g. Proposed landscaping treatment for open areas, buffer areas, roads,
and areas around and between structures indicating plant species
and the approximate size of trees to be used.
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Village of Cayuga Heights
h. Location of existing property lines, easements, road rights-of-way,
water courses and drainage ways, wetlands, rock outcroppings,
wooded areas, single trees outside wooded areas with a diameter of
4 inches or more as measured 3 feet above the base of the trunk,
and other significant existing features related to the proposed
planned unit development area and adjacent property.
i. Location of existing sewers, water mains, culverts and drains on
the property, with pipe sizes, grades and direction of flow.
j. Existing contours with intervals of five feet, or two feet for areas
with grades less than 5 percent.
k. The width and location of any existing roads or public ways or
places on or adjacent to the property, and the width, location,
proposed grade and typical cross-section of all private or public
roads or public ways proposed by the developer.
l. The approximate location and size of all proposed water lines,
valves, hydrants, sewer lines and fire alarm boxes. Connection to
existing lines or alternate means of water supply or sewage
disposal and treatment as provided in the Public Health Law.
Appropriate profiles of all proposed water and sewer lines.
m. A storm water drainage plan showing the calculated volume of
storm water run-off, the approximate location, size and grade of
proposed storm sewers, catch basin locations with approximate
inverts, the location and design of proposed detention or retention
facilities, if any, with connections to existing drainage ways or
proposed alternate means of disposal.
n. Site improvements including the approximate location and grade of
walkways, with typical cross-sections, the location and type of site
lighting fixtures, provisions for fire protection, special landscaping
features, outdoor recreation facilities and similar site amenities.
o. Preliminary designs of any bridges or culverts which may be
required.
p. Where applicable, the proposed lot lines with approximate
dimensions and area of each lot.
q. A written erosion control plan, indicating what, when and how
control measures will be installed.
2. Description of the Development
The developer shall submit written materials containing the following
information:
a. A written explanation of the character and purpose of the planned
unit development, including the type and density of housing
proposed and a description of the nature and extent of any
nonresidential and commercial land uses proposed.
b. A statement of proposed financing, including proposed sources of
funds and guarantees that the work will be completed as proposed.
c. An indication of the expected timetable for development.
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Village of Cayuga Heights
d. A description outlining how the proposed development meets the
objectives of a Planned Unit Development.
e. Description of land to be dedicated for public use and any
conditions related thereto.
f. Proposed covenants or deed restrictions.
g. The manner and extent to which the proposed development varies
from the zoning provisions of the underlying district.
h. Drawings and narrative describing the architectural character of
proposed buildings.
i. An environmental impact statement.
3. Public Hearing
Within sixty (60) days after the receipt of the application, a public hearing
shall be held, unless a different date is agreed to between the Board of
Trustees and the developer. The Village Clerk shall send written notice to
all owners of Village property contiguous to the boundaries of the
property under consideration. The notice has to be mailed at least ten days
in advance of the hearing. The public hearing may be continued or
adjourned from time to time by the Board of Trustees.
4. Procedure for Preliminary Approval
a. When the application is received, a copy of the proposal shall be
referred to the Tompkins County Planning Department in
accordance with sections 239-1 and m of Article 12-B of the
General Municipal Law.
b. The environmental review process shall be completed prior to final
decision on the application.
c. Within sixty (60) days from the date of the public hearing and
completion of the environmental review pursuant to 4.b. above, the
Board of Trustees shall make a final decision on preliminary
approval of the application. The Board may grant or deny
preliminary approval, or may grant approval of the application
with or without specified conditions to be met by the developer.
The Board of Trustees shall determine the amount and terms of a
Review and Inspection Fee established pursuant to Sec. G.3. herein
at the time of making a final decision on preliminary approval. The
time frame for such final decision to the Board of Trustees may be
extended by agreement between the Board of Trustees and the
applicant.
d. If preliminary approval is granted by the Board of Trustees, the
zoning map shall, by such approval, be amended to establish and
define the boundaries of the Planned Unit Development.
F. FINAL APPROVAL
1. Application
The developer shall, within six (6) months of receiving preliminary
approval, submit an application for approval of the final development plan
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Village of Cayuga Heights
to the Board of Trustees. The Board may extend the period for submission
of the final development plan by no more than an additional six months
upon application of the developer and upon good cause. The application
shall be accompanied by a filing fee of $250.00. If the application for final
approval is not submitted within six (6) months after the conditional
approval of the preliminary development plan (or within the extended
period), the Board may refuse to approve the final development plan and
require resubmission of the preliminary development plan.
2. Final Development Plan
Twelve copies of the final development plan shall be submitted. The size
of the sheet shall be 8-1/2 inches by 11 inches, minimum or 34 inches by
44 inches maximum, including a margin for binding. The plan shall be
drawn at a scale no smaller than 100 feet to the inch and oriented with the
north point at the top of the sheet. Where more than one sheet is required,
an additional index sheet of the same size shall be filed showing, to scale,
the entire planned development.
3. Contents of Plan
The final development plan shall contain the following items, in addition
to all data required for the preliminary development plan and not specified
below:
a. The name of the development and the Village, the name and
address of the record owner and developer, the name, license
number and seal of the land surveyor, project engineer, architect
and landscape architect.
b. Road right-of-way lines, pedestrian ways, lots, reservations,
easements, and areas to be dedicated to public use.
c. Final plans showing location, size and species of proposed
landscaping.
d. Sufficient data acceptable to the Village Engineer to determine
readily the location, bearing and length of every proposed road, lot
line and boundary line, and to reproduce such lines upon the
ground. Where applicable, these should be referenced to
monuments included in the State system of plane coordinates, and
in any event should be tied to reference points previously
established by a public authority.
e. The length and bearing of all straight lines, tangents, radii, length
of curves and central angles of all curves shall be given for each
road. All dimensions and angles of the line of each lot shall also be
given. All dimensions shall be shown in feet and decimals of a
foot. The plan shall show the boundaries of the property, location,
graphic scale and true north point.
f. The plan shall also show by proper designation thereon all public
open spaces for which deeds are included and those spaces title to
which is reserved by the developer. For any of the latter, there shall
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Village of Cayuga Heights
be submitted with the final development plan copies of agreements
or other documents showing the manner in which such areas are to
be maintained and the provisions made therefor.
g. Permanent reference monuments shall be shown, and shall be
constructed in accordance with specification of the Village
Engineer. When referenced to the State system of plane
coordinates, they shall also conform to the requirements of the
State Department of Transportation. They shall be placed as
required by the Village Engineer and their location noted and
referenced upon the plan.
h. Where separate lots are being created, all lot corner markers shall
be permanently located in accordance with New York State
licensed surveyor’s standards.
i. For all roads that are proposed to be conveyed to the Village,
monuments of a type approved by the Village Engineer shall be set
at all road intersections, angle points, tangent points of curves and
such intermediate points as shall be required by the Village
Engineer.
4. Construction drawings.
Unless additional copies are required by the Village Engineer, the final
development plan shall include four copies of the following:
a. Plans, profiles and typical cross-sections, as required, to show the
proposed location, size and type of proposed roads, walkways,
road lighting standards, street trees, curbs, water mains, sanitary
sewers and storm drains, pavements and subbase, manholes, catch
basins, and design drawings for bridges, culverts and similar
structures.
b. Profiles for proposed roads showing the existing natural grade,
typical cross-sections, centerlines of intersecting roads and a
centerline profile with dimensions on vertical curves and notation
as to gradient and critical elevations.
c. The location and invert profile of all storm and sanitary drainage
structures (manholes, catch basins, etc.) in road rights-of-way and
in drainage easements.
d. Profile drawings shall be drawn with a vertical scale of one inch
equals fifty feet and a horizontal scale of one inch equals ten feet
unless otherwise approved by the Village Engineer.
5. Financial Plan.
The final development plan shall contain evidence that financing for the
proposed construction is available and sufficient for completion of the
project and for guarantees that the work be completed as proposed.
6. Action on the Final Development Plan.
a. Within sixty (60) days of receipt of the final application, the Board
of Trustees shall disapprove or approve the final development plan,
or approve the plan on condition that alterations be made. The time
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Village of Cayuga Heights
period for Board action may be extended by mutual agreement
between the Board and the developer.
b. Upon approval of the final development plan, the Board of
Trustees may authorize and direct the mayor to sign the final
development plan and the zoning officer to issue a special permit.
Thereafter, the developer shall file the plan in the office of the
County Clerk and may proceed with construction of the planned
unit development.
c. Final approval shall be conditional upon compliance with
applicable requirements of Sec. G.1 and 2 below.
d. No final development plan shall be altered or revised after it has
been given approval and duly endorsed, except that changes that
may become necessary during construction may be made after
review and approval by the Board of Trustees.
e. Upon completion of any phase of the development, the zoning
officer will, upon request of the applicant, make a final inspection
thereof. If the zoning officer finds all work concerning
construction and site improvements complete and in compliance
with the approved final plan and all other applicable codes, laws,
ordinances, rules and regulations, the zoning officer shall issue a
certificate of compliance. In the event all proposed work has not
been properly completed, or is not consistent with the approved
final plan for which a special permit was issued, the zoning officer
shall refuse to issue a certificate of compliance and shall notify the
developer of the violations to be corrected.
f. Notwithstanding subsection e. above, the Board of Trustees may,
upon request by the developer, authorize and direct the zoning
officer to issue a temporary certificate of compliance if such
issuance would not endanger life, safety or the public welfare.
g. If construction of the project does not commence within one (1)
year of the date that the Board of Trustees authorized issuance of a
special permit, or if at any time construction is interrupted for a
period in excess of one (1) year, the Board of Trustees may revoke
the Planned Unit Development designation. Once revoked, the
original zoning classification for the parcel shall be reinstated, and
if the developer wishes thereafter to continue with the project, the
Planned Unit Development application and process shall begin
anew. The time period to commence construction may be extended
by the Board of Trustees upon good cause shown.
G. WARRANTIES AND FEES
1. Performance Guarantee
a. Estimate.
As a condition of final development plan approval, the developer
shall submit a preliminary estimate of the cost of all roads, sanitary
sewers, water systems, storm drains, culverts, walkways and other
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Village of Cayuga Heights
infrastructure improvements that are to become the responsibility
of the Village. Such cost estimate shall be submitted to the Village
Engineer together with a copy of the final development plan.
b. Form of Guarantee.
The developer shall file with the Village Clerk a performance
guarantee in an amount to be determined by the Board of Trustees
as adequate to cover the cost of completing all infrastructure
improvements that are to become the responsibility of the Village
Attorney, as set forth in subsection a. above. Such guarantee may
be in the form of performance bonds, escrow agreements, letters of
credit or similar collateral or surety agreements approved by the
Village Board and village Attorney as to form, sufficiency and
manner of execution.
c. Additional Conditions.
The performance guarantee shall be so written to allow the Village
to draw from the funds to perform any and all work covered by the
guarantee if the developer does not diligently, systematically and
expeditiously perform the work.
If the developer fails to perform in accordance with Village
standards and specifications, or those incorporated in the approved
final development plan or subdivision plan, then the Village shall
give written notice of such failure and the developer shall, within
fifteen (15) days, correct and properly perform as provided for in
such notice. If the developer fails to correct and perform the work
within such fifteen (15) day period, as set forth in the notice, the
Village shall have the authority to do the work and be reimbursed
for the cost thereof from the performance guarantee.
2. Warranty of Work and Materials.
a. For all infrastructure improvements that are to become the
responsibility of the Village, the developer shall warrant all work
performed and materials furnished against defect, failure,
inadequacy or breakage for a period of two (2) years from the date
of completion of the project or any phase of it if done in phases. In
the event of such defect, failure, inadequacy or breakage during
said warranty period, the developer shall make the necessary
repairs or replacements within two days of receiving written notice
thereof from the Village.
b. The form, amount and terms of such warranty shall be approved by
the Board of Trustees.
c. It shall be the developer’s responsibility to notify the Village forty-
five (45) days prior to the end of the warranty period. The Village
will make a final inspection and notify the developer of corrections
or repairs that must be made as part of the warranty. If such work
is not completed by the developer the Village shall make the
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Village of Cayuga Heights
necessary repairs or replacement and deduct all costs therefor from
the warranty funds.
3. Review and Inspection Fee.
a. A review and inspection fee shall be paid by the applicant for
review of a Planned Unit Development application, including
plans, architectural and engineering design, specifications and
similar materials, field inspections and approvals required by
regulations. Such fee is intended to cover the cost of professional
and administrative services, including but not limited to
architectural fees, engineering fees, legal fees and other consulting
and inspection fees incurred by the Village in its review of a
Planned Unit Development application.
b. The amount of such review and inspection fee shall be determined
by the Board of Trustees after receipt of the application for
preliminary approval of a Planned Unit Development. Such review
and inspection fee, or a letter of credit therefor, shall be submitted
to the Village Clerk prior to the date of the public hearing on the
application for preliminary approval and shall be drawn against to
pay for Village costs related to the project.
c. The Village shall document the nature and amount of any charges
against the review and inspection fee. Any funds that have not
been used when Village reviews and inspections are concluded
shall be returned to the developer. If the Village incurs costs for
review and inspection of the project that exceed the amount
initially deposited by the developer, the developer will, upon due
notification by the Village, provide an additional amount to cover
such costs.
1/15/93
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1993
Amending Article IX Zoning – Signs
Section 17. SIGNS
B. Permitted signs in all districts.
2. The following signs are permitted in any area of the Village of Cayuga Heights
but they shall not be erected or maintained without a permit as provided herein:
f. If there are more than two businesses operated on any one parcel or
contiguous parcels, which parcel or parcels are under the ownership,
operation, management or control of the same person, persons, firms, or
corporation, involving a shopping center or other multi-use facility, one free
standing sign which shall not exceed 18 square feet shall be permitted for the
parcel, parcels, development, or shopping center as a whole, regardless of the
number of separate businesses operated thereon, provided that if such a sign is
used, a sign or signs of the kinds referred to in the first and second sentences
of the preceding section d. shall not be used.
Effective June 21, 1993
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1993
Traffic Control
Section 7 Parking, Standing, and Stopping
(2)
(mm) On the west side of Highland Road within the right of way lines from Kline
Road north for 300 feet.
(nn) On the west side of Highland Road within the right of way line from 300
feet north of Kline Road for a distance of 220 feet for the period of 7:00
a.m. to 11:00 a.m. Monday through Friday.
(oo) On the west side of The Parkway within the right of way line from the
intersection of Highland Road north for 450 feet.
(pp) On the east side of The Parkway within the right of way line from the
intersection of White Park Road north for 250 feet.
(qq) On the north side of Northway Road within the right of way line from the
intersection of The Parkway east for 90 feet.
(rr) On the south side of Northway Road within the right of way line from the
intersection of The Parkway east for 90 feet.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 4 of the Year 1993
AMEND ARTICLE IX, SECTION 1 OF THE ORDINANCES OF THE VILLAGE
OF CAYUGA HEIGHTS (ZONING)
“SECTION 1 DISTRICTS”
Article IX, Section 1 of the Ordinances of the Village of Cayuga Heights shall be
replaced by the following:
SECTION 1. DISTRICTS
For the purpose of this ordinance, the Village of Cayuga Heights is hereby divided into
three districts, as follows:
Residence District
Multiple Housing District
Commercial District
A Planned Unit Development may be established in any district pursuant to the Planned
Unit Development Ordinance (Local Law #1 of 1993), and shall be subject to the
requirements set forth in the Planned Unit Development Ordinance and to any special
conditions imposed by the Board of Trustees in approving such Planned Unit
Development. These requirements shall supersede the zoning requirements set forth in
this article.
The Residence District is all the area of the Village not included in either the Multiple
Housing District or the Commercial District, and not included in the Planned Unit
Development described in this article.
The Multiple Housing District is that area bounded on the south by the Village Line, on
the west and north by Kline Road and Oak Hill Road to a point at the western end of Lot
No. 160, thence easterly along the southern boundary of lot No.’s 160, 161, 162, 163, 168
and the prolongation thereof across Triphammer Road to a point 600 feet from the center
line of Triphammer Road, and bounded on the east by a line from such point southerly to
the south Village Line parallel to the center line of Triphammer Road and 600 feet
easterly therefrom; also the area bounded and described as follows:
Commencing at a point in the north boundary of the Multiple Housing District
east of Triphammer Road, where the said line is intersected by a line 140 feet
southeasterly from and parallel with the southeast boundary of the premises now
owned by Dorothy McIlroy at No. 419 Triphammer Road;
thence northeasterly on a line parallel with and 140 feet southeasterly from the
southeast boundary of said McIlroy property and continuing on a line parallel
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Village of Cayuga Heights
with and 140 feet southeasterly from the southeast boundary of the property now
owned by E. Lawrence Palmer and wife to a point 140 feet south from the south
boundary of the property now owned and occupied by Sheldon M. Smith and
wife.
thence easterly on a line parallel with and 140 feet south of the south boundary of
said Smith property to the westerly line of Pleasant Grove Road;
thence southeasterly along the westerly line of Pleasant Grove Road to its
intersection with the east boundary of the Village;
thence south along the east boundary of the Village to the southeast corner of the
Village;
thence west along the boundary line between the Village of Cayuga Heights and
the City of Ithaca to the southeast corner of the existing Multiple Housing
District;
thence northerly along the east boundary of said existing district to the northeast
corner thereof;
thence westerly along the north boundary of the existing district to the place of
beginning.
The Commercial District is that area bounded as follows:
Beginning in the center of North Triphammer Road at the southwesterly corner of
the Texas Lane subdivision;
thence southerly along the center of North Triphammer Road, crossing Hanshaw
Road to the intersection with the center line of Triphammer Road at it’s eastern
terminus;
thence westerly along the center of Triphammer Road to the northwest corner of
the George R. Pfann residence lot;
thence southerly along the west boundary of the Pfann lot 207.9 feet to the
southwest corner thereof;
thence southwesterly in a straight line to the northwest corner of the Burr Ripley
residence lot;
thence easterly along the north line of the Ripley lot property at 406 E. Upland
(10-3-7) to the center of East Upland Road;
thence southeasterly at a right angle to East Upland Road for a distance of 225
feet;
thence southwesterly parallel with the easterly line of East Upland Road and 200
feet therefrom to the present north line of lands of Pearl Sheldon;
thence easterly along the north line of the lands of Pearl Sheldon to the northwest
corner of lands of Earl F. and Margaret Sharp;
thence southerly along the east boundary of the lands of Pearl Sheldon to the
north boundary of the lands of Pleasant Grove Cemetery Association at the
northwest corner of the addition to the cemetery conveyed to said Association by
Earl F. and Margaret Sharp;
thence easterly along the north boundary of said addition 619 feet; more or less, to
the centerline of Pleasant Grove Road;
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Village of Cayuga Heights
thence northwesterly along the center line of Pleasant Grove Road to the center of
Hanshaw Road;
thence easterly along the center of Hanshaw Road to the division line between the
Gardner Rogers and Ella Cushman properties;
thence north along said division line to the southeast corner of the Texas Land
subdivision;
thence northwesterly along the southerly boundary of said subdivision to the place
of beginning.
The following area is zoned as a Planned Unit Development:
Beginning at a point in the center line of North Triphammer Road, which point is
also the southeast corner of premises owned by Cornell University (290/08) in the
northeast corner of property now or formerly of Kir Sook Yin Ching (665/106);
thence north 82 degrees 27 minutes 28 seconds west a distance of 955.95 feet to
an iron pin;
thence south 08 degrees 02 minutes 11 seconds west a distance of 456.38 feet to a
point in the center line of Hanshaw Road;
thence northwesterly along the said center line of Hanshaw Road a distance of
138 feet, more or less, with a chord bearing and distance of north 70 degrees 52
minutes 31 seconds west 137.76 feet to a point;
thence north 78 degrees 18 minutes 32 seconds west along the said center line of
Hanshaw Road a distance of 368.97 feet to a point;
thence north 17 degrees 36 minutes 18 seconds east a distance of 158.52 feet to an
iron pin;
thence north 72 degrees 19minutes 37 seconds west a distance of 300.27 feet to an
iron pin;
thence north 70 degrees 28 minutes 45 seconds west a distance of 129.64 feet to
an iron pin;
thence north 70 degrees 49 minutes 03 seconds west a distance of 159.11 feet to
an iron pin;
thence north 09 degrees 04 minutes 06 seconds east a distance of 191.15 feet to an
iron pin;
thence north 60 degrees 55 minutes 54 seconds west a distance of 170.00 feet to
an iron pin;
thence south 39 degrees 25 minutes 09 seconds west a distance of 257.42 feet to
an iron pin;
thence north 51 degrees 00 minutes 10 seconds west a distance of 150.20 feet to
an iron pin;
thence north 47 degrees 39 minutes 15 seconds west a distance of 83.42 feet to an
iron pin;
thence south 85 degrees 31 minutes 09 seconds west a distance of 161.23 feet to
an iron pin;
thence north 29 degrees 32 minutes 06 seconds west a distance of 44.42 feet to an
iron pin;
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Village of Cayuga Heights
thence north 14 degrees 21 minutes 29 seconds west a distance of 10.09 feet to an
iron pin;
thence north 86 degrees 05 minutes 44 seconds east a distance of 179.71 feet to an
iron pin;
thence north 45 degrees 28 minutes 25 seconds east a distance of 95.26 feet to an
iron pin;
thence north 08 degrees 21 minutes 38 seconds east a distance of 93.58 feet to an
iron pin;
thence south 82 degrees 34 minutes 58 seconds east a distance of 181.46 feet to an
iron pin;
thence north 07 degrees 58 minutes 19 seconds east a distance of 1,663.16 feet to
an iron pin;
thence south 81 degrees 58 minutes 27 seconds east a distance of 525.50 feet to an
iron pin;
thence south 82 degrees 33 minutes 44 seconds east a distance of 669.31 feet to an
iron pin;
thence south 82 degrees 02 minutes 39 seconds east a distance of 694.80 feet to an
iron pin;
thence south 85 degrees 50 minutes 41 seconds east a distance of 308.60 feet to a
point in the center line of said North Triphammer Road;
thence southerly along the center line of said North Triphammer Road a distance
of 172 feet, more or less, with a chord bearing and distance of south 00 degrees 34
minutes 10 seconds east, 171.52 feet;
thence south 07 degrees 42 minutes 46 seconds west along said center line of
North Triphammer Road a distance of 916.06 feet;
thence south 07 degrees 34 minutes 26 seconds west along the said center line of
North Triphammer Road a distance of 398.7 feet to a point;
thence south 03 degrees 54 minutes 16 seconds west along said center line of
North Triphammer Road a distance of 139.78 feet to a point;
thence southerly along said center line of North Triphammer Road a distance of
294 feet, more or less, with a chord bearing and distance of south 01 degrees 45
minutes 55 seconds west, 293.30 feet to the point or place of beginning.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1994
Supplementary Cross-Connection Control Law
Preamble
WHEREAS, the State of New York has adopted the New York State Sanitary Code
(NYCRR 10(Health), Volume A, Chapter 1, State Sanitary Code, Part 5) which contains
Subpart 5-1, entitled “Public Water Supplies,” which, in turn, contains Section 5-1.31,
entitled “Connection Control” (the “NYS Cross-Connection Control Law”), and
WHEREAS, the New York State Department of Health has issued a policy statement
regarding public water supply cross-connections in the Department of Health’s Bureau of
Public Water Supply’s publication entitled “Public Water Supply Guide: Cross-
Connection Control,” dated January, 1981, and
WHEREAS, the Municipality has enacted a Local Law for Cross-Connection Control,
designated Local Law No. 1 of 1979 (the “CCC Law” or the “Cross-Connection Control
Law”), and
WHEREAS, the Town of Dryden, the Town of Ithaca, the Town of Lansing, the Village
of Cayuga Heights and the Village of Lansing are members of the Southern Cayuga Lake
Intermunicipal Water Commission (the “Commission”), and
WHEREAS, the Municipality desires to amend and supplement the CCC Law in order to
provide additional safeguards to potable water supplies by implementing a more
comprehensive and effective back-flow prevention program that conforms to the
requirements of the New York State Cross-Connection Control Law and the New York
State Department of Health policy guidelines:
NOW, THEREFORE, the Municipality enacts this Local Law to be known as the
“Supplementary Cross-Connection Control Law.”
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Village of Cayuga Heights
Part I.
AMENDMENT OF THE ORIGINAL CCC LAW AND DELEGATION OF
AUTHORITY
Article 1. Definitions, Interpretation and Separability.
All terms defined in the CCC Law and used in this law shall have the meanings given to
them in the CCC Law. This Law is to be interpreted reasonably. In applying this Law,
enforcement officials shall recognize that different circumstances result in varying
degrees of hazard, and that the degree of protection or prevention required in each
situation should be commensurate with the degree of hazard. If any article, section,
paragraph, subdivision, clause, phrase or provision of this Law shall be adjudicated
invalid or unconstitutional, the validity of this Law as a whole or any part thereof other
than the part so adjudicated to be invalid or unconstitutional shall not be affected.
Article 2. Specific Amendments to the CCC Law.
(a) Article 2, Section 6, entitled “Barometric Loop” of the CCC Law is hereby
deleted in its entirety.
(b) In Article 3, Section I, Part 1 of the CCC Law, the following language is
hereby added to the end of the first sentence: “or the auxiliary water supply is
properly abandoned.”
(c) In Article 3, Section I, Part 2 of the CCC Law, the language “other than the
supplied water” is hereby added to the first sentence after the phrase “on
which any substance” and preceding the phrase “is handled under pressure.”
(d) Article 3, Section I, Part 3 of the CCC Law is hereby deleted in its entirety
and replaced by the following paragraph:
Each service connection from a public water system for supplying water to
premises on which any substance that is unusually toxic or a danger to human
health is or may be handled in liquid form, or in solid or gaseous form if such
substance is intended to be used after conversion to liquid form, even if such
substance is not under pressure, shall be protected against back-flow of the water
from the premises into the public water system. Examples of such premises
include, but are not limited to, plating factories, premises on which cyanide is
handled and hospitals. This paragraph is not intended to apply to normal
residential installations.
(e) In Article 3, Section II, Part 1 the word “approved” is hereby added before the
words “auxiliary water supply.”
(f) In Article 3, Section II, Part 2 of the CCC Law, the phrase “or where the
auxiliary water supply is not approved” is hereby added following the comma
in such section.
(g) The first sentence of Article 3, Section II, Part 4 is hereby deleted in its
entirety and replaced by the following sentence: “At each service connection
from a public water system for supplying water to premises on which any
substance that is unusually toxic or a danger to human health is or may be
handled, in liquid form, or in solid or gaseous form if such substance is
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Village of Cayuga Heights
intended to be used after conversion to liquid form, even if it is not under
pressure, the public water supply shall be protected by an air-gap separation or
an approved reduced pressure principle back-flow prevention device.”
(h) The first sentence of Article 3, Section II, Part 5 of the CCC Law is hereby
deleted and replaced with the following sentence: “At each service connection
from a public water system for supplying water to premises on which any
substance that is unusually toxic or dangerous to human health is or may be
handled under pressure, the public water supply shall be protected by an air-
gap separation or an approved reduced pressure principal back-flow
prevention device.”
(i) The text of Article 3, Section III of the CCC Law is hereby deleted in its
entirety and in place thereof reference shall hereafter be made to the
provisions of Part II, Article 2 of this Law.
Article 3. Delegation of the Municipality’s Authority under this Law.
(a) The Municipality is hereby authorized to delegate all or any part of its power,
authority and/or responsibilities under this Law and under the CCC Law, to
the extent permitted by applicable law, to an authorized delegate, such as the
Commission or an authorized representative of the Commission. In the event
that the Municipality does delegate all or any part of its power, authority
and/or responsibilities to an authorized delegate, such delegate shall be
deemed to be acting with the full power and authority of the Municipality in
regard to such matters, to the extent such power and authority exists under
applicable law and to the extent such power and authority may be so delegated
under applicable law. In the event that the Municipality so delegates its
power, authority or responsibility in regard to a particular matter discussed in
this Law, then, for the purposes of interpreting the text of this Law referring to
such matter, each and every reference in such text to “the Municipality” may
be understood to be a reference to the Municipality’s authorized delegate,
such as, for example, as a reference to “the Commission.”
(b) The delegation of power, authority or responsibility described in Section (a)
above may be made by written agreement among the municipalities that are
members of the Commission. In such an agreement, the Municipality may
authorize the entity to which the Municipality is thereby delegating its power,
authority or responsibility, such as the Commission, to (i) appoint an
administrator for a back-flow prevention program designed to implement the
provisions and fulfill the requirements of this Law and the CCC Law who
shall be an employee of the authorized delegate, or (ii) select and engage an
engineering or contracting or similar firm or person to act as administrator for
the back-flow prevention program, or (iii) administer the back-flow
prevention program itself, or (iv) combine options (i), (ii) and (iii) in
structuring and assigning the various tasks of, the administration of the
program. In the event that the Municipality so empowers its authorized
delegate, and its authorized delegate takes any of the foregoing actions, the
Municipality’s authorized delegate may grant to the program administrator
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Village of Cayuga Heights
any and all such power, authority or responsibility as has been delegated to the
authorized delegate, and as the Municipality’s authorized delegate deems
necessary or appropriate, to develop, implement, administer and enforce the
terms of a back-flow prevention program on behalf of the Municipality. Such
delegation to the program administrator shall be made only to the extent
permissible under applicable law.
Part II
SUPPLEMENTARY PROVISIONS TO THE CCC LAW
Article 1. Installation and Servicing of Water Distribution Systems.
All persons within the Municipality that own or operate any water distribution system, or
component of a water distribution system, that is connected to the public water supply
system of the Municipality (each, a “user”), as well as all persons that perform
installation, repair, modification or servicing of any part of such users’ water distribution
system, shall take all steps necessary or appropriate to minimize the occurrence of back-
flow into the public water system and any resultant damage. Such steps shall include, but
shall not be limited to, control of fire hydrant flow, maintaining maximum possible
pressure during repairs, follow-up flushing and bacterial testing. Users of the public water
supply system, and persons that intend to perform installation, repair, modification or
servicing of any part of such users’ water distribution system, shall contact the
Municipality, or its designated agent, to obtain the information regarding the potential
causes of and problems resulting from back-flow into the public water supply, as well as
the measures necessary or appropriate to prevent back-flow in accordance with the New
York State Cross Connection Control Law and N.Y.S. Department of Health
requirements, that such persons may require in order to achieve and maintain compliance
with this Law.
Article 2. Survey of Users.
(a) Each user of the public water system who, under applicable New York State
Law, may be considered to be a potentially hazardous user shall cooperate, to
the extent reasonably possible, in enabling the Municipality, utilizing either its
own personnel or independent contractors or a combination of both, to
perform surveys of such user’s water distribution system in order to determine
if such user is a potentially hazardous user.
(b) Any person selected by the Municipality to perform such surveys, whether an
employee of the Municipality or an independent contractor, shall demonstrate
to the satisfaction of the Municipality that such person has received such
training as is necessary or appropriate to perform the surveys in a thorough
and accurate manner.
Article 3. Certification of Potentially Hazardous Users.
(a) Each user that receives written notice of having been identified, under
applicable New York State law, as a potentially hazardous user shall be
obligated, immediately upon receipt of such notice, to obtain and deliver to
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Village of Cayuga Heights
the Municipality, or to the Municipality’s designated agent, as stated in such
notice, written certification (i) certifying whether the hazard described in the
notice does or does not exist, and (ii) if such hazard does exist, certifying that
a New York State Health Department – approved back-flow prevention
device (A) has been properly installed and (B) is fully-operational. The
written certification must be signed by a licensed professional engineer who
has adequate training, in the opinion of the Municipality or its designated
agent, in sanitary engineering, including in back-flow prevention systems,
water distribution and hydraulics. Any inspection and/or testing performed in
connection with the preparation of the written certification must be performed
by a person who has received certification from the State of New York
Department of Health as a certified back-flow prevention device tester (such
person referred to in this Law as a “certified back-flow prevention device
tester”), who has performed such inspection and/or testing under the
supervision of the professional engineer who signs the written certification.
The certification shall be dated, signed and sealed by the certified back-flow
prevention device tester not later than seventy-two (72) hours following the
performance of any necessary tests at the site, and, if no testing was
performed, not later than forty-eight (48) hours following physical inspection
of the site.
(b) In the event that a user receives written notification from the Municipality, or
its designated agent, that such user’s certification (i) is materially deficient in
regard to the scope, nature or detail of information provided, (ii) contains any
material errors or (iii) provides information indicating that the user’s back-
flow prevention device or system is inadequate or unsatisfactory, then this
subsequent notice shall have the same effect as the initial notice described in
subsection (a) above, that is, immediately upon receipt of this subsequent
notice, the user shall be obligated to obtain and deliver to the Municipality, or
to the Municipality’s designated agent, as stated in such notice, a certification
as described in (a) above, which certification, in addition to the requirements
of (a) above, specifically states the manner in which the defect identified in
the subsequent notice has been cured.
(c) In the event that the user has failed to deliver either (i) the certification
described in subsection (a) above within thirty (30) days of the date of the
initial notice to the user, or (ii) the certification described in subsection (b)
above within fifteen (15) days of the subsequent notice to the user, then such
user shall be in violation of this Law and subject to such penalties as are
provided for herein and under all other applicable law.
(d) Each user shall pay a filing fee established by the Municipality for the filing
of the above-described certifications. Such fees may vary depending upon the
nature of the user’s business, the volume of water used by the user, and the
size, age and location of the user’s facilities.
(e) All surveys of user’s water distribution systems and all certifications
delivered in accordance with this law shall be and remain the property of the
Municipality.
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Village of Cayuga Heights
(f) Each user who has been identified as a potentially hazardous user and has
been sent a notice in accordance with subsection (a) above shall be required
to deliver to the Municipality, or its designated agent, an updated certification
as described in subsection (a) above not less than once during every twelve
(12) month period following the date of the initial notice to the user stating
that the user has been identified as a potentially hazardous user. The
Municipality may deliver notices of such requirement for updated
certifications to users periodically. In any case that the Municipality has
notified a user that a certification is defective as described in subsection (b)
above, the Municipality may require, by delivery of written notice to the user,
that the user deliver to the Municipality additional written certifications, as
described in subsection (a) above, once in each four (4) month period during
the twelve (12) months following delivery of the defective certification.
(g) In the event that any user that has previously been identified as a potentially
hazardous user by having received a notice as described in (a) above intends
to install any back-flow prevention device at its premises, prior to installation
of such device the user shall deliver to the Municipality, or to the
Municipality’s designated agent, a written statement, prepared by a New
York State licensed professional engineer, describing the device and a copy
of the user’s plans for its installation. The user shall not install such device
until the user has received the Municipality’s, or the Municipality’s
designated agents, written approval to such plans, and such approval as may
be required from the Tompkins County Health Department. If the installation
of the device deviates substantially from such plans, the user shall obtain the
Municipality’s, or the Municipality’s designated agent’s, written approval,
and such approval as may be required from the Tompkins County Health
Department, to such deviation.
Article 4. Penalties
(a) In the event that a user of the public water supply fails to comply with any
term or provision of this Law, the user shall be in violation of this Law, and
such user shall be subject to the imposition of such penalties as are provided
in accordance with the Cross Connection Control Law, and/or in accordance
with this Law and/or in accordance with any other applicable law. In addition,
a violation of this Law shall constitute a violation under the Penal Law of the
State of New York. If no other penalties are provided, a violation of this Law
shall be deemed to be a misdemeanor, and the violator shall be subject to a
fine of up to One Thousand and 00/100 ($1,000.00) Dollars and imprisonment
for up to one (1) year. Each week’s continued violation shall constitute a
separate offense. The provisions of the Criminal Procedure Law, and any
other law applicable to misdemeanors, shall govern criminal prosecutions of
violations of this Law.
(b) In addition to any other penalties provided in the Cross-Connection Control
Law, or any other applicable law, if a user fails to provide to the Municipality,
or to the Municipality’s designated agent, any certification required in
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Village of Cayuga Heights
accordance with Article 3 of this Law, the user shall be subject to a fine. This
fine shall not exceed twenty-five ($25.00) dollars for each day beyond the one
hundred eightieth (180th) day following the date of the original notice to the
user (as described in Article 3, subsection (a) of this Law) multiplied by the
number of inches of diameter of the largest pipe supplying public water to
such user’s premises,
(c) In addition to any other penalties provided for herein, the Municipality may
institute any appropriate action or proceeding to prevent the unlawful
installation, repair, modification, maintenance or use of a water distribution
system that is connected to the public water supply in violation of the
requirements of this Law, the Cross-Connection Control Law or other
applicable law.
Article 5. Residential Users.
(a) Residential users shall be considered potentially hazardous users if a
determination is made by the Municipality that (i) an activity conducted at the
residential property or (ii) a circumstance specific to the residential property
establishes an equivalent degree of hazard as might be found in the situation
of a potentially hazardous non-residential user. Examples of such activities
and circumstances include, but are not limited to, the presence of boiler feed
inhibitors, antifreeze loops and single-walled heat exchangers. Residential
swimming pools and double-walled heat exchanger systems shall not be
considered potential hazards.
(b) Residential users also shall be considered potentially hazardous users if:
i. The residential user obtains its water supply from a private well in
addition to the public water supply service. In this case, the residential
user must either comply with all currently applicable requirements of the
NYS Cross-Connection Control Law and of the NYS Department of
Health Cross- Connection Control Guide, or abandon use of the private
well supply in a proper manner.
ii. The residential user owns, operates, installs or relocates a lawn sprinkler
system which employs underground lawn sprinklers. Such a residential
user shall be required to install acceptable reduced pressure zone devices
in accordance with the conditions of subpart 5-1.31(a) of the NYS Cross-
Connection Control Law. Residential users who own, operate, install or
relocate a “pop-up” lawn sprinkler system, rather than a strictly
underground sprinkler system, shall likewise be required to install an
acceptable reduced pressure zone device under said subpart 5-1.31(a),
unless such owners apply in writing to the Municipality for a waiver of
this requirement and receive written confirmation from the Municipality
of such waiver. The requirement described in this subsection (ii) shall not
apply to lawn sprinkler systems that are six (6) inches or more above
grade.
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Village of Cayuga Heights
Article 6. Private Hydrants
Owners and operators of private hydrants which are not under the control of the public
water supplier shall be required to install acceptable reduced pressure zone devices in
accordance with part 5-1.31(a) of the NYS Cross-Connection Control Law. The
foregoing requirement shall apply whether the private hydrants are used to augment fire
fighting systems, for lawn fertilization, for tree spraying or for any other purposes.
Article 7. Multiple Customer Distribution Systems.
(a) A “multiple customer distribution system,” according to the New York State
Department of Health, includes all strip shopping centers, malls and similar
water distribution networks. For the purposes of this Law, the term “multiple
customer distribution system” shall also include any system providing water
to any single non-residential building or group of non-residential buildings
that are occupied by two (2) or more entities which entities are not all owned
by a common owner or by one another or are not all engaged in the conduct of
the same activities at the location served by said water system. All multiple
customer distribution systems shall be identified as potentially hazardous
users, because there is generally no communication with the Municipality
regarding changes in individual customers using such systems. Owners of
such systems, and/or their agents, shall install acceptable reduced pressure
zone protection in such systems within the common service portion of such
systems and as close within such systems to the water meter as is reasonably
practical.
(b) In the event that (i) the owner of multiple customer distribution systems,
and/or the owner’s agent, submits to the Municipality, or the Municipality’s
designated agent, a detailed written description, satisfactory to the
Municipality, or its designated agent, of (A) the system and its users and (B)
any change in any of the users of such system within thirty (30) days of such
change, and (ii) the Municipality, or its designated agent, determines that no
user of such system is a potentially hazardous user, and that the system
otherwise complies with all applicable back-flow prevention laws, the
multiple customer distribution system shall be entitled to a waiver of
compliance with the requirements of (a) above. Failure on the part of the
owner and/or the owner’s agent to deliver the notification of change of users
described in (B) above shall automatically make void any waiver from
compliance with the requirement to install adequate reduced pressure zone
protection in the multiple customer distribution system.
Part III
Effective Date This Local Law shall take effect immediately.
January 17, 1994
Local Laws Page 151
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1994
Authorize Village Board of Trustees to Establish Fees by Resolution
The Village Board of Trustees shall establish fees by resolution for the following:
building permits, fees for projects with code enforcement covered through other
agreements, pre-existing use variances, sub-divisions, filing fees for Zoning Board of
Appeals, Clerk’s fees, parking tickets for enforcement of laws pertaining to the Village,
and other similar or related applications as determined appropriate by the Board.
Dated: 4/7/94
Local Laws Page 152
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1995
Amendment of the 1986 Legislature on Senior Citizens’ Tax Exemption
to a Maximum Income of $17,500
Adopt a maximum income of $17,500 for Senior Citizens Exemption of real
property taxes of 50%. A possible “sliding scale” exemption is not included.
Local Laws Page 153
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1996
Amend and Supplement Local Law No. 3 of 1993 – Traffic Control
Section 7. Parking, Standing and Stopping
Subdivision b. Parking, Standing or Stopping in Designated Locations:
(2) The parking of vehicles is hereby prohibited in any of the following locations:
(h) on both sides of Ridgewood Road within the right-of-way line from the
southeast corner of Wyckoff Road south to the south line of the Village.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1997
Establish Sewer Rates for 1997-98
Village of Cayuga Heights Sewer Rates for the Fiscal Year 1997-98 are set at
$75.00 per unit for inside rate and $112.50 per unit for outside rate.
Local Laws Page 155
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1998
Moratorium on Telecommunication Towers
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights as
follows:
Section 1. Purpose
(a) The Federal Telecommunications Act (the “Act”) was signed into law in February
of 1996. The Art preserves the authority of local governments over reasonable
nondiscriminatory decisions regarding the placement, construction, and modification
of telecommunication towers. The passage of the Act, the increased sale of airwave
rights and issuance of licenses by the FCC, the increased demand for wireless
communication services, and new technology have lead to a significant increase in
the demand for telecommunication towers within the State. The Village has received
several requests to locate such towers and accessory uses within the Village or
expects to receive such requests.
(b) The Village has significant concerns over the location of telecommunications
towers within the Village. The Village would like to insure that the installation of
these towers proceeds in a fashion that minimizes any adverse impacts while
maximizing services and benefits to the community. The Village wants to
accommodate the need for telecommunication towers while regulating their location
and number, minimize adverse visual effects through proper design, siting and
screening, avoid potential physical damage to adjacent properties, and encourage joint
use of tower structures.
(c) This law is necessary in order to address the Village’s concerns by prohibiting the
filing of new applications for tower construction and thus defer official governmental
action permitting the construction of towers to give the Village time to research the
issues and adopt a local law regulating telecommunication towers and accessory uses
consistent with the comprehensive plan of the Village.
Section 2. Definitions
(a) Telecommunications Tower – A structure, including one or more antennas,
that is intended for transmitting and/or receiving radio, television, telephone,
or microwave communications but excluding those used either for fire, police
and other dispatch communications, or exclusively for private radio and
television reception and private citizen’s bands, amateur radio and other
similar private, residential communications.
(b) Accessory Use – An accessory use serves the principal use, is subordinate in
area, extent or purpose to the principal use, and is located on the same lot as
the principal use. Examples of such uses include transmission equipment and
storage sheds.
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Village of Cayuga Heights
Section 3. Imposition of Moratorium
(a) For a period of one hundred twenty (120) days from and after the effective
date of this law, no application for the construction or erection of a
telecommunications tower or accessory use may be filed, accepted or
processed. For the purpose of this law, an application for tower construction
shall be deemed to mean any request for official action by the Board of
Trustees or other boards or officers of the Village which request and approval
would in any way commence or continue the process whereby a
telecommunications tower or accessory use is or may be constructed or
erected.
(b) The imposition of this law shall not affect the processing of applications for
tower construction for which approval has been granted prior to the effective
date of this law or for existing towers.
Section 4. Validity
If any section, sentence, clause or phrase of this law is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this law.
Section 5. Effective Date
This law shall become effective upon filing in the office of the Secretary of State.
Local Laws Page 157
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1998
Establish Sewer Rates for the Year 1998-99
Village of Cayuga Heights Sewer Rates for the Fiscal Year 1998-99 are set at
$75.00 per unit for Inside Rate and $112.50 per unit for Outside Rate.
Local Laws Page 158
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1998
Amending Zoning Ordinance to add Section 17-B,
Telecommunications Towers and Facilities
The Zoning Ordinance of the Village of Cayuga Heights as re-adopted, amended and
revised March 1, 1962, thereafter amended from time to time be further amended as
follows:
I. Section 17 denominated SIGNS is hereafter to be referred to as Section 17-A.
II. A new section, 17-B, TELECOMMUNICATION TOWERS AND FACILITIES, is
now added:
PURPOSE: The purpose of these supplemental regulations is to promote the health,
safety, and general welfare of the residents of the Village of Cayuga Heights; to provide
standards for the safe provision of telecommunications consistent with applicable federal
and state regulations; to minimize the total number of telecommunication towers and
facilities in the community by encouraging shared use of existing and future facilities,
and the use of existing tall structures; to serve the prevailing aesthetic of the entire
Village and to minimize adverse visual effects from telecommunication towers by
requiring careful siting, visual impact assessment, and appropriate landscaping.
1. Definitions
a. Telecommunication Tower – Any structure greater than thirty (30) feet in
height which is capable of receiving and /or transmitting signals for the purpose of
communication in connection with a telecommunications facility.
b. Telecommunication Facility – Any commercial equipment used in connection
with the provision of two-way wireless communication services, including cellular
telephone services, personal communications services, and private radio
communications services, regulated by the Federal Communications Commission in
accordance with the Telecommunications Act of 1996 and other federal laws. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as
well as antenna(s), switching stations, principal and accessory telecommunications
equipment and supporting masts, wire, structures, and buildings.
2. Application of Permit Regulations
a. No telecommunication facility or tower (except those approved prior to the
effective date of this section) shall be used unless in conformity with these regulations
which shall be administered by the Village Zoning Officer, Permit applications
hereunder to be heard by the Village Planning Board (hereafter sometimes “Board”).
No telecommunication facility or tower shall hereafter be erected, moved,
reconstructed, changed or altered unless in conformity with these regulations. No
existing structures shall be modified to serve as a telecommunication tower unless in
conformity with these regulations.
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Village of Cayuga Heights
b. Applicants proposing to co-locate on a previously approved telecommunication
tower may be granted a permit under an abbreviated approval process as outlined in
subsection 3 below. They are, however, subject to Site Plan Review in accordance
with subsection 8 below of this Section. The Village Planning Board shall require the
applicant to submit the items under subsection 3(a) below as part of the Site Plan
Review Process.
c. These regulations shall apply to all property within the Commercial District and the
P.U.D. District. Telecommunication towers and facilities shall be specifically excluded
from all other zones.
d. Applications for permit hereunder to construct new telecommunication
towers shall comply with the Code of Federal Regulations pertaining to objects
affecting navigable airspace as delineated within Federal Aviation Regulations (FAR)
Part 77. Additionally, no application for construction of a new telecommunication
tower will be approved if the proposed tower violates the criteria for obstructions to air
navigation as established by FAR Part 77 Subpart C-Obstruction Standards.
e. Applicants shall provide evidence of whether they are a public utility in the State of
New York.
f. All applications under this section, once commenced, shall be processed to
completion by the applicant and the Village Zoning Officer and Planning Board with
all the reasonable promptness the matter will permit.
3. Shared Use of Existing Tall Structures. At all times, shared use of existing tall
structures (for example municipal water towers, multi-story buildings, church steeples,
farm silos, etc.), and existing or approved towers (see subsection 2(b) above), shall be
preferred to the construction of new towers or facilities.
a. An applicant proposing to share use of an existing tall structure shall be required to
submit:
i. Such abbreviated application as the zoning officer shall designate
at a pre-submission conference with the applicant.
ii. Documentation of intent from the owner of the existing facility to allow use.
iii. A site plan. The site plan shall show all existing and proposed structures and
improvements including antennae, roads, buildings, guy wires and anchors, parking
and landscaping, and shall include grading plans for new facilities and roads. Any
methods used to conceal the modification of the existing facility, shall be indicated
on the site plan.
iv. A NY Licensed engineer’s report certifying that the proposed shared use will
not diminish the structural integrity and safety of the existing tall structure, and
explaining what modifications, if any, will be required in order to certify to the
above.
v. A completed short form EAF (environmental assessment form) and a completed
visual EAF addendum, under SEQRA (NYS Environmental Quality Review Act).
vi. A copy of its Federal Communications Commission (FCC) license.
b. If an applicant proposing to share use of an existing tall structure submits complete
and satisfactory documentation in accordance with subsection 3(a) above, and if
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Village of Cayuga Heights
modifications indicated according to subsection 3(a) are deemed insignificant by the
Board, and after the Board conducts a public hearing and complies with all SEQRA
provisions, the Board may grant a permit under this section without further review. If
the Board determines that any modifications indicated according to subsection 3(a) are
significant, it may require further review according to subsections 8 through 19 below.
4. New Telecommunication Tower. The Board may consider a new telecommunication
tower when the applicant demonstrates that shared use of existing tall structures and
existing or approved towers is impractical. An applicant shall be required to present an
adequate report inventorying all existing tall structures and existing or approved towers
within a reasonable distance of the proposed site. This distance shall be determined by
the Board in consultation with the applicant. The report shall outline opportunities for
shared use of these existing facilities as an alternative to a proposed new tower. The
report shall demonstrate good faith efforts to secure shared use from the owner of each
existing tall structure and existing or approved tower as well as documentation of the
physical, technical and/or financial reasons why shared usage is not practical in each
case. Written requests and responses for shared use shall be provided.
5. Shared Usage of an Existing Tower Site for Placement of a New Tower. Where
shared use of existing tall structures, and existing or approved towers, is found to be
impractical, the applicant shall investigate shared usage of an existing tower site for its
ability to accommodate a new tower and accessory uses. Documentation and conditions
shall be in accordance with subsection 4 above. Any proposals for a new
telecommunication tower on an existing tower site shall also be subject to the
requirements of subsections 7 through 19 below, which may, as appropriate in the sound
discretion of the Board, entail a full Permit application process hereunder as if it were an
application for a new tower at a new location.
6. New Tower at a New Location. The Board may consider a new telecommunications
tower on a site not previously developed with an existing tower when the applicant
demonstrates that shared use of existing tall structures, and existing or approved towers,
is impractical, and submits a report as described in subsection 4 above; and when the
Board determines that shared use of an existing tower site for a new tower is undesirable
based upon the applicant’s investigation in accordance with subsection 5. Any proposal
for a new telecommunication tower shall also be subject to the requirements of
subsections 7 through 19 below, and the documentation to satisfy those requirements
shall constitute the Permit application under this section.
7. New Towers: Future Shared Use. The applicant shall design a proposed new
telecommunications tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the Board a letter of intent committing the owner
of the proposed new tower, and his/her successors in interest, to negotiate in good faith
for shared use of the proposed tower by other telecommunications providers in the future.
This letter shall be filed with the building inspector prior to issuance of a building permit.
Failure to abide by the conditions outlined in the letter may be grounds for revocation of
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Village of Cayuga Heights
the special permit. The letter shall commit the new tower owner and his/her successors in
interest to:
a. Respond within 30 days to a request for information from a potential shared
use applicant.
b. Negotiate in good faith concerning future requests for shared use of the new
tower by other telecommunications providers.
c. Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. The charge may include but is not
limited to a pro rata share of the cost of site selection, planning, project
administration, land costs, site design, construction and maintenance financing,
return on equity, and depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic
interference.
8. Site Plan Review: Submission Requirements.
a. An applicant shall be required to submit a site plan which depicts the
information required under subsections 9 and 11 through 16 below. The site plan
shall show all existing and proposed structures and improvements including
roads, buildings, towers, guy wire and anchors, antennae, parking and
landscaping, and shall include grading plans for new facilities and roads, and must
bear the seal of an engineer licensed to practice in the State of New York. Some
of the details which the Board will expect to be addressed are:
i. The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and anchors,
if applicable.
ii. The maximum height of the proposed facility, including all
appurtenances.
iii. A detail of tower type, if any, including engineering drawings from the
tower manufacturer (monopole, guyed. free-standing, or other).
iv. The location type and intensity of any lighting on the tower.
v. Property boundaries and names of all adjacent landowners.
vi. Proof of the landowner’s consent to the erection of the facility and
agreement to abide by this section of the zoning ordinance if the applicant
is not the landowner.
vii. The location of all other structures on the property and all structures
on any adjacent property within one hundred feet of the property lines,
together with the distance of these structures from any proposed tower.
viii. The location, nature, and extent of any proposed fencing, landscaping
and screening.
ix. The location and nature of any proposed utility easement and access
roads or drives.
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Village of Cayuga Heights
b. Supporting Documentation – The application shall submit a complete EAF
(long form), a complete Visual Environmental Assessment Form (visual EAF
addendum), and documentation on the proposed intent and capacity of use as well
as a justification for the height of any tower and justification for any clearing
required. The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
9. Lot Size and Setbacks. All proposed telecommunication towers and accessory
structures shall be located on a single parcel and shall be set back from abutting parcels
and street lines a distance sufficient to contain substantially on-site all ice-fall or debris
from tower failure (the “fall zone”) and preserve the privacy of any adjoining properties.
a. Lot size of parcels containing a tower shall be determined by the amount of
land required to meet the setback requirements. If the land is to be leased the
entire area required shall be leased from a single parcel unless the Board
determines that this provision may be waived.
b. Telecommunication Towers shall comply with all existing setback
requirements of the underlying zoning district, and shall be located with a
minimum setback from any property line equal to one half (1/2) of the height of
the tower or the fall zone demonstrated to the Board’s satisfaction, whichever is
greater. Accessory structures shall comply with the minimum setback
requirements in the underlying zoning district.
10. Visual Impact Assessment. The Board may require the applicant to undertake a
visual impact assessment which may include:
a. A “Zone of Visibility Map” shall be provided in order to determine locations
where the tower may be seen.
b. Pictorial representations and computer-generated visual simulations of “before
and after” views from key viewpoints both inside and outside of the Village
including but not limited to: state highways and other major roads, state and local
parks, other public lands, preserves and historic sites normally open to the public,
and from any other location where the site is visible to a large number of visitors
or travelers. The Board shall determine the appropriate key sites at a pre-
submission conference with the applicant.
c. Assessment of alternative tower designs and color schemes, as described in
subsection 11 below.
d. Assessment of the visual impact of the tower base, guy wires, accessory
buildings and overhead utility lines from abutting properties and streets.
11. New Tower Design. Alternative designs shall be considered for new towers,
including lattice and single pole structures. The design of a proposed new tower shall
comply with the following:
a. Any new tower shall be designed to accommodate future shared use by other
telecommunications providers.
b. Unless specifically required by other regulations, a tower shall have a finish
(either painted or unpainted) that minimizes its degree of visual impact.
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Village of Cayuga Heights
c. The maximum height of any new tower shall be justified on a basis of necessity
and shall not exceed that which shall permit operation without artificial lighting of
any kind or nature, in accordance with municipal, state, and/or federal law and/or
regulations. The Board at its discretion may modify this requirement if the
applicant can justify the need to exceed this height limitation.
d. The Board may request a review of the application by a qualified engineer in
order to evaluate the need for, and the design of, and the satisfaction of any other
requirements under this Ordinance, for any new tower. The cost of this review
shall be borne by the applicant, which cost shall not exceed $5,000 or 1% of the
applicant’s total project cost, whichever is greater. Such sum shall be deposited in
escrow with the Village at the time of filing an application here under. The permit
application fee shall be as established from time to time by the Village Board of
Trustees.
e. Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
f. No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to, company name, phone numbers,
banners, and streamers.
12. Existing Vegetation. Existing on-site vegetation shall be preserved to the maximum
extent possible. No cutting of trees exceeding four (4) inches in diameter (measured at a
height of four (4) feet off the ground), shall take place prior to the approval of the special
permit. Clear cutting of trees exceeding 20,000 square feet for a facility shall be
prohibited.
13. Screening. Deciduous or evergreen tree plantings may be required to screen portions
of the tower and accessory structures from nearby properties as well as from public sites
known to include important views or vistas. Where a site abuts a residential property or
public property, including streets, screening shall be required.
14. Access. Adequate emergency and service access shall be provided. Maximum use of
existing roads, public or private, shall be made. Road construction shall, at times,
minimize ground disturbance and vegetation cutting to within the toe of fill, the top of
cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to assure minimal visual disturbance and reduce soil
erosion potential.
15. Parking. Parking shall be provided to assure adequate emergency and service access.
The Board shall determine the number of required spaces based upon a recommendation
from the applicant. No parking spaces shall be located in any required yard.
16. Fencing and Security Measures. The tower and any accessory structures shall be
adequately enclosed by a fence, design of which shall be approved by the Board. This
requirement may be waived by the Board if the applicant demonstrates that such
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Village of Cayuga Heights
measures are unnecessary to ensure the security of the facility. Security lighting shall not
project off-site. A locked gate for entry may be required by the Board.
17. Removal of Telecommunications Facility. The applicant shall submit to the Board a
letter of intent committing the tower owner, and his/her successors in interest, to notify
the Zoning Officer within thirty (30) days of the discontinuance of use of the facility.
This letter shall be filed with the Zoning Officer prior to issuance of a Permit, once the
telecommunication facility is approved according to this section. Obsolete or unused
towers and accessory structures shall be removed from any site and the site restored to its
original condition within four (4) months of such notification. Failure to notify and/or to
remove the obsolete or unused tower and accessory structures in accordance with these
regulations, shall be a violation of this chapter and shall be punishable according to
Section 22 of the Ordinance. The Planning Board, as a condition of permit approval, may
require the applicant and /or owner to provide a letter of credit, performance bond or
other financial guarantee to the Village (which may be adjusted from time to time to
cover increases in removal costs) that funds will be available for the demolition of
facilities and restoration of the site to its original condition in the event of non-
compliance with the provisions of this removal requirement. Said financial guarantee be
subject to approval as to form and content by the Village Treasurer and Counsel. Every
twenty-four (24) months, applicant shall provide the Zoning Officer with a certificate
from a New York licensed engineer that the facility continues to retain its structural
integrity and does not pose a hazard to life, limb or property. Upon failure to submit such
certificate timely, the Permit shall lapse and the facility must forthwith be removed.
18. Intermunicipal Notification for New Towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing that an existing tall
structure or existing telecommunications tower in a neighboring municipality be
considered for shared use, and to assist in the continued development of County 911
Services, the Board shall require that:
a. An applicant who proposes a new telecommunication tower shall notify in
writing the legislative body of each municipality that borders the Village of
Cayuga Heights, plus the Towns of Lansing and Dryden and the Director of the
Tompkins County Planning Department. Notification shall include the exact
location of the proposed tower, and a general description of the project including,
but not limited to, the height of the tower and its capacity for future shared use.
b. Documentation of this notification shall be submitted to the Board at the time
of application.
19. Hearing and Notification of Nearby Landowners. Prior to rendering a decision on
any application made under this section, a public hearing shall be held and the provisions
of SEQRA satisfied. The applicant shall be required to mail notice of the public hearing
directly to all landowners whose property is located within five hundred (500) feet of the
property line of the parcel on which a new tower is proposed. Notice shall also be mailed
to the administrator of any state or federal parklands from which the proposed tower
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Village of Cayuga Heights
would be visible if constructed. Notification, in all cases, shall be made by certified mail.
Documentation of this notification shall be submitted to the Board prior to the public
hearing.
20. Limited Permit. Any permit granted under this section will be valid only for the
facility, the dimensions and number of antennas or towers in the application as approved.
Change must be by new application to the Planning Board. Any permit application may
be approved, approved with appropriate restrictions and conditions, or denied, pursuant to
applicant’s satisfaction, substantial satisfaction, or failure to meet substantially the
requirements of this section in light of the purposes as set forth at the beginning of this
section.
21. Court Review. Any person aggrieved by decision made pursuant to the terms of this
Section may apply to the Supreme Court for review under Article 78 of the NY Civil
Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after
the filing of the Board’s decision in the office of the Village Clerk. If any section,
sentence, clause or phrase of this law is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this law.
III. New Section 17-B, enacted as a Local Law, shall take effect upon filing with the
Secretary of State. 6/15/98
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1999
Establish Sewer Rates
Establish sewer rates for the 1999/2000 Fiscal Year at $70.00 per unit for the Inside Rate
and $105.00 per unit for the Outside Rate.
Local Laws Page 167
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1999
Firearms and other Dangerous Weapons
Section 1.
The words and phrases used in this ordinance shall, for purposes of this ordinance have
meanings ascribed to them by Section 265.00 of the Penal Law of the State of New York.
Section 2.
The carrying of a firearm, shotgun, rifle, or air gun when loaded otherwise than in the
discharge of official duty within the Village of Cayuga Heights, is prohibited. The
discharge of a firearm, shotgun, rifle, or air gun otherwise than in self-defense or in the
discharge of official duty, within the Village of Cayuga Heights, is prohibited.
Section 3.
Failure to comply with this ordinance shall constitute a violation as defined in the Penal
Law of the State of New York, and any offender shall be punished in accordance
therewith.
Local Laws Page 168
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 2000
Establish Sewer Rates for the 2000-2001 Fiscal Year
Establish sewer rates for the 2000-2001 Fiscal Year at $70.00 per unit for the
Inside Rate and $105.00 for the Outside Rate.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 2001
Establish Sewer Rates for the 2001-2002 Fiscal Year
Establish sewer rates for the 2001-2002 Fiscal Year at $85.00 per unit for the
Inside Rate and $127.50 per unit for the Outside Rate.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law #2 of the Year 2001
Emergency Lock Box
SECTION 1 FINDINGS
(a) The Cayuga Heights Board has found that given the now available
technology, the use of alarm systems connected directly or indirectly to an agency
providing fire and other emergency responses is prudent and advisable for the
protection of the lives and property of the residents of the Village; and
(b) The technology now exists to provide this safety enhancement at minimal
cost to, and with security for, property owners; and
(c) In addition, there have been a number of other situations where this
enhancement would have been advantageous:
(i) On occasion such alarms have been erroneously activated when the
premises are vacant or under other circumstances where the police and/or fire
department has been called to the premises or other emergency personnel have
responded and have been unable to obtain access to the premises to turn off
the alarm; and
(ii) There have been other circumstances in which alarms are connected to a
loud noise-making device such as bells or klaxons and it has not been possible
to turn off such noise-making alarms when they have been triggered by an
erroneous signal.
(d) There are circumstances where an emergency such as a fire or burglary is in
progress and a non-forced entry to the premises would be desirable to react to the
emergency; and
(e) It would be desirable to provide for a method for access by emergency
personnel under the foregoing circumstances in a controlled manner.
SECTION 2 DEFINITIONS
(a) Lock box shall mean a device as prescribed by the Village of Cayuga Heights
in coordination with the Cayuga Heights Police Department, Cayuga Heights Fire
Department and the Village Building & Zoning Enforcement Officer in which
shall be placed a master key to the premises, access to which box shall be limited
and regulated so that a minimum number of persons shall have access to the key
that will open said lock box and a record is maintained at all times as to the
person or persons who may obtain access to the box. The lock box shall also
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Village of Cayuga Heights
contain an updated emergency notification list of at least two individuals with
telephone numbers and addresses. This list will be kept updated by said owner of
the building or resident.
(b) Alarm system shall be any system by which notification of a possible fire or
burglary is made directly or indirectly, to the police and/or fire department or
other emergency response entity or emergency communications center or which
activate an audible signal that can be heard off of the property on which the
premises are located or a visual signal which can be seen off of the property on
which the premises are located. Alarm systems include, but are not limited to, a
municipal fire alarm, radio, telephone leased line, telephone dialer, remotely
supervise alarm systems, or central station systems. Alarm systems shall also
include any system that is activated by motion sensors, infrared sensors or other
system designed to detect illegal entry when such systems are connected, directly
or indirectly, to an emergency response entity such as a police department, remote
supervisor, other emergency response dispatcher, or to an audible or visual alarm
that can be heard or seen from off of the property on which the premises are
located.
SECTION 3 LANDS AND STRUCTURES TO WHICH THISLOCAL LAW
APPLIES
This local law shall apply to all areas of the Village of Cayuga Heights. Lock
boxes shall be required for all new and existing buildings except those one or two
family dwellings not presently equipped with or serviced by an alarm.
SECTION 4 LOCATION AND ATTACHMENT OF LOCK BOXES
Lock boxes shall be affixed to the structure in a manner detailed by the
manufacturer and in a location established by the Cayuga Heights Fire
Department, Cayuga Heights Police Department or the Building/Zoning
Enforcement Officer.
SECTION 5 RETROFIT REQUIREMENTS
Any building currently in existence to which this local law shall apply shall have
a period ending June 1, 2003, within which to comply with the terms of this local
law.
SECTION 6 PENALTY FOR VIOLATION
A violation of this local law is hereby declared to be a Class B Misdemeanor
punishable in accordance with the provisions of the New York State Penal Law
relating to the commission of misdemeanors.
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Village of Cayuga Heights
SECTION 7 PARTIAL INVALIDITY
In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected
by such declaration of invalidity.
SECTION 8 EFFECTIVE DATE
This local law shall take effect on January 15, 2002.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 2002
To revise Section 6 Speed Regulations of the 1991 Traffic Control Local Law #3
Section 6: Speed Regulations
Maximum Speed Limits. Thirty (30) miles per hour is hereby established as the
maximum speed limit at which vehicles may proceed on highways within the corporate
limits of the Village of Cayuga Heights, except: (1) NYS Route 13; (2) as provided in
this section whenever maximum school speed limits have been established on a highway
adjacent to a school, no person shall drive in excess of such maximum school speed
limits during school days between the hours of seven o'clock A.M. and six o'clock P.M.
This section (as amended) shall become effective upon filing with the Department of
State.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 2002
DOG CONTROL
Section 1.
This Local Law is adopted pursuant to Article 7 of the Agriculture and Market
Law of the State of New York. Its purpose shall be to promote the public health, safety,
and welfare of the community, including the protection and preservation of the property
of the Village and its inhabitants, and of peace and good order, by regulating and
controlling the activities of dogs within the Village of Cayuga Heights and providing for
enforcement thereof.
Section 2.
Any person owning or harboring any dog in the Village of Cayuga Heights shall
be in violation of this Local Law if such dog, whether or not tagged or licensed and
whether or not muzzled:
a. is not under control and not restrained by an adequate collar and leash when
not on the owner’s property;
b. engages in habitual loud howling or barking so as habitually to annoy any
person;
c. causes damage or destruction to property, or defecates, urinates, or otherwise
commits a nuisance other than on the premises of the person owning or harboring
such dog;
d. when not on the owner’s property, chases or otherwise harasses any person in
such manner as reasonably to cause intimidation or to put such person in
reasonable apprehension of bodily harm or injury;
e. habitually chases or barks at motor vehicles or bicycles.
Section 3.
The Village dog warden shall, and all peace officers of the Village may,
administer and enforce the provisions of this Local Law.
Section 4.
Any person who observes a dog causing damage or destruction to property of a
person other than its owner, or committing a nuisance upon the premises of a person
other than its owner, may file a signed complaint, under oath, with the Village Justice of
the Village of Cayuga Heights specifying the objectionable conduct of the dog, the date
thereof, the damage caused, a description of the dog and name and residence, if known,
of the owner or other person harboring said dog.
Section 5.
Upon receipt by the Village Justice of any complaint against the conduct of any
particular dog, the Village Justice may summon the alleged owner or other person
harboring said dog to appear in person before him; if the summons is disregarded, the
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Village of Cayuga Heights
Village Justice may permit the filing of an information and issue a warrant for the arrest
of such persons.
Section 6.
In the event that any dog found to be in violation of the Local Law is owned by a
person under 17 years of age, the head of the household in which said person resides shall
be deemed the owner or person harboring such dog and responsible for the acts of said
dog for the purposes of this Article.
Section 7.
The fact that a dog is at large in the Village of Cayuga Heights elsewhere than on
the premises of the owner or person harboring such dog shall be presumptive evidence
that the dog has been permitted to be at large with the knowledge of the owner or person
harboring the dog.
Section 8.
Any dog found to be in violation of Section 2a of this Local Law shall be subject
to seizure and impounding by the dog warden or any peace officer. Any such dog warden
or peace officer so seizing such dog shall be empowered to exercise such degree of force
as shall be necessary to effect such seizure.
Section 9.
a. Promptly upon seizure of any identified dog, the owner of record of such dog
shall be notified personally or by certified mail, return receipt requested, of the
facts of the seizure and the procedure for redemption. If notification is personally
given, such dog shall be held for a period of seven days after day of notice, during
which period the dog may be redeemed by the owner. If such notification is made
by mail, such dog shall be held for a period of nine days from the date of mailing,
during which period the dog may be redeemed by the owner. In either case, the
owner may redeem such dog upon payment of the impoundment fees prescribed by
Section 9c of this law and by producing proof that the dog has been licensed.
b. Each dog which is not identified, whether or not licensed, shall be held for a
period of five days from the day seized during which period the dog may be
redeemed by its owner, provided that such owner produces proof that the dog has
been licensed and has been identified and further provided that the owner pays the
impoundment fees prescribed by Section 9c of this law.
c. Impoundment fees shall be as follows:
(1) ten dollars for the first impoundment of any dog owned by that person; or
(2) twenty dollars for the first twenty-four hours or part thereof and five dollars
for each additional twenty-four hours or part thereof for the second
impoundment, within one year of the first impoundment, of any dog owned by
that person; or
(3) thirty dollars for the first twenty-four hours or part thereof and five dollars
for each additional twenty-four hours or part thereof for the third and
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Village of Cayuga Heights
subsequent impoundments, within one year of the first impoundment, of any
dog owned by that person.
Section 10.
An owner shall forfeit title to any dog unredeemed at the expiration of the
appropriate redemption period, and the dog shall then be made available for adoption or
euthanized. No such dog shall be delivered for adoption unless it has been licensed to the
new owner prior to its release from the custody of the pound or shelter and the adoption
procedures of the pound or shelter are complied with.
Section 11.
The dog warden or peace officer shall keep a record and description of each
animal seized, the date the animal was seized, the date and manner of its disposal, and, if
redeemed, the name and address of the person by whom redeemed.
Section 12.
No person shall hinder, resist, or oppose the dog warden or any peace officer of
the Village in the performance of their duties under this Local Law.
Section 13.
A violation of this Local Law shall constitute a Violation as defined in the Penal
Law of the State of New York, and shall be punishable by a fine of not more than $250
for each violation, or by imprisonment for a term not to exceed fifteen days, for each
violation. These penalties shall be in addition to any other penalty provided by law.
Section 14.
If any section, paragraph, subdivision, clause, phrase, or provision of this Local
Law shall be judged invalid or held unconstitutional, it shall not affect the validity of this
Local Law as a whole or any part or provision thereof other than the part so decided to be
invalid or unconstitutional.
Section 15.
This Local Law shall take effect upon filing with the Department of State.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 2002
Modify Village Ordinance, Article XII, Section 4, Sewer Rents
(previously printed inaccurately as Article XIII)
SECTION 4
Sewer rents shall not be charged against properties granted special permit under
Article VIII of the Village Ordinances or against properties connected to any
other municipal system, except against those properties where the Village pays
the rent of such a connection.
April 15, 2002
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 4 of the Year 2002
Establish Sewer Rates for the 2003 Fiscal Year
Establish sewer rates for the 2003 Fiscal Year at $93.50 per unit for the Inside
Rate and $140.25 per unit for the Outside Rate, as Defined in Article XII of the
Village Ordinance.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 2004
Specifying the Term of Office of the Fire Chief and Fire Superintendent
WHEREAS, Section 10-1010 of the New York Village Law provides for the election of
fire company officers, wherein the election of a fire chief under that section would be
annually for a term of one year, and
WHEREAS, to provide for continuity of leadership in the office of Fire Chief, the Village
Trustees have entertained the suggestion that election of the Fire Chief should be for a
two-year term such that biennially at the annual meeting of the Fire Company in April,
the election of the Fire Chief should occur,
NOW, THEREFORE,
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York, as follows:
1. Biennially, at the annual meeting of the Fire Company conducted by law in April of
each year, the members of the Company shall elect by ballot from their own number a
Chief Engineer (Fire Chief) for a term of office of two (2) years and who by law shall be
a resident of the State of New York. The election of the person to be Fire Chief is subject
to approval of the Village Board of Trustees, and the Fire Chief shall assume office upon
such approval being granted.
2. The Fire Superintendent of the Village may also be appointed to serve for a similar
two-year term, at the discretion of the Village Board of Trustees.
3. This Local Law shall take effect upon filing with the Secretary of the State of New
York.
January 20, 2004
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 2004
New York State Building Code Enforcement Law
WHEREAS, the State of New York Law embodies the New York State Building Code
(sometimes known as "The Uniform Code"), and
WHEREAS, the State of New York requires all local municipalities to enforce the New
York State Building Code, and
WHEREAS, the Village intends to enforce the New York State Building Code which
requires a local law to establish the specific administration of said code, and
WHEREAS, the Village has drafted the aforementioned local law, and conducted a
public hearing on said law,
NOW THEREFORE, the Village Board of Trustees hereby adopts this Local Law for
enforcement and administration of the NYS Building Code.
A Local Law detailing administration and enforcement of building and fire prevention
codes in the Village of Cayuga Heights.
WHEREAS, Section 381 of the Executive Law of the State of New York provides that
the New York Secretary of State shall issue rules and regulations for implementation of
the Uniform Fire Prevention and Building Code (the "Uniform Code") within this state,
and
WHEREAS, Subdivision 2 of said Section 381 of the Executive Law requires, with
certain exceptions, every local government to administer and enforce the Uniform Code,
and
WHEREAS, Title 19 of the New York Code of Rules and Regulations sets forth the
minimum standards for such administration and enforcement in Part 1203 of said Title
19, which may be implemented by local law enacted by a local government,
NOW THEREFORE,
BE IT ENACTED by the Board of Trustees of the Village of Cayuga Heights, County of
Tompkins, State of New York, a new Article to its compilation of Ordinances and Local
Laws as follows:
Article XV - Code Enforcement and Administration
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Village of Cayuga Heights
Section 1. Designation of Code Enforcement Officer as Public Official
There is hereby designated in the Village of Cayuga Heights a public official to be known
as the Code Enforcement Officer who shall also be the Building Commissioner, and who
shall be appointed by the Mayor with the approval of the Board of Trustees at a
compensation to be fixed by it.
Section 2. Duties and Powers of Code Enforcement Officer
Except as otherwise specifically provided by law, ordinance, rule or regulation, the Code
Enforcement Officer shall administer and enforce all of the provisions of the New York
State Uniform Fire Prevention and Building Code, hereinafter sometimes referred to as
"The Uniform Code," and other laws, ordinances, rules and regulations applicable to
plans, specifications, or permits for the construction, alteration and repair of buildings
and structures, and the installation and use of materials and equipment therein, and to the
location, use and occupancy thereof.
The Building Commissioner shall also be the Village Fire Safety Inspector and shall
administer and enforce the New York State Uniform Fire Prevention and Building Code
primarily with regard to requirements pertaining to the storage of combustible, flammable
or otherwise dangerous materials.
Section 3. Rules and Regulations
The Village Board of Trustees may by resolution, after public notice and publication at
least five (5) days prior to the effective date thereof in a newspaper of general circulation
within the Village, adopt such further procedural/administrative rules and regulations that
the Board deems reasonable to carry out the provisions of this local law. The Code
Enforcement Officer may make recommendations to the Village Board of Trustees to
adopt, amend, or appeal such rules and regulations as may relate to the efficient
administration and enforcement of the provisions of the Uniform Code. Such rules and
regulations shall not conflict with the Uniform Code, this local law, or any other
provision of law.
Section 4. Acting Code Enforcement Official
In the absence of the Code Enforcement Officer, or in the case of his inability to act for
any reason, the Mayor shall have the power, with the consent of the Board of Trustees, to
designate a person to act on behalf of the Code Enforcement Officer and to exercise all
the powers conferred upon him by this ordinance, at such compensation as the Board of
Trustees may determine.
Section 5. Appointment of Inspectors
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Village of Cayuga Heights
The Mayor with the approval of the Board of Trustees may appoint one inspector or
more, as the need may arise, to act under the supervision and direction of the Code
Enforcement Officer and to exercise any portion of the powers and duties of the Code
Enforcement Officer as he may direct.
The compensation of such inspector(s) shall be fixed by the Board of Trustees.
Section 6. Restrictions on Employees
The Code Enforcement Officer or any employee of his office directly involved in code
enforcement, shall not engage in any activity inconsistent with his duties, or with the
interest of the building department; nor shall he, during the term of his employment, be
engaged directly or indirectly in any building business, in the furnishing of labor,
materials, supplies or appliances for, or the supervision of, the construction, alteration,
demolition or maintenance of a building or the preparation of plans or specifications
thereof within the County of Tompkins except that this provision shall not prohibit the
officer or any employee from engaging in any such activities in connection with the
construction of a building or structure owned by him for his own personal use and
occupancy or for the use and occupancy of members of his immediate family, and not
constructed for sale. It is the intent of this provision to prohibit impropriety and the
appearance of impropriety.
Section 7. Review Board
(a) Where practicable difficulties or unnecessary hardship may result from enforcement
of the strict letter of any provision of the Uniform Code, applications for variances
consistent with the spirit of the Code may be made to the Regional Board of Review in
accordance with Part 1205 of Title 19 of the New York Code of Rules and Regulations
entitled "Uniform Code: Variance Procedures" as promulgated by the New York
Department of State. The Code Enforcement Officer shall maintain a copy of such rules
and regulations for public inspection and shall obtain and retain a copy of all decisions
rendered by the Regional Board of Review of special interest and/or pertaining to matters
affecting the Village of Cayuga Heights.
(b) Where practical difficulties or unnecessary hardship may result from enforcement of
the strict letter of any provision of this Local Law or any rule or regulation hereunder
which provision is not required by the Uniform Code, applications for variances and
appeals, consistent with the spirit of such law, rule or regulations, may be made to the
Village Zoning Board of Appeals.
Section 8. Building Permit
No person, firm, corporation, association or other organization shall commence the
erection, construction, enlargement, alteration, improvement, removal or demolition of
any building or structure, except an agricultural building or structure, nor install heating
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Village of Cayuga Heights
equipment, without having applied for and obtained a permit from the Code Enforcement
Officer. No permit shall be required for the performance of necessary repairs which do
not involve material alteration of structural features, and/or plumbing, electrical or
heating/ventilation systems including, for example, the replacement of siding and roofing
materials, nor for the erection of fences, nor for the construction of non-commercial
storage facilities of less than 140 square feet of gross floor area. Such work shall
nevertheless be done in conformance with the Uniform Code.
Section 9. General Permitting Procedures
The Code Enforcement Officer shall receive applications, approve plans and
specifications, and issue permits for the erection and alteration of buildings or structures
or parts thereof as detailed in the previous section and shall examine the premises for
which such applications have been received, plans approved, or such permits have been
issued for the purpose of insuring compliance with laws, ordinances, rules and
regulations governing building construction or alterations.
A building permit will be issued when the application has been determined to be
complete, when the proposed work is determined to conform to the provisions of the
Uniform Code, if applicable, and when the Code Enforcement Officer has determined
that the proposed work is in compliance with the Zoning Ordinance of the Village. The
permit shall be prominently displayed on the property or premises to which it pertains
during construction so as to be readily seen from adjacent thoroughfares, if possible.
The application for a building permit, and its accompanying documents, shall contain
sufficient information to permit a determination that the intended work accords with the
requirements of the Uniform Code.
The form of the permit and application therefore shall be prescribed by resolution of the
Village Board of Trustees. The application shall be signed by the owner (or his
authorized agent) of the building or property on which the work is to be done and shall
contain at least the following:
1) name and address of the owner;
2) identification and/or description of the land on which the work is to be done;
3) description of use or occupancy of the land and existing or proposed building;
4) description of the proposed work;
5) estimated cost of the proposed work;
6) statement that the work shall be performed in compliance with the Uniform Code
and applicable State and local laws, ordinances and regulations;
7) required fee.
Such application shall be accompanied by such documents, drawings, plans and
specifications as the applicant shall deem adequate and appropriate for compliance with
the local law, or as the Code Enforcement Officer may require as being necessary or
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Village of Cayuga Heights
appropriate in his judgment. Applicant may confer with the Code Enforcement Officer in
advance of submitting his application to discuss the Code Enforcement Officer's
requirements for same.
Applicant shall notify the Code Enforcement Officer in writing of any pertinent changes
in the information contained in the application during the period for which the permit is
in effect. Failure to do so shall in and of itself, effect revocation of the permit previously
issued.
A building permit issued pursuant to this Local Law may be suspended or revoked if it is
determined that the work to which it pertains is not proceeding in conformance with the
Uniform Code or with any condition attached to such permit, or if there has been
misrepresentation or falsification of a material fact in connection with the application for
the permit.
A building permit issued pursuant to this Local Law shall expire one (1) year from the
date of issuance of a certificate of occupancy (other than a temporary certificate of
occupancy), whichever occurs first. The permit may, upon written request, be renewed
for successive one-year periods provided that:
1) the permit has not been revoked or suspended at the time the application for
renewal is made,
2) the relevant information in the application is up to date and,
3) the renewal fee is paid.
Section 10. Certificates of Occupancy
(a) No building hereafter erected shall be used or occupied in whole or in part until a
certificate of occupancy shall have been issued by the Code Enforcement Officer.
(b) No existing building hereafter enlarged, extended or altered, or upon which work has
been performed which required the issuance of a building permit shall be occupied or
used for more than 30 days after the completion of the alteration or work unless a
certificate of occupancy shall have been issued.
(c) No change shall be made in the occupancy of an existing building unless a certificate
of occupancy authorizing such change shall have been issued.
(d) When, after final inspection, it is found that the proposed work has been completed in
accordance with the applicable laws, ordinances, rules or regulations, and also in
accordance with the application, the Code Enforcement Officer shall issue a certificate of
occupancy. If it is found the proposed work has not been properly completed, the Code
Enforcement Officer shall not issue a certificate of occupancy and shall order the work
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completed immediately in conformity with the building permit and in conformity with the
applicable building regulations.
(e) A certificate of occupancy shall be issued, where appropriate, within thirty days after
written application therefore is made.
(f) The certificate of occupancy shall acknowledge that the work has been completed,
and that the proposed use and occupancy is in conformity with the provisions of the
applicable laws, ordinances, rules and regulations, and shall specify the use or uses and
the extent therefore to which the building or structure or its several parts may be put to
use.
(g) Upon request, the Code Enforcement Officer may issue a temporary certificate of
occupancy for building or structure, or part thereof, before the entire work covered by the
building permit shall have been completed provided such portions as have been
completed may be occupied safely without endangering life or the public health and
welfare. A temporary certificate of occupancy shall remain effective for the period stated
therein which shall not exceed six months from its date of issuance. For good causes and
in unusual situations the Code Enforcement Officer in his sole discretion may allow a
maximum of two extensions for periods not exceeding six months each.
(h) After completion of work requiring a building permit hereunder where issuance of a
Certificate of Occupancy is not appropriate, the Code Enforcement Officer shall issue
instead a Certificate of Satisfactory Completion.
Section 11. Fire Prevention and Safety Inspections
(a) Any and all areas of public assembly shall be inspected at least once each calendar
year for the purpose of determining compliance with fire safety requirements of the Code.
Said inspections shall be completed by the Code Enforcement Officer prior to November
30th of each year.
(b) All dwelling units in a building consisting of more than two such units and the
common areas of such building such as halls, foyers, staircases, etc., shall be inspected
for the purpose of determining compliance with the fire safety requirements of the
Uniform Code at least once in each odd-number-ending calendar year (e.g., 2003). Said
inspections shall be completed by the Code Enforcement Officer prior to November 30th
of each year.
(c) All other buildings, uses and occupancies, other than public assembly and one or two
family dwelling units, shall be inspected once in each even-number-ending calendar year
(e.g., 2004). Said inspections shall be completed by the Code Enforcement Officer prior
to November 30th of each year. (Inspections under this Local Law of one or two family
dwelling units shall not be required.)
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(d) An inspection of building or dwelling unit shall be performed at any other time upon:
(1) the request of owner or authorized agent,
(2) receipt of a written statement specifying grounds upon which the subscriber
believes a violation of the Uniform Code exists or,
(3) other reasonable and reliable information that such violations exists.
Section 12. Department Records and Reports
(a) The Code Enforcement Officer shall keep permanent official records of all
transactions and activities conducted by him including all applications received, plans
approved, permits and certificates issued, fees charged and collected, inspection reports,
all rules and regulations promulgated by the municipality, and notices and orders issued.
All such reports shall be public information open to the public inspection during normal
business hours.
(b) The Code Enforcement Officer shall annually submit to the Village Board of
Trustees a written report of all business conducted, and more frequently upon request.
Section 13. Stop Orders
Whenever the Code Enforcement Officer has reasonable grounds to believe that work on
any building or structure is being performed in violation of the provisions of the New
York State Uniform Fire Prevention and Building Code or applicable laws, ordinances or
regulations, or not in conformity with the provisions of an application, plans or
specifications on the basis of which a building permit was issued, or in an unsafe manner
and dangerous manner, he shall notify the owner of the property, or the owner's agent, to
suspend all work and issue a Stop Work Order. Such persons shall immediately stop
such work and suspend all building activities until the stop orders have been rescinded.
All Stop Work Orders and notices shall be in writing and shall state the conditions under
which work may be resumed. A Stop Work Order shall be served upon a person to
whom it is directed either by delivering it personally, or by posting the same upon a
conspicuous portion of the building where the work is being performed and sending a
copy of the same to the person, firm or corporations by certified mail, return receipt
requested, and simultaneously by regular mail, with return address noted.
Section 14. Violations
(a) Upon determination by the Code Enforcement Officer or the Fire Safety Inspector (or
their respective designees) that a violation of the Uniform Code or this local law exists in,
on, or about any building or premises, he shall order in writing the remedying of the
condition. Such order shall state the specific provision of the Uniform Code which the
particular condition violates and shall grant such time as may be reasonably necessary for
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achieving compliance before proceedings to compel compliance shall be instituted. Such
order shall be served personally or by certified mail, return receipt requested.
(b) Any person, firm or corporation who violates any provision of the Uniform Code,
this Local Law, or any rule or regulation issued under this local law, or the terms or
conditions of any Certificate of Occupancy issued by the Building and Fire Safety
Inspector, shall be liable to a civil penalty of not more than $100.00 for each day or part
thereof during which such violation continues. The civil penalties provided by this
subdivision shall be recoverable in an action instituted in the name of the Village Board
on its own initiative or at the request of the Code Enforcement Officer or the Fire Safety
Inspector.
(c) Alternatively, and in addition to an action to recover the civil penalties provided by
subsection (b), the Village Board many institute any appropriate action or proceeding in
any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any
violation of, or to enforce, any provision of the Uniform Code or terms or conditions of
any Certificate of Occupancy issued by the Code Enforcement Officer or the Fire Safety
Inspector.
(d) Furthermore, the Village Board may designate certain violations as criminal in
nature, subject to fine or imprisonment as the case may be. A violation of Code
Requirements pertaining to storage of combustible, flammable, or otherwise dangerous
materials is hereby declared to constitute a Violation as defined in the Penal Law of the
State of New York, and shall be punishable by a fine of not more than $250.00 for each
day or part thereof during which said violation continues, or imprisonment for a term not
to exceed fifteen days, for each violation. These penalties shall be in addition to any
other penalty provided by law.
Section 15. Severability
If any section, paragraph, subdivision, clause, phrase, or provision of this Local Law shall
be judged invalid or held unconstitutional, it shall not affect the validity of this Local
Law as a whole or any part of provision thereof other than the part so decided to be
invalid or unconstitutional.
Section 16. Effective Date
The Local Law shall take effect upon filing with the Department of State.
March 15, 2004
Village of Cayuga Heights
INDEX of LOCAL LAWS
Subject Page
Alcoholic Beverage Container 52, 59-60
Antennas 70
Appointed Officers, Residency of 69
Bicycles 108
Building Code Enforcement 180-187
Business Investment, Exemption 31
Code, Building Enforcement 180-187
Code, Plumbing 30
Cross-Connection Control 35-40
Cross-Connection Control Supplementary 143-150
Dog Control 32, 41-43, 174-176
Emergency Lock Box 170-172
Fees By Resolution 151
Fire Chief & Fire Superintendent, Term of Office 179
Firearms and Other Dangerous Weapons 167
Flood Insurance Program 33-34
Fumigation and Fires 1
Indemnification of Employees 51
Legal Counsel, Furnishing of 51
Open Alcoholic Beverage Container 52, 59-60
Parks & Street Planting, Protection of 4
Planned Unit Development 125-136
Planning Board, Establishment of 119-124
Plumbing Code 30
Prior Written Notice 102
Public Notice 10
Real Property Tax Exemption, Veterans 67
Rents, Sewer 8-9, 107, 177
Residency of Appointed Officers 69
Sewer Rates 154, 157, 166, 168, 169, 178
Sewer Rents 8-9, 107, 177
Sewers & Drains 20-26, 77-96, 118
Sidewalk Districts 11-12
Signs 97-101, 137
Supplementary Cross-Connection Control 143-150
Tax, Real Property-Veterans 67
Tax, Utilities 13-18, 19
Tax Exemption, Senior Citizens 152
Tax Exemption, Veterans 67
Telecommunication Towers and Facilities 158-165
Telecommunication Towers, Moratorium on 155-156
Traffic Control 2-3. 45-50, 53-58, 61-66, 71-76, 106,
109, 110, 111-117, 138, 153, 173
Utilities, Tax 13-18, 19
Water Benefit Charges 27-29
Zoning 5-7, 44, 68,70, 97-101, 103-104, 105,
119-124, 125-136, 137, 139-142,
158-165
Updated: September 30, 2004