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HomeMy WebLinkAbout1998 - 2017 - Ordinances, Local Laws & Codes BookLOCAL LAWS - TOWN OF CORTLANDVILLE LOCAL LAW NO. 1 OF 1998 PAGE 1 GRASS AND WEED CONTROL ADOPTED AUGUST 19, 1998 LOCAL LAW NO. 2 OF 1998 PAGE 2 CODIFICATION OF LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN LOCAL LAW NO. 3 OF 1998 PAGE 6 REGULATION OF OPERATION OF ATV VEHICLES LOCAL LAW NO. 1 OF 1999 PAGE 7 ZONE CHANGE LUKER ROAD SENECA DOOR (RICHARD HARRIS) LOCAL LAW NO. 2 OF 1999 PAGE 8 ZONE CHANGE LORING CROSSING (SUIT-KOTE) LOCAL LAW NO. 3 OF 1999 PAGE 10 ZONE CHANGE 3876 ROUTE 11 (CARL STALEY) LOCAL LAW NO. 4 OF 1999 PAGE 11 ZONE CHANGE 3872 ROUTE 11 (RENSSLEAR LIVINGSTON) 3865 ROUTE 11 (STUART ALEXANDER) WEAVER ROAD (RALPH SOVOCOOL) WEAVER ROAD (STEVEN HARTLEY) LOCAL LAW NO. 1 OF 2000 LOCK BOX PAGE 12 LOCAL LAW NO, 2 OF 2000 PAGE 13 ZONE CHANGE NYS ROUTE 13 (IDA GATTANELLA) 1004 NYS ROUTE 13 (ROBERT BEAN) 1016 NYS ROUTE 13 (ROBERT BEAN) LOCAL LAW NO. 3 OF 2000 PAGE 14 ZONE CHANGE 3876 ROUTE 11 (CARL STALEY) LOCAL LAW NO. 4 OF 2000 PAGE 15 ZONE CHANGE KINNEY GULF ROAD (J. LEE AMBROSE) LOCAL LAW NO. 5 OF 2000 PAGE 16 BINGO LOCAL LAW NO. 6 OF 2000 PAGE 17 MANUFACTURING HOUSING LOCAL LAW NO. 7 OF 2000 PAGE 18 THE TIMING OF NOTICE OF PUBLIC HEARINGS FOR AQUIFER PROTECTION PERMITS LOCAL LAW NO. 8 OF 2000 PAGE 19 ZONE CHANGE INTERSECTION OF ROUTE 13 & LIME HOLLOW ROAD (REROB, LLC.) WAS NOT FILED WITH STATE BY CLOSE OF 200 YEAR RENUMBERED AS NO. 2 OF 2001 LOCAL LAW NO. 1 OF 2001 PAGE 20 ZONE CHANGE NORTH OF CRESTWOOD COURT .232 ACRE (DANIEL MCNEIL) LOCAL LAW NO. 2 OF 2001 PAGE 21 ZONE CHANGE INTERSECTION OF ROUTE 13 & LIME HOLLOW ROAD (REROB, LLC.) LOCAL LAWS - TOWN OF CORTLANDVILLE LOCAL LAW NO. 3 OF 2001 PAGE 22 ZONE CHANGE NORTH SIDE OF NYS ROUTE 222 (SAMUEL FISH) LOCAL LAW NO. 4 OF 2001 PAGE 23 MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 & 13 CORRIDOR LOCAL LAW NO. 5 OF 2001 PAGE 25 AMENDMENTS TO LOCAL LAW NO. 4 OF 2001 LOCAL LAW NO. 1 OF 2002 PAGE 27 MORATORIUM EXTENSION LOCAL LAW NO. 2 OF 2002 PAGE 30 ZONE CHANGE NYS ROUTE 13 (S.C.W.P.) LOCAL LAW NO. 3 OF 2002 PAGE 31 NYS RETIREMENT INCENTIVE PROGRAM LOCAL LAW NO. 4 OF 2002 PAGE 32 GAMES OF CHANCE (DEFEATED BY MANDATORY REFERENDUM) LOCAL LAW NO. 1 OF 2003 PAGE 34 ZONE CHANGE NYS ROUTE 13 (S.C.W.P.) LOCAL LAW NO. 2 OF 2003 PAGE 35 DESIGN AND DEVELOPMENT GUIDELINES LOCAL LAW NO. 1 OF 2004 PAGE 44 GAMES OF CHANCE (VOTER APPROVED NOVEMBER 2, 2004) LOCAL LAW NO. 1 OF 2005 PAGE 46 ZONING TEXT AMENDMENT - RESIDENTIAL BUILDING HEIGHT LOCAL LAW NO. 2 OF 2005 PAGE 47 AMENDING ZONING LAW AND MAP (NOT IN EFFECT DUE TO ARTICLE 78 PROCEEDING - C.A.P.E. VS. TOWN OF CORTLANDVILLE IN WHICH THE LOCAL LAW WAS OVERTURNED) LOCAL LAW NO. 3 OF 2005 PAGE 59 NOISE CONTROL ORDINANCE LOCAL LAW NO. 4 OF 2005 PAGE 63 ZONE CHANGE NYS ROUTE 13 (N.C.W.P., LLC) LOCAL LAW NO. 1 OF 2006 PAGE 64 ADVANCE NOTICE OF STRUCTURAL CONDITIONS LOCAL LAW NO. 2 OF 2006 PAGE 65 USAGE FEES FOR TOWN PARKS LOCAL LAW NO. 3 OF 2006 PAGE 66 REVISION TO ARTICLE XVI OF THE TOWN CODE - STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL LOCAL LAW NO. 1 OF 2007 PAGE 77 ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE LOCAL LAW NO. 1 OF 2008 PAGE 94 REVISED ZONING ORDINANCE LOCAL LAWS - TOWN OF CORTLANDVILLE 1 1 1 LOCAL LAW NO. 2 OF 2008 PAGE 110 AMENDING ARTICLE XI - PLANNED UNIT DEVELOPMENT LOCAL LAW NO. 3 OF 2008 PAGE 115 SNOW REMOVAL ORDINANCE LOCAL LAW NO. 4 OF 2008 PAGE 116 AMENDING CHAPTER 155 - TRANSIENT BUSINESSES LOCAL LAW NO. 1 OF 2009 PAGE 119 AMENDING CHAPTER 86 — FIRE PREVENTION AND BUILDING CODE, ADMINISTRATION AND ENFORCEMENT LOCAL LAW NO. 2 OF 2009 PAGE 121 ZONE CHANGE — 706 NYS ROUTE 13 (JOANN D. CLOWSER) LOCAL LAW NO. 3 OF 2009 AMENDING THE ZONING LAW LOCAL LAW NO.4 OF 2009 ADOPTION OF FLOOD DAMAGE PREVENTION LOCAL LAW NO. 1 OF 2010 VETERANS TAX EXEMPTION 458-B LOCAL LAW NO. 2 OF 2010 MORATORIUM ON COMMERCIAL WIND FARM FACILITIES LOCAL LAW NO. 3 OF 2010 RETIREMENT INCENTATIVE PART A OF CHAPTER 105 LOCAL LAW NO. 4 OF 2010 MORATORIUM ON HYDRAULIC FRACTURING LOCAL LAW NO. 5 OF 2010 LICENSING, IDENTIFICATION, AND CONTROL OF DOGS LOCAL LAW NO. 1 OF 2012 MORATORIUM ON. PLACEMENT OF COMMERCIAL WIND FARM FACILITIES LOCAL LAW NO. 1 OF 2013 WIND ENERGY FACILITIES LOCAL LAW NO. 1 OF 2014 SIGNIFICANT INDUSTRIAL USERS, WATER RATES LOCAL LAW NO. 1 OF 2015 AMENDING THE ZONING LAW AND MAP FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY MEIRA HERTZBERG, ESQ. PAGE 122 PAGE 129 PAGE 145 PAGE 147 PAGE 150 PAGE 151 PAGE 155 PAGE 165 PAGE 168 PAGE 193 PAGE 195 LOCAL LAW NO. 2 OF 2015 PAGE 195 AMENDING THE ZONING LAW AND MAP FOR A ZONE CHANGE FOR VARIOUS PARCELS SUBMITTED BY GUTCHESS LUMBER CO., INC. LOCAL LAW NO. 3 OF 2015 PAGE 197 AMENDING THE ZONING LAW AND MAP FOR A ZONE CHANGE ON ROUTE 11 SUBMITTED BY SUIT-KOTE CORPORATION LOCAL LAW NO. 1 OF 2017 PAGE 198 MORATORIUM AND APPROVALS OF INSTALLATIONS OF SOLAR FACILITIES LOCAL LAW OF 2017 PAGE 199 PROVIDING FOR THE APPOINTMENT INSTEAD OF AN ELECTED SUPERINTENDENT OF HIGHWAYS FOR THE TOWN OF CORTLANDVILLE (Did not pass with the elections of 11/07/2017) LOCAL LAWS - TOWN OF CORTLANDVILLE LOCAL LAW NO. 2 OF 2017 PAGE 201 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C 1 1 1 TOWN OF CORTLANDVILLE f FILED WITH STATE EFFECTIVE JULY 27, 1998 TOWN BOARD IVIEE`1'II1G 07/1 j /93 RESOLUTION #127 ADOPT LOCAL LAW NO. 1 OF 1998 - PAGE 1 GRASS AND WEED_ CONTROL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT ENACTED: by the Town Board of the Town of Cortlandville as follows: STATEMENT OF INTENT: The Town Board of the Town of Cortlandville recognizes and declares that the uncared for and neglectful attention to the growth of grass and other vegetation within residential and commercial areas of. the Town can result in risks to public health and can also detract from the character of neighborhoods. While it is recognized that certain areas may be maintained for natural. habitats and other_ legitimate purposes, the failure of property owners to rare for their property through neglect or .lack of concern requires that measures be taken to insure the maintenance of reasonable health and neighborhood standards. DEFINITIONS: As used in this Law, the terms "lot", "yard" and "place", shall mean a parcel of land no larger than 30,000 square feet, situated in an area of the Town of Cortlandville currently classified as any zone other than Agricultural pursuant to he current Zoning Map of the Town of Cortlandville. No land hereinafter rezoned from Agriculture to any other zoning classification shall be subject to the restrictions of this article unless this law shall be specifically amended to include such rezoned parcel or. parcels. CUTTING AND REMOVAL REQUIRED: Every owner or occupant of any lot, yard or place within the Town of Cortlandville, exclusive of Villages and Agricultural Zones in said Town is required to maintain their properties in a manner to promote good health and neighborhood preservation, and to that end is to cut and remove therefrom all grass, weeds or other uncultivated vegetation located thereon which reaches six (6) inches of. growth. REMOVAL OF GRASS AND WEEDS BY SUPERINTENDENT OF HIGHWAY DEPARTMENT: Upon failure of the owner or occupant to cut and remove grass, weeds or other uncultivated vegetation as prescribed in Section 1 hereof, the Superintendent of the Town Highway Department shall cause notice of said condition to be given to the owner of record of such parcel. as shall appear on the latest tax roll of the Town by certified mail, return receipt requested. In the event that such condition is not remedied within ten days of receipt of said notice, the Superintendent of Highways shall cause the condition to be remedied and the grass, weeds, or other uncultivated vegetation to be removed and shall charge the cost of such removal to the owner_ of record of said property. The Superintendent of the Town High -way Department shall mail a statement. to said owner of record requesting the payment of such cost which shall_ become due and payable within thirty ( 30 ) days from the mailing thereof. I.f such cost is not paid within such time and interest not paid by November 1 of the year in which such cost is incurred, such cost and interest at the rates charged on unpaid taxes able to said property and shall be collected in the manner as any unpaid town tax. PENALTIES FOR OFFENSES: The following penalties shall be levied in addition to the cost described above: (a) For the first offense a fine not to exceed fifty dollars ($50). (b) For the second offense within two (2) calendar years, a fine not less than $50.00 but not to exceed $150.00 dollars. ( c ) For the third offense, a fine not less than $150 . 00 but not to exceed $250.00. (d) Each offense thereafter, not less than. $250.00, not more than $500.00. TOWN BOARD MEETING OF AUGUST 5, 1998 PAGE 2 FILED WITH STATE EFFECTIVE AUGUST 12, 1998 TOWN OF CORTLANDVILLE RESOLUTION #135 ADOPT LOCAL LAW NO. 2 OF 1998 - CODIFICATION OF LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was duly held by this Town Board on August 5, 1998, therefore BE IT RESOLVED, the Town Board does hereby adopt Local Law No. 2 of 1998 - Codification of Local Laws, Ordinances and Certain Resolutions of the Town of Cortlandville as follows: Be It Enacted by the Town Board of the Town of Cortlandville, County of Cortland, New York: Section 1-1. Legislative intent. In accordance with Subdivision 3 of Section 20 of the Municipal Home Rule Law, the local laws, ordinances and certain resolutions of the Town of Cortlandville, as codified by General Code Publishers Corp., and consisting of Chapters 1 through 178, together with an Appendix, shall be known collectively as the "Code of the Town of Cortlandville," hereafter termed the "Code." Wherever reference is made in any of the local laws, ordinances and resolutions contained in the "Code of the Town of Cortlandville" to any other local law, ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such local law, ordinance or resolution had been formally amended to so read. Section 1-2. Continuation of existing provisions. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Cortlandville, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former local laws and ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of Section 1-3 below. Section 1-3. Repeal of enactments not included in Code. All local laws and ordinances of a general and permanent nature of the Town of Cortlandville in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law. Section 1-4. Enactments saved from repeal; matters not affected. The repeal of local laws and ordinances provided for in Section 1-3 of this local law shall not affect the following classes of local laws, ordinances, rights and obligations, which are hereby expressly saved from repeal: A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Cortlandville prior to the effective date of this local law or any action or proceeding brought for the enforcement of such right or liability. Page '3 B. Any offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Cortlandville or any penalty, punishment or forfeiture which may result therefrom. C. Any prosecution, indictment, action, suit or other proceeding pending or any judgement rendered prior to the effective date of this local law brought pursuant to any legislative provision of the Town of Cortlandville. D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Cortlandville. E. Any local law or ordinance of the Town of Cortlandville providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Cortlandville or any portion thereof. F. Any Local law or ordinance of the Town of Cortlandville appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Cortlandville or other instruments or evidence of the town's indebtedness. G. Local laws or ordinances authorizing the purchase sale, lease or transfer of property or any lawful contract or obligation. H. The levy or imposition of special assessments or charges. I. The annexation or dedication of property. J. Any legislation relating to salaries. K. Any local law or ordinance amending the Zoning Map. L. Any Legislation adopted subsequent to October 10, 1997. M. Any legislation relating to or establishing a pension plan or pension fund for municipal employees. N. Legislation regarding affirmative action, adopted November 20, 1987. 0. Legislation regarding an Investment Policy, adopted August 19, 1987. P. Legislation regarding electrical standards, adopted April 16, 1975. Q. Legislation regarding flood damage prevention, adopted, by Local Law No. 2-1983. R. Legislation establishing personnel policies. Section 1-5. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local law or of any local law, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,; impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 1-6. Copy of Code on file. LJ 1 A copy of the code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Cortlandville and Page shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Cortlandville by impressing thereon the Seal of the town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. Section 1-7. Amendments to Code. Any and all additions, deletions, amendments or supplements to any of the local law, ordinances and resolutions known collectively as the "Code of the Town of Cortlandville" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances, or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable. Section 1-8. Code book to be kept up-to-date. It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Cortlandville required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein. Section 1-9. Sale of Code book; supplementation. Copies of the Code may be purchased from the Town Clerk of the Town of Cortlandville upon the payment of a fee to be set by resolution of the.Town Board, which Board may also arrange by resolution for procedures for the periodic supplementation thereof. Section 1-10. Penalties for tampering with Code. Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Cortlandville or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Cortlandville to be misrepresented thereby or who violates any other provision of this local law shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both. Section 1-11. Changes in previously adopted legislation; new provisions. A. In compiling and preparing the local laws, ordinances Page ...5 and resolutions for publication as the Code of the Town of Cortlandville, 'no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such. B. In addition, the amendments an/or additions, as set forth in Schedule A attached hereto and made a part hereof, are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.) Section 1-12. Incorporation of provisions into Code. The provisions of this local law are hereby made Article I'of Chapter 1 of the Code of the Town of Cortlandville, such local law to be entitled "General Provisions, Article I, Adoption of Code," and the sections of this local law shall be numbered Sections 1-1 to 1-13, inclusive. Section 1-13. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. I TOWN BOARD MEETING OF AUGUST 05, 1998 PAGE 6 FILED WITH STATE EFFECTIVE AUGUST 12, 1998 TOWN OF CORTLANDVILLE RESOLUTION # 137 ADOPT LOCAL LAW NO. 3 OF 1998 REGULATION OF OPERATION OF ATV VEHICLES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT ENACTED: by the Town Board of the Town of Cortlandville as follows: STATEMENT OF INTENT: The Town Board of the Town of Cortlandville recognizes that the operation of vehicles known as ATV vehicles can, under certain circumstances, cause excessive noise to the detriment of occupants and owners of residential and other premises within the Town. Section One. The provisions of Article 48-C of the Vehicle and Traffic Law of the State .of New York are hereby declared applicable to the operation of ATV vehicles upon private lands within the boundaries of the Town of Cortlandville. Section Two. The provisions of Section 375(31) of the Vehicle and Traffic Law of the State of New York are hereby declared applicable to the operation of ATV vehicles upon private lands within the boundaries of the Town of Cortlandville. Section Three. For purposes of this Article, the term "motor vehicle" as defines in Section 375(31) shall include ATV vehicles. Section Four. No ATV vehicle shall be operated within the Town of Cortlandville within 500 feet of any adjoining owners property line. Section Five. The penalties for the violation of this law shall be those specified for violations of Article 48-C and Section 375(31) of the Vehicle and Traffic Law of the State of New York. 4 TOWN BOARD MEETING OF FEB.RUARY 03,1999 - TOWN OF CORTLANDVILLE FILED WITH STATE EFFECTIVE 02/16/99 RESOLUTION #33 ADOPT LOCAL LAW NO. 1 OF 1999 APPROVING A ZONE CHANGE ON LUKER ROAD REQUESTED BY f^c-<:' AMANDA SHAW/BARRY LATTA (SENECA DOOR CO.) PROPERTY OWNED BY RICHARD HARRIS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application for a Zone Change from the present R-1 Zone to Business, was submitted by Amanda Shaw/Barry Latta (Seneca Automatic Door Co.), for an eight acre parcel of land on Luker Road, Cortland, NY, said property currently owned by Richard Harris, and WHEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville is amended to reclassify the premises hereinafter described from and R-1 Classification to a Business Classification. SECTION 2. This Local Law shall be effective upon filing with the office of the Secretary of state of the State of New York, as provided by Law. SECTION 3. The premises reclassified hereby are described in Schedule A annexed hereto: ALL THAT TRACT OR PARCEL OF LAND, situated in the Town of Cortlandville, Cortland County, New York, being bounded and described as follows: BEGINNING at a point in the centerline of Luker Road, said point being located a distance of 1467.85 feet northeasterly, as measured along the said centerline of Luker Road from the intersection of said centerline of Luker Road with the centerline of McLean Road; thence S 87 19' 37"W a distance of 80.48 feet to a point marked by set new rod/cap set in the northerly line of lands of Davis (RO, Book 366, Page 712); thence N 26 32'54"W a distance of 33.92 feet to a point; thence N 50 29' 33"W a distance of 85.66 feet to a point; thence N 53 21' 26"W a distance of 90.61 feet to a paint; thence N 61 13' 42"W a distance of 88.70 feet to a point; thence N 67 39' 50"W a distance of 93.37 feet to a paint; thence N 29 07' 46" E a distance of 584.76 feet to a point marked by a set new rod/cap set in the southerly line of lands of Cortland County Airport - Chase Field (RO, Book 299, Page 761); thence N 87 15' 24" E along the southerly line of lands of said Cortland County Airport - Chase Field and lands of Bestway (RO, Book 546, Page 051) a total distance of 656.60 feet to a point in the centerline of said Luker Road; thence S 35 37' 10"W along the centerline of said Luker Road a distance of 928.73 feet to a point, said paint being the paint and place of beginning, containing 8.048 acres of land. PAGE 7 TOWN BOARD MEETING.OF MARCH 03, 1999 TOWN OF CORTLANDVILLE EFFECTIVE MARCH 11, 1999 PAGE 8 i- RESOLUTION #50 ADOPT LOCAL LAW #2 of 1999 AUTHORIZING A ZONE CHANGE AT LORINGS CROSSING OF PROPERTY OWNED BY SUIT-KOTE CORP. AND AMENDING THE TOWN'S ZONING LAW Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an application has been made by Suit -Kate Corp. requesting that the Town Board of the Town of Cortlandville re- classify lands identified as tax map numbers 77.00-01-22.000, 77.00-01-44.1, and 77.00-04-11.11 from their present Business classification to an Industrial classification; and WHEREAS, said application has been referred to the Cortland County Planning Board and the Town of Cortlandville Planning Board; and WHEREAS, recommendations have been received by the Town Board from both Planning Boards to whom this matter was referred; and WHEREAS, the Town Board, in its capacity as Lead Agency, has conducted an environmental review pursuant to the requirements of SEQRA and has issued its negative declaration, identifying environmental impacts and mitigating factors, incorporating into such review comments, suggestions, and revisions of counsel for the applicant and for those who spoke in opposition to said application; and WHEREAS, a public hearing with reference to said application was conducted by the Town Board on the 17th day of February, 1999 at which time proponents of said application and those in opposition thereto were afforded the opportunity to be heard; and WHEREAS, subsequent to said public hearing, the Town Board duly considered the information developed at said public hearing together with the recommendations of the Planning Boards hereinbefore referred to, NOW, THEREFORE, on motion of Councilman O'Donnell, seconded by Councilman Pilato and duly adopted by the majority vote of the Board having considered the following factors: 1. The historical zoning of the premises in question 2. The character of the neighborhood in which said premises are located 3. The comprehensive planning for development of the Town as a whole 4. The economic impact of the proposed amendment on the community 5. The effect of limiting conditions placed upon the granting of a site review by the Town of Cortlandville Planning Board 6. The suggestions regarding zoning of Route 13 northerly made by the ad hoc committee formed at the request of the Town Board to examine certain aspects of zoning within the Town 7. The record established at the aforesaid Public Hearing, including Memoranda of Counsel PAGE 9 IT IS RESOLVED, that the Zoning Law of the Town of Cortlandville as previously enacted and amended is hereby amended as follows: Tax Map Parcels 77.00-01-22.000 and 77.00-01-44.1 are re- classified from a Business classification to an Industrial classification; and it is further RESOLVED, that with the exception of: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Cortlandville, County of Cortland, and State of New York, being a part of Lot 56 in said town, being bounded and described as follows: c:"arrtmnc my at a point in the centerline of New York State Route 13 in said Town of Cortlandville, said point being located south along said centerline a distance of 1028 feet from the intersection of said centerline with the centerline of Loring Crossing Road; running thence S 51 19'E a distance of 349.80 feet to a point marked by an iron pin set in the ground; running thence S 34 09'W a distance of 99.26 feet to a point in a northerly line of lands of Statewide Country Music Association, Inc.; running thence N 71 56'W a distance of 76.55 feet along said northerly line of Statewide Country Music Association, Inc., a distance of 76.55 feet to a point marked by an iron pin set in the ground; running thence S 23 22'W a distance of 90.97 feet to a point marked by an iron pin set in the ground; running thence N 81 31'W a distance of 374.46 feet to a point in the centerline of New York State Route 13; running thence N 43 05'E along said centerline a distance of 259.11 feet to a point; running thence N 36 12'E along said centerline a distance of 143.77 feet to the point or place of beginning and containing 2.26 acres of land be the same more or less, Tax Map Parcel Number 77.00-04-11.11 is re-classified from a Business classification to an Industrial classification; and it is further RESOLVED, that this Local Law shall take effect upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF AUGUST 18, 1999 FILED WITH THE STATE EFFECTIVE SEPTEMBER 27, 1999 PAGE 10 RESOLUTION #154 ADOPT LOCAL LAW NO. 3 OF 1999 AUTHORIZING A ZONE CHANGE AT 3876 ROUTE 11 FOR PROPERTY OWNED BY CARL J. STALEY AND AMENDING THE TOWN'S ZONING LAW Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an application for a Zone Change from the present Agricultural Zane to Industrial, was submitted by Carl J. Staley, for a 1/2 acre parcel of land at 3876 Route 11, Cortland, NY, tax map #87.00-02-05.000, and WHEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Town of Cortlandville Zoning Local Law be and hereby is amended by this Local Law as follows: The following property situated at 3876 Route 11, Town of Cortlandville and identified below is hereby zoned and designated Industrial District under the Town of Cortlandville Zoning Local Law, subject to all regulations created and established relative to said District: Tax Map No. Property Address Reputed Owners 67.00-02-05.000 3876 Route 11 Carl J. Staley SECTION 2. Repeal All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State, as required by Law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF OCTOBER 20, 1999 FILED WITH THE STATE EFFECTIVE DECEMBER 22, 1999 PAGE 11 RESOLUTION #204 ADOPT LOCAL LAW # 4 OF 1999 AUTHORIZING A ZONE CHANGE ON US ROUTE 11 SUBMITTED BY RENSSLEAR AND MARJORIE LIVINGSTON AMENDING THE ZONING LAW OF TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application for a Zone Change from the present Agricultural Zone to Business was submitted by Rensslear and Marjorie Livingston, for properly currently owned by David and Patricia Hunsinger located on US Route 11, Cortland, NY, and WHEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Town of Cortlandville Zoning Law and map are hereby amended by this Local Law as follows: The following parcels situated on Route 11 and Weaver Road in the Town of Cortlandville and identified below are hereby zoned and designated as a Business District under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: 87.00-02-02.100 87.00-02-04.000 87.04-01-01.000 87.04-01-02.000 3865 US Route 11 3872 US Route 11 Weaver Road Weaver Road Stuart Alexander, ETAL David Hunsinger, ETU? Ralph Sovocool, ETAL Steven Hartley SECTION 2. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. 1 TOWN OF CORTLA_NDVILLE PACTE. 12 TOWN BOARD MEETING OF JANUARY 19, 2000 FILED WITH THE STATE EFFECTIVE MARCH 03, 2000 RESOLUTION #34 ADOPT LOCAL LAW NO. 1 OF 2000 LOCKBOX Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortlandville Fire District and the Cortlandville Fire Department for a Local Law for the installation of Lockboxes within the Town of Cortlandville, and WHEREAS, Public Hearings were held on this issue with many comments and concerns, and WHEREAS, the Town Board and Town Attorney drafted the following Local Law based on the input from the public, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: Chapter 86, Fire Protection and Building Inspection, Section 86-6 of the Code of the Town of Cortlandville is hereby amended by adding thereto a new Section to be numbered 86-6-1, to provide as follows: Section 86-6-1 LOCKBOX.ES A. The purpose and intent of this section is to minimize the time of entry to property by Fire Department personnel at times of fire alarms, thus reducing the loss of property, both real and personal, and to enhance the response time experienced by fire personnel. B. A lockbox for storing building keys shall be obtained and affixed on certain premises described herein. Such lockbox shall be as prescribed by the Cortlandville Fire District and shah be obtained in the manner established by said Fire District. C. Lock Boxes shall be required for all new and existing buildings, other than one or two family dwellings, that have fire alarm and/or fire detection systems that result in the Cortland County 911 Center being notified of a fire alarm and which in turn require a response for the Cortlandville Fire Department. Alarm systems include but are not limited to municipal fire alarms, radio, telephone -leased line, telephone dialer or central station systems, subject to the provisions of Section E hereof. D. Lockboxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Cortlandville Fire District. E. In the event that it is determined by the Cortlandville Fire District that the intent of this ordinance would not be served by the installation of a lockbox at specific premises by reason of impracticability, government regulation or other factor, a written waiver of the provisions of this Section, limited to the specific premises in question may be issued by the District. The determination of the Fire District as to the issuance of such waiver shall be final and determinative. Any such waiver issued in conjunction with new construction shall be provided to the Code Enforcement Officer at the time an application for a building permit is submitted. Any such waiver issued in conjunction with structure existing on the effective date of this ordinance shall be retained by the owner of the premises described in such waiver, and shall be exhibited to the Code Enforcement Officer upon his request. F. Any entry obtained by Fire District personnel utilizing the lockbox keys shall be reported by the person supervising such entry as soon as is practical after such entry. G. With regard to new structures, this ordinance shall take effect when filed with the Secretary of State as required by law. With respect to structures in existence on the date of such filing, this ordinance shall take effect on January 1, 2001. a TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF MARCH 01, 2000 FILED WITH THE STATE EFFECTIVE MARCH 27, 2000 PAGE 13 RESOLUTION #62 ADOPT LOCAL LAW NO.2 OF 2000 AUTHORIZING A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY DAVID NARBY AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of Narby and Others," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEAR, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of Cortlandville hereby adopts said Local Law as Local Law No. 2 - 2000 entitled Rezoning of Lands of Narby and Others' , a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said local law to the Secretary of State. BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcels situate on Route 13 in the Town of Cortlandville and identified below are hereby zoned and designated as Business District under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. 96.09-02-45.000 96.09-02-44.200 96.09-02-46.000 Address NYS Route 13 1004 NYS Route 13 1016 NYS Route 13 Reputed Owners Ida Gattanella Robert Bean Robert Bean Section 2. All ordinances, local laws, and pails thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective date. This Local Law shall take effect. immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 14 TOWN BOARD MEETING OF JULY 19, 2000 FILED WITH THE STATE EFFECTIVE OCTOBER 10, 2000 RESOLUTION #142 ADOPT LOCAL LAW NO. 3 OF 2000 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 11 SUBMITTED BY CART J. STALEY Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of Carl Staley", and WHEREAS, notice of said Public Hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said Public Hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQR, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local law as Local Law No. 3 - 2000 entitled "Rezoning of Lands of Carl Staley", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Town of Cortlandville Zoning Law and map are hereby amended by this Local Law as follows: The following parcel situated at 3876 Route 11, Town of Cortlandville and identified below is hereby zoned and designated as Business District under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Property Address Reputed Owner(s) 87.00-02-05.000 3876 Route 11 Carl J. Staley Cortland, NY SECTION 2. Repeal All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York, as required by law. TOWN OF CORTLANDVILLE PAGE 15 TOWN BOARD MEETING OF JULY 19, 2000 FILED WITH THE STATE EFFECTIVE OCTOBER 10, 2000 RESOLUTION #145 ADOPT LOCAL LAW NO.4 OF 2000 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON THE NORTH SIDE OF KINNEY GULF ROAD BEHIND THE RUSTY NAIL RESTAURANT SUBMITTED BY J. LEE AMBROSE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of Ambrose, Trustee", and WHEREAS, notice of said Public Hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said Public Hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEAR, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local law as Local Law No. 4 - 2000 entitled "Rezoning of Lands of Ambrose, Trustee", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Town of Cortlandville Zoning Law and map are hereby amended by this Local Law as follows: The following parcel of 3.5 acres, situated on Kinney Gulf Road, in the Town of Cortlandville and identified below is hereby zoned and designated as Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Property Address Reputed Owner(s) 86.13-01-14.100 Kinney Gulf Rd. J. Lee Ambrose, Trustee Cortland, NY SECTION 2. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 16 TOWN BOARD MEETING OF SEPTEMBER 6, 2000 FILED WITH STATE EFFECTIVE NOVEMBER 17, 2000 RESOLUTION #170 ADOPT LOCAL LAW NO.5 OF 2000 AUTHORIZING THE CONDUCT OF BINGO GAMES BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF CORTLANDVILLE SUBJECT TO MANDATORY REFERENDUM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Bingo", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1 Statutory Authority' Title This Local Law is adopted pursuant to the authority of article 14-H of the General Municipal Law of the State of New York and shall be know as the "Bingo Control Law". Section 2. Definitions A. The words and terms used in this Local Law shall have the same meanings as such words and terms are used in article 14-H of the General Municipal law, unless otherwise provided herein or unless the context requires a different meaning. Pursuant to, and in accordance with, the provisions of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor (as provided in article 14-H of the General Municipal Law) to conduct bingo games within the territorial limits of the Town of Cortlandville, subject to the provisions of this Local law, the provisions of article 14-H of the General Municipal Law, the provisions of Section 479 of the General Municipal Law, and any applicable rules and regulations set forth by the New York State Racing and Wagering Board. Section 4. When Effective In accordance with the provisions of section 496 of the General Municipal Law and section 23(1) of the Municipal Home Rule Law, this Local Law shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town by affirmative vote of a majority of the qualified electors of the Town voting upon the proposition. TOWN OF CORTLANDVILLE PAGE 17 TOWN BOARD MEETING OF SEPTEMBER 6, 2000 FILED WITH STATE EFFECTIVE OCTOBER 10, 2000 RESOLUTION #172 ADOPT LOCAL LAW NO.6 OF 2000 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE TO PERMIT THE LOCATION OF MANUFACTURED HOUSING IN AGRICULTURAL ZONES Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Amendment to Permit the Location of Manufactured Housing in Agricultural Zones," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 6 — 2000 entitled "Amendment to Permit the Location of Manufactured Housing in Agricultural Zones", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said local law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Definition Section of the Town of Cortlandville Zoning Law is amended to add the following definition: "Manufactured Housing — A single family dwelling built according to the Federal Manufactured Housing Construction and safety Standards (24 CFR 3280) HUD Code which is at least a Double Wide measuring 23x40 feet, with skirting enclosure constructed of a masonry material in accordance with generally accepted standards." Section 2. Section 178-14 of the Town of Cortlandville Zoning Law is amended by adding to said Section a new subdivision to read as follows: D. Manufactured Housing Section 3. This act shall take effect upon filing with the Secretary of State of the State New York as required by law. TOWN OF CORTLANDVILLE PAGE 18 TOWN BOARD MEETING OF OCTOBER 18, 2000 FILED WITH STATE EFFECTIVE NOVEMBER 13, 2000 RESOLUTION #192 ADOPT LOCAL LAW NO. 7 OF 2000 AMENDING SECTION 178-48 OF THE ZONING LAW OF THE TOWN OF CORTLANDVILLE - THE TIMING OF NOTICE OF PUBLIC HEARINGS FOR AQUIFER PROTECTION PERMITS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Amendment to Section 178-48 - relating to the timing of Notice of Public Hearings for Aquifer Protection Permits", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 7 - 2000 entitled as indicated hereinabove, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as Follows: Section 1. The first sentence of Section 178-48 of the Zoning Ordinance of the Town of Cortlandville is deleted and the following substituted therefor: A public hearing shall be held in regard to granting such special permit, and notice of the public hearing in regard to the granting of such special permit shall be published in the official town newspaper not more than 15 days and not less than 5 days before the date of such public hearing. Section 2. This Local law shall take effect upon notice given to the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 19 TOWN BOARD MEETING OF DECEMBER 6, 2000 LOCAL LAW WAS NOT FILED WITH STATE BY THE CLOSE OF 2000 YEAR READOPTED AND NUMBERED AS LOCAL LAW NO.2 OF 2001 RESOLUTION #222 ADOPT LOCAL LAW NO.8 OF 2000 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY REROB LC Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax parcel #95.00-06-12.120 from its present Industrial classification to a Business classification, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town Cortlandville hereby adopts said Local Law as Local Law No.8 — 2000, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated at the intersection of NYS Route 13 and Lime Hollow Road in the Town of Cortlandville identified below is hereby zoned and designated as Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner(s) 95.00-06-12.120 Intersection of Route 13 ReRob, LLC and Lime Hollow Road, Cortland, New York Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 20 TOWN BOARD MEETING OF JANUARY 03, 2001 FILED WITH STATE EFFECTIVE FEBRUARY 16, 2001 1 1 1 RESOLUTION #03 ADOPT LOCAL LAW NO. 1 OF 2001 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE NORTH OF CRESTWOOD COURT SUBMITTED BY DANIEL F MCNEIL Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax parcel #86.09-01-38.000 from its present Residential classification to a Business classification, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town Cortlandville hereby adopts said Local Law as Local Law No. 1— 2001, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated on North of Crestwood Court in the Town of Cortlandville identified below is hereby zoned and designated as Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Deputed Owner(s) 86.09-01-38.000 North of Crestwood Court Daniel F. McNeil .232 acre Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF FEBRUARY 7, 2001 FILED WITH STATE EFFECTIVE FEBRUARY 16, 2001 PAGE 21 1 1 RESOLUTION #41 ADOPT LOCAL LAW NO.2 OF 2001 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY REROB LLC Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax parcel #95.00-06-12.120 from its present Industrial classification to a Business classification, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town Cortlandville hereby adopts said Local Law as Local Law No.2 — 2001, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The f ollowing parcel situated at the intersection of NYS Route 13 and Lime Hollow Road in the Town of Cortlandville identified below is hereby zoned and designated as Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner(sl 95.00-06-12.120 Intersection of Route 13 ReRob, LLC and Lime Hollow Road, Cortland, New York Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 22 TOWN BOARD MEETING OF MAY 16, 2001 FILED WITH STATE EFFECTIVE JULY 03, 2001 RESOLUTION #107 ADOPT LOCAL LAW NO. 3 OF 2001 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON THE NORTH SIDE OF NYS ROUTE 222 APPROXIMATELY 230 FEET WEST OF NYS 281 SUBMITTED BY SAMUEL FISH Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax parcel #86.13-01-37.100 from its present Business classification to a Residential classification, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at. Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by then applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town Cortlandville hereby adopts said Local Law as Local Law No.3 — 2001, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated on the north side of NYS Route 222 approximately 230 feet west of NYS Route 281 in the Town of Cortlandville identified below is hereby zoned and designated as Residential under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner(s) 86.13-01-37.100 North side of NYS Route Samuel Fish 222 approx. 230 ft. west of NYS Route 281 Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF C.ORTLANDVILLE PAGE 23 TOWN BOARD MEETING OF JULY 18, 2001 FILED WITH STATE EFFECTIVE JULY 23.2001 RESOLUTION #143 ADOPT LOCAL LAW NO.4 OF 2001 MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Moratorium on Development Along Routes 281 and 13 Corridor", and. WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall. 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Purpose. In order to review and update, if necessary and advisable, its development plan, the Town Board of the Town of Cortlandville has determined to identify and study undeveloped and/or partially developed lands located within the sole source Aquifer area of the Town affected by New York State Routes 281 commencing at the Northerly Town Line at or near Exit 12 of US Interstate Highway 81 and continuing southerly to the Southerly Town Line located on NYS Route 13, (the "Stud), Area") in order to identify and address, among other things, the present and future development needs of these areas, with respect to the appropriateness of the existing zoning district classifications including, but not limited to, considerations of effect of development on the aquifer- itself, traffic congestion, existing surrounding development, visual and other environmental impacts, and the Town's present and future needs for development throughout the Study Area. Therefore, the Town Board of the Town of Cortlandville finds it prudent and necessary to enact a moratorium applicable to the Study Area, as designated hereinbelow, on the approval of land use applications, including but not limited to commercial, business, residential site plans, residential subdivision maps and land divisions for lands located within the Study Area. This moratorium is intended to insure that no approvals for such land use applications, as aforesaid, be granted until this Board may complete its planning studies in respect of said Study Area and has an opportunity to consider and/or enact comprehensive zoning changes, as appropriate, for the lands located within the Study Area. Section 2. Definitions. For purposes of this Local Law, the following definitions shall apply: COMPLETE, APPLICATIONS - A complete application shall conforin to and comply with all applicable requirements of the relevant provisions of the Code of the Town of Cortlandville, the Planning Board Regulations contained in the Code of the Town of Cortlandville and all other applicable State and Local Laws, rules and regulations. PAGE 24 STUDY AREA - The Study Area which is the subject of this moratorium shall include all lands within Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 as defined above. Section 3. Prohibitions. No land use applications for site plan approval, special permits or other land use approvals, subdivision maps or plats, and/or for land divisions shall be accepted and/or granted approval by the Planning Board, the Zoning Board or the Town Board with respectto or for parcels of land located within the Study Area. Section 4. Exceptions. The prohibitions on the land use applications and approvals contained in this Local Latin shall not apply with respect to non-residential site plans, non-residential land divisions, special permits and/or other land use applications for existing non- residential Zoned lands and/or for land use applications for subdivision maps, land divisions, residential site plans and other residential land use applications which are filed, accepted and pending as of August 1, 2001 and/or for completed land use applications for sub -division maps, land divisions, residential site plans and other land use applications which are filed, accepted and pending as of the effective date of this Local Law herein, nor shall its provisions apply uses relating to the seasonal sale of agricultural products. Section 5. Term. This Local Law shall expire eight (8) months after the effective date hereof. Section b. Severabilit.y. If any word, clause, sentence, paragraph, subdivision or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect., impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgement shall have been rendered. Section 7. Effective Date. This Local Law shall become effective when filed with the Secretary of State as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF SEPTEMBER 26, 2001 FILED WITH STATE EFFECTIVE OCTOBER 9, 2001 PAGE 25 RESOLUTION #191 ADOPT LOCAL LAW NO. 5 OF 2001 AMENDING LOCAL LAW NO.4 OF 2001- MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on proposed amendments to Local Latin No. 4 of 2001 entitled "Moratorium on Development Along Routes 281 and 13 Corridor", and WHEREAS, notice of said public hearing was duly published in the Cortland, Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed amendments to Local Law No. 4 of 2001.. or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt amendments to said Local Law No. 4 of 2001, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. That portion of Local Law No. 4 of 2001 which defines the Study area of the enacted moratorium is repealed and the following enacted in its place and stead: STUDY AREA -- The Study Area which is the subject of this moratorium shall include all lands within the Primary and Principal areas of the Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 within an area bounded as follows: North - The intersection of NYS Route 281 and the southerly line of the Village and Town of Homer. South - The intersection of NITS Route 13 and the northerly line of the Town of Virgil. East - A line running North and South from the intersection of Locust Avenue and Lighthouse Hill running south to Pendleton Street. West - The Primary and Principal areas of the Aquifer Protection District situated Westerly of NYS Routes 281 and 13. Section 2. Section 4 of Local Law No. 4 of 2001 is repealed and the following enacted in its place and stead: PAGE 26 Section 4. Exceptions. The prohibitions on the land use applications and approvals contained in this Local Law shall not apply with respect to non-residential site plans, non-residential land divisions, special permits and/or other land use applications for existing non -residentially zoned lands and/or for land use applications for subdivision maps, land divisions, residential site plans and other residential land use applications which are filed, accepted and pending as of August 1, 2001 and/or for completed land use applications for subdivision maps, Hand divisions, residential site plans and other land use applications which are filed, accepted and pending as of the effective date of this local law, nor shall its provisions apply to uses relating to the seasonal sale of agricultural products nor shall it affect construction which does not increase the area utilized on August 1, 2001, and where the intent is to replace existing structures, subject to review by the appropriate Boards and Agencies. Also excepted from the provisions hereof are single family residences where only an area variance is required. Section 3. This Local Law shall take effect upon filing with the Secretary of State as required by law. I TOWN OF CORTLANDVILLE PAGE 27 TOWN BOARD MEETING OF APRIL 03, 2002 FILED WITH STATE EFFECTIVE APRIL 25, 2002 RESOLUTION #85 ADOPT LOCAL LAW NO. 1 OF 2002 MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Moratorium on Development Along Routes 281 and 13 Corridor", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, finds that pending the completion of the study and enactment of a comprehensive plan of development and corresponding amendments to the relevant codes of said Town, it is necessary for the good, safety and welfare of the community to continue the moratorium on the issuance of building permits and the granting of variances and special use permits in residential districts which was adopted by previous enactment of local law. The purpose of that law was to halt the issuance of building permits and Board of Appeals approvals in certain areas of the Town designated as "The Study Area" pending the study and enactment of amendments to the Town Development. Plan. It is the finding of the Board that without such interim prohibitions, any proposed amendments to the Town Development Plan may be ineffectual if building permits, variances or special use permits are issued pending study and adoption of such amendments. Since the enactment of said previous Local Law, a subcommittee of this Board has been reviewing zoning proposals. That conunittee has recently reported on some proposed zoning changes, but is still considering others. As the study is not completed, the Board finds that an extension of the moratorium is warranted, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Purpose. In order to review and update, if necessary and advisable, its development plan, the Town Board of the Town of Cortlandville has determined to identify and study undeveloped and/or partially developed lands located within the sole Source Aquifer area of the Town affected by New York State Routes 281 commencing at the Northerly Town Line at or neat- Exit 12 of US Interstate Highway 81 and continuing southerly to the Southerly Town Line located on NYS Route 13, (the "Study Area") in order to identify and address, among other things, the present and future development needs of these areas, with respect to the appropriateness of the existing zoning district classifications including, but not limited to, considerations of effect of development on the aquifer itself, traffic congestion, existing surrounding development, visual and other environmental impacts, and the Town's present and future needs for development throughout the Study Area. PAGE 28 Therefore, the Town Board of the Town of Cortlandville finds it prudent and necessary to enact a moratorium applicable to the Study Area, as designated hereinbelow, on the approval of land use applications, including but not limited to commercial, business, residential site plans, residential subdivision maps and land divisions for lands located within the Study -Area. This moratorium is intended to insure that no approvals for such land use applications, as aforesaid, be granted until this Board may complete its planning studies in respect of said Study Area and has an opportLJ11itV to consider and/or enact comprehensive zoning changes, as appropriate, for the lands located within the Study Area. Section 2. Definitions. For purposes of this Local Law, the following definitions shall apply: COMPLETE APPLICATIONS - A complete application shall conform to and comply with all applicable requirements of the relevant provisions of the Code of the Town of Cortlandville, the Planning Board Regulations contained in the Code of the Town of Cortlandville and all other applicable State and local laws, rules and regulations. STUDY AREA - The Study Area which is the subject of this moratorium shall include all lands within the Primary and Principal areas of the Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 within an area bounded as follows: North — The intersection of NYS Route 281 and the southerly line of the Town and Village of Homer. South — The intersection of NYS Route 13 and the northerly line of the Town of Virgil. East — A line running North and South from the intersection of Locust Avenue and Lighthouse Hill running south to Pendleton Street. West — The Primary and Principal areas of the Aquifer Protection District situated Westerlv of NYS Routes 281 and 13. Section 3. Prohibitions. No land use applications for site plan approval, special permits or other land use approvals, subdivision maps or plats, and/or for land divisions shall be accepted and/or granted approval by the Planning Board, the Zoning Board or the Town Board with respect to or for parcels of land located within the Study Area. Section 4. Exceptions. The prohibitions on the land use applications and approvals contained in this Local Law shall not apply with respect to non-residential site plans, non-residential land divisions, special permits and/or other land use applications for existing non - residentially zoned lands and/or for land use applications for subdivision maps, land divisions, residential site plans and other residential land use applications which are filed, accepted and pending as of August 1, 2001 and/or for completed land use applications for slab -division maps, land divisions, residential site plans and other land use applications which are filed, accepted and pending as of the effective date of this local law, nor shall its provisions apply to uses relating to the seasonal sale of agricultural products nor shall it affect construction which does not increase the area utilized on August 1, 2001, and where the intent is to replace existing structures, subject to review by the appropriate Boards and Agencies. Also excepted from the provisions hereof are single family residences where only an area variance is required. PAGE 29 Section 5. Term. This Local Law shall expire June 30, 2002. Section 6. Severability. If any word, clause, sentence, paragraph, subdivision or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgment shall have been rendered. Section 7. Effective Date. This Local Law shall become effective when filed with the Secretary of State as required by law. I TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF APRIL 17, 2002 FILED WITH STATE EFFECTIVE APRIL 29, 2002 PAGE 30 I 1 RESOLUTION #96 ADOPT LOCAL LAW NO.2 OF 2002 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY SCWP INC Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of SCWP, Inc. (Tax Map #95.00-06-12.112)," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 - 2002, entitled "Rezoning of Lands of SCWP, Inc.", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said local law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Zoning Classification of Tax Map Parcel #95.00-06-12.112 is hereby changed from its present classification as Industrial to the new classification of Business. Section 2. This Local Law shall be effective when filed with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF AUGUST 7, 2002 FILED WITH STATE EFFECTIVE AUGUST 22, 2002 PAGE 31 1 E 1 RESOLUTION #160 ADOPT LOCAL LAW NO. 3 OF 2002 ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 69, LAWS OF 2002 FOR THE ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Retirement. Incentive Program" as authorized by Chapter 69, Laws of 2002 for the eligible employees of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 69, Laws of 2002. Section 2. The commencement date of the retirement incentive program shall be October 3, 2002. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be 90 days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees' Retirement System, and it shall be paid by the Town of Cortlandville for each employee who receives the retirement benefits payable under this local law. Section 5. This act shall take effect when filed with the Secretary of State as required by law. 1 1 1 TOWN OF CORTLANDVILLE PAGE 32 TOWN BOARD MEETING OF AUGUST 7, 2002 DEFEATED BY MANDATORY REFERENDUM VOTES OF NO 1,023 TO YES 951 RESOLUTION #161 ADOPT LOCAL LAW NO. 4 OF 2002 AUTHORIZING GAMES OF CHANCE BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF CORTLANDVILLE EXCLUSIVE OF THE VILLAGE OF MC GRAW Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Games of Chance", and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Statutory Authority: Title This Local Law is adopted pursuant to the authority of article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Control Law" of the Town of Cortlandville. Section 2. Definitions A. The words and terms used in this Local Law shall have the same meanings as such words and terms are used in article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning. B. As used in this Local Law, the following terms shall have the meanings indicated: 1. "The Chief Law Enforcement Officer" means the Sheriff of Cortland County. 2. "Town" means the Toren of Cortlandville, exclusive of the Village of McGraw. Section 3. Games of Chance Authorized: Restrictions Pursuant to, and in accordance with, the provisions of section 188(1) of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor (as provided in article 9-A of the General Municipal Law) to conduct games of chance within the territorial limits of the Town, as defined herein, subject to the provisions of this Local Law, the provisions of article 9-A of the General Municipal Law, and the rules and regulations set forth by the New York State Racing and Wagering Board. The conduct of games of chance shall be subject to the restrictions imposed by section 189 of the General Municipal Law. PAGE 33 Section 4. Sun -day Games Games of chance may be commenced under any license issued pursuant to this Local Law on Sunday between the hours of noon and midnight only, except that the application for a license may request approval to conduct such games of chance beyond midnight if the following day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day, or New Year's Eve. Section 5. Control and Supe The powers and duties set forth in subdivisions 1 and 2, section 194 of the General Municipal Law shall be exercised by the Chief Law Enforcement Officer of Cortland County. Section 6. When Effective In accordance with the provisions of section 188(2) of the General Municipal Law and section 23(1) of the Municipal Home Rule Law, this Local Law shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town, by affirmative vote of a majority of the qualified electors of the Town voting upon the proposition, and when filed with the Secretary of State of the State of New York as required by law. 1 TOWN OF CORTLANDVILLE PAGE 34 TOWN BOARD MEETING OF MAY 75 2003 FILED WITH STATE EFFECTIVE JULY 21, 2003 RESOLUTION #85 ADOPT LOCAL LAW NO. 1 OF 2003 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY S.C.W.P., LLC. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of S.C.W.P., LLC. (a portion of Tax Map #95.00-06-12.111)," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQR, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 - 2003, entitled "Rezoning of Lands of S.C.W.P., LLC.", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said local law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Zoning Classification of a portion of Tax Map Parcel #95.00-06- 12.111, lots 3R 1.55-acre and 4R 1.087-acre, is hereby changed from its present classification as Industrial to the new classification of Business. Section 2. This Local Law shall be effective when filed with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF AUGUST 6, 2003 FILED WITH STATE EFFECTIVE AUGUST 25, 2003 PAGE 35 RESOLUTION #145 ADOPT LOCAL LAW NO. 2 OF 2003 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE TO ESTABLISH DESIGN AND DEVELOPMENT GUIDELINES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Design and Development Guidelines," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland. New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 2 - 2003, entitled "Design and Development Guidelines," a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. Section 178-125 is hereby amended to read as follows: All construction shall be in compliance with the New York State Uniform Fire Prevention and Building Code (current edition), the National Electric Code (current edition) and the Design and Development Guidelines contained in Section 178-140 of this Ordinance. SECTION 2. The Town of Cortlandville Zoning Ordinance is hereby amended by adding thereto a new section 178-140 to provide as follows: Design and Development Guidelines The following design and development guidelines shall be considered in all new non-residential and non-agricultural development and redevelopment projects. These guidelines shall also be considered in all new residential development and redevelopment projects that consist of three or more dwelling units. Site Design and Building Orientation Site planning and design need to address a variety of aesthetic issues that consider not only the development site itself, but the site's relationship to its surroundings. It is important to address design issues not only along the sides of the roadway itself in immediate view of the public right- of-way, but any development parcels that are visible from the corridor. Building location and building orientation, the exterior appearance of buildings, parking lot orientation and appearance, landscaping, signage, lighting and vehicular as well as pedestrian circulation all need to be considered as part of the overall site design and site plan review process. PAGE 3 6 Building location and orientation on a development or redevelopment site are significant design considerations that have a direct relationship to how buildings look and function relative to their surroundings. The location and orientation of buildings shall consider their overall visual impact. New development or redevelopment shall not be visually intrusive, dominate views or contrast sharply to the existing and/or desirable character of the various planning areas. Orientation of Buildings • The orientation of new buildings and their rooflines shall be compatible and consistent with existing and desirable patterns of residential, commercial and industrial development area. The height, scale and proportion of new buildings shall be consistent and/or compatible with surrounding buildings on adjacent properties. • Buildings shall be oriented to maximize views of the front, not the sides or rear of buildings. Care must also be taken to minimize undesirable views of large parking areas, service areas, outdoor storage and utility areas and delivery locations. • New buildings shall be sensitive to views from adjacent and off -site uses. Buildings shall be oriented so as not to create undesirable views of the sides or rear portions of buildings form nearby uses, particularly residential properties. • New buildings and parking areas shall be oriented to provide for safe, separate and efficient circulation patterns between pedestrians, non -motorized and motorized vehicles. Building Design and Architectural Features The following criteria are not intended to restrict creativity or variety in building design, but rather assist in focusing on traditional design and architectural principles. These principles are intended to encourage creative design solutions that will result in projects with an attractive visual appearance. Non-residential Buildings Large-scale, non-residential development and redevelopment projects including professional office, commercial, light industrial and institutional uses must be compatible in scale and character with nearby developments, particularly residential uses. • Traditional architectural styles are encouraged over highly ornate and/or ultra modern styles. • Corporate franchise -style and "cookie cutter" architecture shall be discouraged in favor of building styles that complement neighborhood character and design objectives particularly where residential uses are nearby. • Peaked roofs and varied rooflines may be more appropriate for some non-residential buildings to mimic nearby residential characteristics, particularly near established and possible future residential areas at both the northern and southern ends (gateway areas) of Cortlandville. • All building facades visible from public streets, public areas and residential neighborhoods shall have features of suitable scale and utilize construction materials that integrate consistently and compatibly with the visual characteristics of surrounding areas. • The rear facades of buildings that are visible from public streets and viewpoints shall have a finished quality utilizing materials and colors that are consistent with the remainder of the building. • Public spaces shall be considered for integration into the design of large-scale non- residential developments where public use is expected or encouraged. These spaces may include seating areas, gardens and plazas. This is especially true for institutional use and large-scale businesses that are open to the public. • Loading and delivery areas, outdoor storage facilities/areas, trash collection areas and employee parking areas shall incorporate suitable site and landscaping features. These areas shall not be located in full public view. Landscaping features shall include appropriately sized deciduous and evergreen plant materials to mitigate the effects from year-round public exposure of fencing, lighting and noise. PAGE 37 Residential Development New single-family residential development projects shall be compatible in scale, form and mass with surrounding residential uses and in other areas of the study area. New infill residential development shall be sensitive to adjacent properties and not introduce housing styles that are inconsistent in patterns of development, scale, mass, form, or style with surrounding residential units or neighborhoods, unless such changes are desired by the community. • Houses that are identical in appearance, building elevation, floor plans, etc. shall be discouraged from locating in view, on adjacent lots, or directly across the street from each other if significantly visible. If a single house design is used repeatedly, the use of varying materials, colors, window treatments and other design details shall be encouraged to distinguish one unit from another. • The orientation of new houses in view shall follow established patterns where either the fronts or sides of homes are seen. The rear facade of new houses shall not be the predominant view of the structure. • New housing shall avoid consistent use of styles that emphasize garages as a visual focal point of a house's design. • New housing developments shall avoid to the greatest extent possible, visual monotony caused by long, straight lines of similar looking houses along a street. Variation in roofline, roof features (peaks, dormers), porches, doors, windows and paint details are encouraged. • New development shall be encouraged to extensively use landscaping elements to help distinguish housing units, subdivisions and neighborhoods. Landscaped entranceways into subdivisions and neighborhoods are encouraged. Building Materials • Materials shall have desirable architectural character and quality. Materials shall be selected for harmony in color and texture with adjoining buildings. Brick, native stone and high quality wood treatments are encouraged over the use of metal materials as the principal non-residential building material. • Buildings shall make use of the same materials, or those that are architecturally harmonious and visually compatible, for all building walls and exterior building components that are either wholly or partly visible. • Materials shall be considered for their durable quality, longevity and ease of maintenance. Inappropriate use of materials, for which they are not intended, and questionable construction practices in their installation shall be avoided. • Front and side building facade materials shall be of subtle colors and low reflectance to prevent glare. Colors that are classic in appearance, neutral, timeless, and of an earthen tone shall be encouraged over non-traditional, bright of neon colors. Windows and Doors • Building components such as windows and doors shall be compatible in scale and proportion to one another and to desirable patterns established. • A well -designed building entrance shall be visible from the street and provide the focal point of the building's front facade. Recessed entrances are encouraged particularly when such entrances add to the overall appearance of the facade. • Colors for framing shall be harmonious with other building elements and the use of compatible accent colors is encouraged. • There shall be no long, blank, featureless building facades. Building wall appearance can be enhanced with windows or other architectural design and/or landscape features such as recessed areas and projections, or well landscaped with trees and shrubs in order to avoid monotony in design and appearance. Utilities and Storage • All gas and electric meters and other appurtenances shall either be incorporated internally into the structure or be of similar color and materials to the principal structure so as not to be visually distinct. PAGE 3 8 • Mechanical equipment or other utility hardware on the roof, ground level, or buildings themselves shall be screened from public view with materials that are harmonious with the building, or located in such a manner as not to be visible from residential uses, public areas, walkways and streets. Landscaping of potentially visible utility boxes shall be screened to the greatest extent possible using plant materials and landscaping while still allowing for access and maintenance. • All accessory buildings (garages, sheds, storage buildings, etc.) And structures shall be compatible with the materials and colors of the principal buildings (s). Vehicular Access Management and Parking The objective with regards to vehicular access management and traffic circulation is to maintain and acceptable level -of -services on roadways for efficient traffic flow by limiting unnecessary turning movements, curb cuts, sight line problems and other potentially unsafe roadway conditions (see Chapter 5). Access management must also provide for safe, separated pedestrian circulation patterns in relation to vehicular movements. New site entrances, curb cuts and driveways shall be avoided as much as possible to eliminate additional turning movements that may cause further restrictions in traffic flow and decreased levels -of -service. The following guidelines have a direct bearing on defining the charter of an area. Street Patterns • A connected street system that provides residential access through neighborhood streets to the greatest extent possible shall be encouraged. • New streets shall be interconnected in clearly discernable patterns. New streets shall connect to existing streets wherever possible and in a grid or other pattern that follows traditional street patterns in the community. Street patterns shall be simple and direct to provided the shortest and most direct routes to destinations. • Curvilinear street patterns and cul-de-sacs generally increase construction and maintenance costs, gas consumption, and the amount of impervious areas of pavement and shall be avoided wherever possible. These uses shall be considered only where topography or other natural or man-made conditions require their use. • Street design shall encourage slower traffic in neighborhoods and areas of pedestrian activity. Service Roads And Driveways • The use of service roads in large-scale developments, both residential and nonresidential development and redevelopment projects, shall be thoroughly considered during projects design to limit unnecessary curb cuts along the. • Site entrances and exits shall be clearly delineated and designed to provide for smooth traffic flow into and out of a site and within parking areas utilizing curbing and landscaping to delineate traffic movement patterns. • Internal access to out parcels is encouraged over new ingress and egress points. • Connecting parking lots and consolidating driveways for cross access of parcels is encouraged in site design and layout. • Restricting the number of driveways per lot to reduce potential traffic and pedestrian conflicts is encouraged. Driveways shall intersect adjoining roads at a right angle for maximum driver and pedestrian visibility and safety. • Locating access driveways away from intersections at maximum distances possible is encouraged. • Increased minimum lot frontages along major roads is encouraged in order to limit access points on the highway. • Entrances and exits shall be attractively designed, signed, landscaped and well maintained to better delineate driveways as access locations. Delineation of driveways in interior portions of sites shall be accomplished using trees and other plant materials rather than bollards or other man-made, less attractive materials. Entrances to large residential and non-residential developments are encouraged to have landscaped medians and tree - lined access roads for better delineation and appearance. PAGE 39 ParkinIZ Areas • Off-street parking areas that consolidate rear parking lots are encouraged as well as the use of service roads and shared driveways to limit the number of access points to a site or new curb cuts that may otherwise be needed. Internal circulation of shared parking areas and driveways shall be clearly delineated by curbing, green areas (snow storage areas) and landscaping. • Off-street parking areas shall be screened from street frontages and adjoining residential properties by low walls, earthen berms, dense landscape plantings or combinations of these elements. Fencing shall be discouraged in favor of more permanent, natural and durable screens. • Parking to the rear or sides of buildings shall be encouraged over parking areas between the building's front facade and other major public roads. • The design of large parking lots shall include perimeter landscaping and landscaped islands. Green space and landscaping shall be provided between highway rights -of -way and parking areas where possible. Landscaped buffers and islands shall consider the use of a variety of plant materials for visual appeal and year-round effect. Plant materials shall include deciduous and evergreen trees, shrubs and/or perennial flowers. Pedestrian and Non -motorized Circulation It is the goal of the Town of Cortlandville to create a safe atmosphere throughout for pedestrians and non -motorized uses such as bicycles. A series of long-term actions will need to be taken to improve the pedestrian scale of the corridor and provide a certain pedestrian amenities to accommodate non -motorized and pedestrian activity. Eventually an interconnected network of walkways and pathways will encourage pedestrian activity and the use of non -motorized means of travel. The benefits realized by creating a more "walkable" community will include less reliance on the automobile, decreased traffic congestion, a healthier citizenry, greater social interaction among neighbors and businesses, and a strengthened sense of community. The result will be residential neighborhoods and business areas that are not isolated from other major roadways. Sidewalks and Crosswalks Land uses must support pedestrian and non -motorizes activities. Therefore, it becomes very important that the design of new development and significant redevelopment projects within the corridor study area create physical linkages between different adjoining land uses via an eventual continuous network of sidewalks and/or trails. The design of new developments and redevelopment projects must provide for a safe and attractive pedestrian and non -motorized environment. Street networks shall be designed to be pedestrian -friendly by providing adequate separation of pedestrians and non -motorized means of transportation from vehicular traffic circulation patterns. • Sidewalks and curbs shall be provided along both sides wherever possible. This is particularly important in high traffic commercial sections of the corridor. Where this is not practical or where the public right-of-way is limited sidewalks shall be provided on at least one side. • Sidewalks shall be constructed of concrete with a minimum width of five (5) feet. Widths of up to eight (8) feet may be more appropriate in some high traffic commercial areas. • Sidewalks shall provide landscaped areas between the street curb or paved shoulder of the road and the street side edge of the sidewalk, particularly in residential areas. Planting strips (green space or snow storage areas) of at least five (5) feet in width where practical between the edge of pavement and the inside (roadside) edge of sidewalks shall be provided rather than paved asphalt or concrete surfaces, particularly in residential areas. This planting strip may be substituted for compatible paved materials in commercial and business areas. • Sidewalks shall be provided at all new development or redevelopment projects, including business and residential areas, to connect to adjacent land uses. • All sidewalks, pedestrian and non -motorized pathways shall be designed to be barrier - free and accessible to the public and meet State and local standards. PAGE 40 • Interior sidewalks outside the public right-of-way shall be provided at all new development or redevelopment projects as connections between the public sidewalk and primary entrances to non-residential buildings. • Well-defined crosswalks to connect sidewalks are of paramount importance for public safety. In most cases, crosswalks shall be defined by signage, printing and striping. Street Trees. Furnishings and Pedestrian Amenities Street trees, streetscape furnishings and pedestrian amenities shall be considered as part of an integrated, well -conceived streetscape plan. A streetscape plan may include street trees, for shade and comfort, and street lighting for safety and security. However, the placement of any materials within the public right-of-way will need to be permitted by the jurisdictional agency. In the likely event that no plant or other materials may be placed within the public right-of-way, the placement of trees, plant materials and furnishings (benches) may be possible alongside the public right-of-way with the support and permission of the private property owner. The placement of these amenities may be part of an overall development or redevelopment project. • The provision of street side amenities shall be encouraged along all pedestrian sidewalks where possible including the placement of trees, lighting and flower beds. The placement of materials in the must be coordinated with and receive permission from the State Department of Transportation. Trees, shrubs and flowers shall not restrict views of or from pedestrian areas or cause the creation of unsafe situations. • In addition to sidewalks, new development and redevelopment shall consider the use of trees and other vertical design elements just outside the public right-of-way (lampposts, plant materials, etc). The use of these materials may create effective physical and visual buffers between sidewalks, vehicular traffic and parking areas as well as a means to better define the edges of the public right-of-way. • The planting of street trees shall be a long-term objective with a consistent appearance in the use of tree species and spacing inside or outside the public right-of-way. However, the placement of any materials within the public right-of-way must be coordinated with and receive approval by the NYS Department of Transportation. • For all development in non-residential areas street trees shall be installed outside the public right-of-way typically at thirty (30) to forty (40) foot intervals where practical. Street trees shall be required in addition to any additional on -site landscaping. • Tree species shall be selected that have root growth habits that do not cause damage to pavements, sewer or waterlines. Trees shall be planted no closer than five (5) feet from sidewalks, five (5) feet from streets, and eight (8) feet from driveways. Lighting Lighting objectives are different for motorists and pedestrians. High intensity lighting mounted on poles of considerable height are meant to illuminate roadways for safe vehicular travel. However, lighting intended for motorists may create an uncomfortable or undesirable pedestrian atmosphere. Lighting in pedestrian areas shall include low -angle pedestrian -scale lampposts that illuminate full color spectrum light for more realistic nighttime colors and prevention of glare. Pedestrian lighting in certain commercial and institutional areas may be a long-term objective for the community. Lighting features shall complement building design and be consistent in appearance throughout a development site. However, as with the use of other design elements, creativity in design shall be encouraged to avoid too much uniformity that results in visual monotony. • Lighting shall be used to enhance landscaping, building features and textures, pedestrian areas, public spaces, building entrances and site entry points. • Illumination shall be consistent with neighborhood ambient light levels. • Lighting fixtures shall direct light downward in most applications to limit the amount of light escaping off -site, except in situations where low level lighting is used specifically to highlight landscape features, buildings and pedestrian walkways. • Exterior lighting shall be considered as part of the design concept for a building and site. Light fixtures, standards, and all exposed accessories shall be harmonious to a building's design and not result in undesirable lighting off -site. • Adequate lighting shall be provided for safety and security reasons and incorporated into the site and building design process. 0 Floodlights and the use of other high intensity lighting shall be discouraged. PAGE 41 • Vandal resistant light fixtures shall be used to the greatest extent practical. • Lighting elements in pedestrian areas as part of site design shall be pedestrian -scale, typically twelve (12) to fifteen (15) feet in height, made of durable metal and vandal - proof materials and ornamental in appearance. • Any ornamental lighting used in site design and in view of the public right-of-way shall be consistent in style and street lighting patterns acceptable to the Town's design obj ectives. Si na e The location, size, design, materials and lighting of signs shall be considered as an important part of a development site's overall design. Signage shall enhance a building's architecture and complement a site in terms of its consistency with building scale and architectural styles. Signs shall not appear as an afterthought to a building or site's design or be visually dominant. • Signs shall complement their surroundings and covey its message clearly and simply. Signs shall be weather and vandal proof to the greatest extent practical. • Signs shall be well -landscaped and maintained using plant materials of suitable scale, numbers and form. • Roof -mounted signs shall be avoided. Wall signs or low -profile signs are preferred over pole -mounted or projecting signs. Freestanding signs shall incorporate the architectural style and character of the building (s) it identifies. Large-scale freestanding signs shall be discouraged. • Signs shall have appropriate scale and proportion to a site and its use. Signs shall be designed as an integral part of the architectural features of the building. Sign size must be consistent with the Town's Zoning Ordinance requirements. Sign height shall be proportional to local zoning districts and permitted uses. Ground sign height in professional office use B-1 districts (real estate, attorney, insurance, physician) shall be six (6) feet in height or less from the top of finished grade. Ground sign height in commercial highway use B-2 districts (fast food restaurants, retail less that 15,000 square feet, etc.) shall be six (6) feet in height or less from the top of finished grade. Ground sign height in planned commercial use B-3 districts (retail greater than 15,000 square feet, auto dealerships, etc.) shall be eight (8) feet in height or less from the top of finished grade. Ground sign height in industrial I-1 and 1-2 districts shall be six (6) feet in height or less from the top of finished grade. All ground (monument) signs shall be attractively landscaped and maintained. • Neon tubing and other high intensity accent treatments shall not be used in sign, facade or building design. • Wall signs incorporated into a building's facade shall be framed and limited to one sign for each side of the structure to prevent visual clutter. • Colors and materials used for signs shall be consistent with building colors and materials. • Lighting shall be adequate to enhance the sign's overall appearance. Intense lighting that produces glare or off -site impacts shall be avoided. • Exposed supports to stabilize signs, including wires and cables shall be avoided. Landscape Design Landscape design not only improves the appearance of a development site, but also enhances both pedestrian and vehicular access and management. Plant materials and landscaping features, such as masonry walls, can serve to highlight points of entry to a site or a neighborhood as well as identify pedestrian and vehicular circulation routes. Landscape designs often do not realize their full potential and effectiveness for a variety of reasons. Some of these reasons may include using an insufficient amount of landscaping materials, primarily plants; poorly designed landscape plans using incompatible or inappropriately sized materials; and a lack of adequate maintenance that may include irrigation or regular removal and replacement of dead or diseased plant materials. • All new development and redevelopment shall include landscaping as part of the overall site design process. Landscaping shall not be an afterthought to site development or building design process, but integrated as a primary design consideration. • Landscaping shall be used to accentuate building entrances, pedestrian corridors and building features. Foundation plantings shall be used around all buildings. • Plant materials and man-made elements (brick pavers, concrete, etc.) shall be used PAGE 42 creatively to delineate and highlight building and site entry points and serve to act as gateways into development areas, business and office parks, and residential neighborhoods. • Landscaping shall be used to define parking areas, vehicular and pedestrian circulation routes. • Perimeter landscaping shall be provided along property lines where there is a change in land use, primarily between non-residential uses and adjoining residential properties. • The use of native plant materials shall take precedence over exotic or non-native plant species. Invasive plant species shall not be used. • All plant materials shall be sized to create an attractive appearance within three (3) to five (5) years of installation. Trees and shrubs shall be creatively grouped together to form a visual focal points of interest. Irrigation is encouraged to maintain plants in healthy condition. • Excessive varieties of plant materials shall be avoided in favor of creating an attractive, cohesive landscape design. Year-round effectiveness of planting must be considered and shall include a mix of deciduous and evergreen trees and shrubs. • Landscape designs shall incorporate existing, desirable trees and shrubs found on site as much as practicable. In particular, healthy mature trees and woodland areas shall be preserved and maintained to the greatest extent possible. • Grading under the drip line of mature and protected trees is discouraged to avoid soil compaction and root damage. • Grading of a site shall blend in with existing contours of adjacent parcels and not result in abrupt changes in grade. Earthen berms, if used, shall not appear overly engineered or linear, but have a more natural, non -linear, undulating appearance. • Developers are encouraged to use the services of professional landscape architects and landscape designers. Landscaping shall define parking areas and pedestrian areas. Landscaping shall accentuate building entrances. Buffers and Screens Physical buffers and visual screens between different, adjoining land uses are critical design elements that shall be utilized to reduce undesirable visual impacts. In developed areas, visual screens may be a combination of structural elements (walls) and non- structural natural elements (earthen beams and plant materials). The use of some types of wooden fencing (for example, stockade) and particularly those requiring regular maintenance, and chain link fencing along or in the immediate view of the public right-of-way is discouraged. • Structural screening walls shall appear as extensions of a building's design that repeat architectural features including building materials, textures and colors. For example, red brick buildings shall be encouraged to use matching red brick materials if structural screening walls are used. • Screening walls shall not be painted since painting requires considerable maintenance to keep its appearance. Rather screening walls constructed of high quality, long lasting, but not necessarily high cost, materials are preferred. • A combination of structural screens, such as low walls, and/or natural landscape plant materials shall be provided where possible between parking lots and sidewalks or other pedestrian use areas. • The use of chain link fencing as buffers and screens is discouraged. The use of barbed wire fencing is also discouraged. In some areas chain link or barbed wire fencing is necessary for safety and security reasons. The appearance of security fencing shall be enhanced by landscaping along the fence line with evergreen and deciduous plant materials. • Berms, if used, shall be a minimum thirty-six (36) inches high in combination with plantings and no greater than one (1) foot vertical rise to a three (3) foot horizontal run ratio and shall appear as natural as possible. • All screening walls fifty (50) feet or greater in length that are visible shall be designed to minimize visual monotony through changes in height, material, texture and the use of plant materials. • Dense landscaping and structural materials shall be used to screen unattractive views of outdoor storage areas, trash enclosures and ground level mechanical and electrical equipment. PAGE 43 Utilities and Storage Utility facilities and areas may include electrical and gas distribution facilities, transformers, meters and air-conditioning units. Utilities may be located at ground level or rooftops. Storage areas may include trash collection locations (dumpsters), loading and unloading docks and bays, services bays and outdoor storage areas or storage facilities/buildings. Ideally all utilities and storage areas shall be located at the rear of buildings and visually hidden, residential uses, public streets and public view. • Private and public utilities shall be buried underground wherever possible. • Rooftop utilities shall be effectively hidden from the view of motorists, residents and pedestrians at street level. Rooftop screens shall be constructed from materials that are consistent in color and texture with the building's exterior design materials. • The use of natural plant materials, including trees, shrubs and perennials shall be encouraged to screen ground level utilities and outdoor storage buildings and areas as part of an overall site landscaping plan. . • High quality, decorative fencing and/or masonry materials shall be used to screen trash disposal and collection areas (dumpsters) and other outdoor storage areas from adjoining residential properties. Maintenance Continual maintenance and upkeep of buildings and grounds is necessary to realize the full potential and benefits of good site and building design. The selection of materials during site and building design must consider their maintenance requirements as perhaps one of the most important phases in the design process. • Materials shall be selected for their longevity, durability and ease of maintenance as well as their appearance. • Detailed site and building design shall consider and avoid design configurations and features that accumulate debris, leaves, trash, dirt and rubbish or otherwise may create long-term maintenance problems. • Building facades and landscaped grounds shall be maintained, repaired and replaced, if necessary, on a regular, year-round basis. Maintenance requirements shall include removal and replacement of dead or diseased plant materials on an annual basis. Public Spaces The provision of public spaces and open space areas becomes a more important social issue as land use density in developed areas increases. The need for public and open spaces are especially significant to the elderly and children since they often do not have either complete mobility or the ability to travel any length of time distance. Public spaces include parks, sidewalks, plazas, atriums, courtyards, terraces, parking areas, and public gardens. Design guidelines shall consider public areas that are not only available to the public, but that are safe, comfortable, and accessible to all citizens. Above all, public spaces must be useable since they contribute positively to an area by encouraging social interaction and promoting a sense of community. • Small parks, pocket parks, and plazas shall be an important consideration in overall building and site design as places for public gatherings and socializing, particularly at institutional sites such as municipal buildings, schools, libraries, meeting halls, etc. • The design of public use areas shall consider views, climate, protection from weather extremes, solar angles, shade and shadow effects, public safety and security: • In large-scale residential and non-residential development projects, open space and natural areas are encouraged through clustering and other land use techniques. Woodland, wetlands and areas of steep slope exceeding twelve (12) percent shall be preserved to the greatest extent practical and preserved as public open space. SECTION 3. This Local Law shall become effective upon filing with the New York Secretary of State as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF JULY 21, 2004 FILED WITH STATE EFFFECTIVE NOVEMBER 24, 2004 GENERAL ELECTION VOTER APPROVED NOVEMBER 2, 2004 PAGE 44 RESOLUTION #125 ADOPT LOCAL LAW NO. 1 OF 2004 AUTHORIZING GAMES OF CHANCE BY AUTHORIZED ORGANIZATIONS WITHIN THE TOWN OF CORTLANDVILLE EXCLUSIVE OF THE VILLAGE OF MCGRAW Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Games of Chance", and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Statutory Authori : Title This Local Law is adopted pursuant to the authority of article 9-A of the General Municipal Law of the State of New York and shall be known as the "Games of Chance Control Law of the Town of Cortlandville." Section 2. Definitions A. The words and terms used in this Local Law shall have the same meanings as such words and terms are used in article 9-A of the General Municipal Law, unless otherwise provided herein or unless the context requires a different meaning. B. As used in this Local Law, the following terms shall have the meanings indicated: 1. "The Chief Law Enforcement Officer of Cortland County" means the Sheriff of Cortland County. 2. "Town" means the Town of Cortlandville, exclusive of the Village of McGraw. Section 3. Games of Chance Authorized: Restrictions Pursuant to, and in accordance with, the provisions of section 188(1) of the General Municipal Law of the State of New York and other applicable provisions of law, it shall be lawful for any authorized organization, upon obtaining a license therefor (as provided in article 9-A of the General Municipal Law) to conduct games of chance within the territorial limits of the Town, as defined herein, subject to the provisions of this Local Law, the provisions of article 9- A of the General Municipal Law, and the rules and regulations set forth by the New York State Racing and Wagering Board. The conduct of games of chance shall be subject to the restrictions imposed by section 189 of the General Municipal Law. PAGE 45 Section 4. Sunday Games Games of chance may be commenced under any license issued pursuant to this Local Law on Sunday between the hours of noon and midnight only, except that the application for a license may request approval to conduct such games of chance beyond midnight if the following day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day, or New Year's Eve. Section 5. Control and Supervision The powers and duties set forth in subdivisions 1 and 2, section 194 of the General Municipal Law shall be exercised by the Chief Law Enforcement Officer of Cortland County. Section 6. When Effective In accordance with the provisions of section 188(2) of the General Municipal Law and section 23(1) of the Municipal Home Rule Law, this Local Law shall not become operative or effective unless and until it shall have been approved at the next general election held within the Town, by affirmative vote of a majority of the qualified electors of the Town voting upon the proposition, and when filed with the Secretary of State of the State of New York as required by law. 1 TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF JUNE 15, 2005 FILED WITH STATE EFFECTIVE JULY 11, 2005 RESOLUTION #127 ADOPT LOCAL LAW NO. 1 OF 2005, ZONING TEXT AMENDMENT — RESIDENTIAL BUILDING HEIGHT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED PAGE 46 WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Code of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 1 of 2005, entitled "Zoning Text Amendment - Residential Building Height," a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Bulk Regulations relating to residences in R-1 Zones are amended to provide that residential height shall be no more than 35 feet on parcels of one acre or less, and 40 feet on parcels greater than one acre. Height shall be measured in accordance with the provisions of this ordinance. Section 2. Section 178-54 (b)(3)(c) entitled Development Regulation is amended to read as follows: The total allowable density increase shall not exceed that permitted in the R-3 District by right. Residential building height shall be no more than 35 feet on parcels of one acre or less and 40 feet on parcels greater than one acre. Section 3. Any provision of any Local Law or Ordinance which is in conflict with the provisions hereof is hereby repealed. Section 4. This Local Law shall be effective as of the date of its filing with the Secretary of the State of New York as provided by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF MAY 18, 2005 FILED WITH STATE EFFECTIVE JULY 18, 2005 RESOLUTION #109 ADOPT LOCAL LAW OF 2005 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Thorpe Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Aye ADOPTED PAGE 47 WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law of 2005, amending the Zoning Ordinance and Map of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Section 178-2 (C) is amended by adding to said section the following definitions in their respective alphabetical order: Professional Offices — Those business offices which have as their principal uses services provided by professionals licensed by the State of New York and/or other unlicensed professionals including, but not limited to physicians, dentists, health care professionals, lawyers, architects, engineers, accountants and veterinarians. Business Establishments — Business uses such uses as real estate brokers and insurance agents that provide walk-in services for their clients, but that do not solely rely on walk-in customers. Personal Service Establishments — A business where professional or personal services are provided for gain and where the sale at retail of goods, wares, merchandise, articles or things is only accessory to the provisions of such services, including but without limiting the generality of the foregoing, the following: barber shops, beauty shops, tailor shops, laundry or dry-cleaning shops, shoe repair shops. Sales Establishments — A building where goods, wares, merchandise, substances, articles or things are offered or kept for sale, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things are, sufficient only to service such store. PAGE 48 Section 2. Section 178-3 Establishment of Districts is amended by deleting the following: E. Business District F. Industrial District G. Business Transition District Section 3. Section 178-3 is amended to include the following: E. Neighborhood Business B-1 District F. Highway Commercial Business B-2 District G. Planned Commercial Business B-3 District H. Light Industrial, Office, Business Park I-1 District I. General Industrial 1-2 District Section 4. Section 178-3 (G) is relettered and amended to read: J. Aquifer Protection District Section 5. Articles VII and VIII are deleted in their entirety and the following substituted therefor: Neighborhood Business B-1 District 178-28. Statement of intent. The purpose of this district is to provide areas located in the Town in or adjacent to residential neighborhoods, for various business uses which provide essential services, but that are limited in size and use to those that are compatible with nearby residential and similar small business uses. It is the specific intent of this district to prohibit uses which would be detrimental or incompatible with adjoining residential use, community aesthetics, aquifer protection and pedestrian activity. This district is intended as a compatible transition area between residential, commercial and industrial areas because of the generally low traffic volumes associated with permitted uses, and hours of operation which make them compatible as transitional uses. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-28.1. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-28.2. Permitted uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. Business: 1.) Multiple dwellings; up to four dwelling units in a single structure 2.) Professional offices 3.) Insurance offices or other similar business establishments 4.) Personal service establishments 5.) Hotels, motels, tourist homes and rooming houses with a 2-story maximum and not exceeding 15,000 square feet per story PAGE 49 B. At any time that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, in consultation with the Planning Board, may require the issuance of a conditional permit for any and all phases of the operation, which may become or have become detrimental to the neighborhood, and be corrected prior to such issuance of a conditional permit. 178-28.3. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Non-profit institutions, charities, cultural, recreational and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools E. Health, medical, dental and care services which operate during limited hours and that do not provide overnight care. 1.) Clinics 2.) Nursery or child day-care centers 3.) Mortuaries or funeral homes 178-28.4. Hours of Operation No business establishments in any B-1 district shall be open to the public except between the hours of 7:00 a.m. to 9:00 p.m. without prior Town Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-28.5. Dimensional Requirements A. Lot Area. Lot area shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located outside Wellhead Protection Zone la, in excess of three acres in area, shall provide 25% greenspace. (3) Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15%. C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. D. Floor Area. Any separate commercial, sales, service, professional or business use, owned or leased, shall not exceed (5,000) square feet in floor area unless otherwise noted herein. PAGE 50 178-28.6. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, community aesthetics and aquifer protection as determined by the Town Planning Board, is prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Highway Commercial Business B-2 District 178-29. Statement of intent. The purpose of this district is to provide areas in the Town for sales, service, and commercial business enterprises that primarily serve the motoring public and that are auto -oriented in size and use, and that are compatible with, but function independently from other adjacent and nearby non-residential uses on highways designed to handle large traffic volumes. It is the intent of this district to prohibit uses that would be detrimental to adjoining districts, community aesthetics, aquifer protection and an orderly flow of on -site and off -site vehicular traffic. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-29.1. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-29.2. Permitted uses subject to site plan approval. Permitted structures and uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 District except for single-family and two- family and their permitted accessory uses 2.) Sales Establishments 3.) Banks, savings and loans, and credit bureaus 4.) Indoor restaurants and taverns (including drive-in restaurants) 5.) Veterinary clinics, animal shelters, kennels and pet shops 6.) Indoor theaters 7.) Indoor commercial recreation facilities 8.) Automobile and vehicular sales, used vehicle sales permitted only in combination with new vehicle sales 9.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. B. Upon determination by the Town that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. PAGE 51 178-29.3. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities J. Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales 178-29.4. Hours of Operation No business establishments in any B-2 district shall be open to the public except between the hours of 6:00 a.m. to 12:00 a.m. (Midnight) without prior Town Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-29.5. Dimensional Requirements A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres in area, shall provide 25% greenspace. (3) Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15%. PAGE 52 C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. D. Floor Area. Any separate commercial, sales, service, professional or business use, owned or leased, shall not exceed (30,000) square feet in floor area. 178-29.6. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, adjacent districts, community aesthetics, and aquifer protection as determined by the Town Planning Board, is prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Planned Commercial Business B-3 District 178-30. Statement of intent. The purpose of this district is to provide areas in the Town for large-scale sales, service, and business enterprises, on highways designed to handle large volumes of traffic, for well -planned and well -designed commercial uses and parking areas which primarily serve the motoring public and which are generally compatible with each other and which are not detrimental to adjoining uses, community aesthetics, aquifer protection or the orderly flow of on -site and off -site pedestrian and vehicular traffic. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-30.1. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-30.2. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 and B-2 District, except for single-family and two-family and their permitted accessory uses. 2.) Shopping centers, provided that no gasoline service facility use shall be permitted except upon the issuance of a special permit 3.) Hotels and motels 4.) Uses accessory to the above which are an integral part of and used solely by the permitted uses and which are deemed appropriate by the Code Enforcement Officer. B. Upon determination by the Town that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. PAGE 53 178-30.3. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities J. Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales M. Transportation and utility uses: 1.) Bus terminals 2.) Railroad lines and terminals 3.) Truck Terminals 4.) Air landing fields 5.) Public utility substations 6.) Communication towers and antennae 7.) Storage warehouses N. Any combination of residential, sales establishment, commercial, warehouse and office uses. 178-30.4. Dimensional Requirements A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres in area, shall provide 25% greenspace. PAGE 54 (3) Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15%. C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. D. Floor Area. Any separate commercial, sales, service, professional or business use, owned or leased, shall not exceed (100,000) square feet in floor area without the issuance of a conditional permit. 178-30.5. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district as well as disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind is prohibited, except for equipment, products and materials incidental to business use and sales, provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Town Planning Board. Article IX Industrial District Shall be replaced by the following: Light Industrial, Office, Business Park I-1 District 178-31. Statement of intent. The purpose of this district is to provide areas in the Town for a mix of well -planned and well - designed light industrial and business park uses that are compatible with community aesthetics, aquifer protection as well as adjacent agricultural, residential, business and commercial uses. The purpose of this district is to permit the construction of research and development -oriented industries, high technology, and light manufacturing/assembly facilities, offices, and hotels. Light manufacturing/assembly uses to be encouraged are industrial processes which are normally conducted entirely within an enclosed building, and which do not emit any odor, noxious fumes or degraded air emissions, smoke, degraded water quality, noise, heat, vibration, glare or radiation that is detectable at the property line and that do not pose a significant public safety or health hazard or significant adverse effect to the natural environment. Areas proposed to be so zoned shall be served by sanitary sewers, adequate drainage control and/or storm sewers and public water. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-31.1. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Agriculture -related uses: 1.) Farm uses, including forestry, livestock areas, temporary roadside stands 178-31.2. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) Offices 2.) Warehouses and wholesale distribution centers 3.) Storage facilities 4.) Agriculture -related farm dwellings, barns and farm accessory buildings 5.) Light manufacturing, assembly or processing of, including, but not limited to: PAGE 55 a.) Electronic equipment b.) Precision instruments c.) Pharmaceutical supplies d.) Medical products 6.) Administrative or product development facilities, including, but not limited to training and technology centers 7.) Scientific research and testing laboratories 8.) Data processing, computer service centers B. Upon determination by the Town that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-31.3. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Business: 1.) Hotels and motels 2.) Sales Establishments 3.) Indoor and outdoor commercial recreation facilities (not golf courses) 4.) Other types of manufacturing, assembly, or processing that are not considered light by definition yet do not pose a significant adverse risk to water quality and quantity, emit any odors, noxious hones, or degraded air emissions, smoke, noise, heat, vibration, glare, or radiation that is detectable at the property line. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Cemeteries F. Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles, mobile homes 4.) Horticultural products, equipment and supplies G. Transportation and utility uses: 1.) Bus terminals 2.) Air landing fields 3.) Public utility substations and distribution facilities 4.) Communication towers and antennae 5.) Storage warehouses H. Any combination of light industrial, warehouse and office uses PAGE 56 178-31.4. Dimensional Requirements A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located outside Wellhead Protection Zone 1 a, in excess of three acres in area, shall provide 25% greenspace. (3) Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15%. C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. 178-31.5. Prohibited structures and uses. A. See Article XIV, Section 178-77 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is prohibited except for equipment, products and materials incidental to light manufacturing and assembly processes or business uses provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Town Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. General Industrial I-2 District 178-32. Statement of intent. The purpose of this district is to provide areas in the Town for general industrial use and manufacturing that is most compatible in scale and location with other nearby and adjacent transportation, commercial and industrial uses. General industrial uses are uses which may be wholly or partially located outside of an enclosed building, and which have the potential to emit odor, noxious fumes and degraded air emissions, noise, degraded water quality, heat, vibration, glare, or radiation which is detectable at the property line, or may involve materials which pose a significant public health hazard or significant adverse effect to the natural environment. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-32.1. Permitted structures and uses subject to site plan approval and conditional permit. Permitted uses subject to site plan approval and conditional permit shall be as follows: A. 1.) Except as hereafter provided, all those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under an I-1 District. 2.) Manufacture, assembly or processing of a type not permitted in the I-1 District 3.) Energy generation facilities and customary related uses, including but not limited to above ground high tension energy transmission lines, maintenance, storage or repair facilities 4.) Tool and die shops 5.) Lumber and building supply establishments 6.) Construction companies and construction equipment sales and service PAGE 57 7.) Sand and gravel mining 8.) Bulk storage, exclusive of fuel, explosives and chemical storage 9.) Freight and trucking terminals 10.) Sanitary waste management facilities B. Upon determination by the Town that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-32.2. Dimensional Requirements A. Lot Area. The minimum lot area shall be necessary to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located outside Wellhead Protection Zone la, in excess of three acres in area, shall provide 25% greenspace. (3) Lots or parcels having areas of three acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three acres or less in area to 15 %. C. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. 178-32.3. Prohibited structures and uses. A. See Article XIV, Section 178-77 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is not prohibited provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Town Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. Section 6. Article XVII is amended to add the following to Section 178-106: That existing non -conforming facilities with damage or destruction greater than 75% of the structure must make application to the Town to rebuild within six months and apply for a Building Permit within one year of the loss. Section 7. Article XVIII Section 178-113 is amended by adding the following to Table 2: 2. The maximum height permitted is: a. Freestanding sign: eight (8) feet Section 8. Section 178-75 is amended by the addition of the following: In granting a conditional use, the Planning Board shall make findings of fact consistent with the provisions of this Ordinance. The Planning Board shall not approve a conditional use except in conformance with the spirit, purposes, conditions and standards outlined in this Ordinance. In order to grant approval for a conditional permit, the applicant must prove that the location, structure, and/or use: PAGE 58 A. Is consistent with the general intent of the Town of Cortlandville's Land Use and Aquifer Protection Plan. B. Is in conformance with all applicable requirements of this Ordinance and all Town ordinances. C. Will not pose a significant threat to the quality and/or quantity of Cortlandville's sole source aquifer or its delineated Wellhead Protection Zones. D. Is in the best interests of the Town, the community, and the public welfare, and which shall not be a detriment to the properties in the immediate vicinity. E. Suitable for the property in question and designed to be constructed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity. F. Does not cause unsuitable effects on highway traffic and safety with adequate access to protect streets from undue congestion and hazard. Section 9. Section 178-76 is amended by the addition of the following: Industrial Uses. (1) Uses and/or activities such as but not limited to the storage of or use of chemicals of any form or quantity shall not pose a significant threat to the Town of Cortlandville's Sole Source Aquifer or its delineated Wellhead Protection Zones. (2) Sufficient open space will be provided to ensure the protection of community character, aesthetics, groundwater infiltration, and buffering. (3) Buildings shall be architecturally designed to enhance or be compatible with surrounding structures in the terms of form, function, and design. Structures will be consistent with the aesthetic general intent of the Town's current Master Plan. (4) Structures and uses will have adequate buffers to prevent negative impacts associated with noise, traffic, dust, fumes, smoke, odor, fire, glare, and/or flashing lights. (5) The use will not cause and/or be considered a nuisance to surrounding properties and (6) will not have a negative affect on surrounding property values. Will have adequate site access to protect streets from undue congestion and hazard and will not cause unsuitable effects on highway traffic and safety. (7) Will provide adequate space for parking and future development or expansion needs. Section 10. This Local Law shall take effect when filed with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF AUGUST 17, 2005 FILED WITH STATE EFFECTIVE AUGUST 31, 2005 PAGE 59 RESOLUTION # 159 ADOPT LOCAL LAW NO. 3 OF 2005 ESTABLISHING A NOISE CONTROL ORDINANCE WITHIN THE TOWN OF CORTLANDVILLE, EXCLUSIVE OF THE VILLAGE OF MCGRAW Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Councilman Rocco Aye Councilman O'Donnell Aye Councilman Tupper Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Noise Control," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 3 of 2005, entitled "Noise Control," a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Sections: 1. Title. 2. Declarations of findings and policies. 3. Definitions. 4. Enforcement responsibility. 5. Prohibited acts. 6. Exceptions and variances. 7. Enforcement. 8. 9. Other remedies. Severability. 10. Effective date. Section 1. Title. This ordinance may be cited as the "Noise Control Ordinance of the Town of Cortlandville." Section 2. Declarations of findings and policies. It is hereby found and declared that excessive sound is a serious hazard to the public health and welfare, safety and the quality of life in the Town of Cortlandville; and, PAGE 60 It is further found and declared that the people have a right to and should be insured an environment free from excessive sound that may jeopardize their health, welfare or safety, or degrade the quality of life; and, It is, therefore, hereby established as the policy of the Town of Cortlandville to prevent excessive sound which may jeopardize the health and welfare or safety of its citizens and degrade the quality of life. Section 3. Definitions. A. "dB(A)" The unit of measurement for sound approximating the auditory sensitivity of the human ear as measured with a sound level meter using the A -weighted network. B. "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action. C. "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. D. "Motor vehicle" means a vehicle listed as a motor vehicle as defined in the Vehicle and Traffic Law of the State of New York. E. "Motorcycle" means a vehicle listed as a motorcycle as defined in the Vehicle and Traffic Law of the State of New York. F. "Muffler or sound dissipative device" means a device for abating the sound of escaping gasses of an internal combustion engine. G. "Noise" means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. H. "Noise disturbance" means any sound which (1) endangers or injures the safety or health of humans or animals, or (2) annoys or disturbs a reasonable person of normal sensitivities, or (3) endangers or injures personal or real property. I. "Person" means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state. J. "Public right-of-way" means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity. K. "Public space" means any real property or structures thereon which are controlled or owned by a governmental entity. L. "Real property boundary" means an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. Section 4. Enforcement responsibility. The enforcement of this Noise Control Ordinance shall be accomplished by the Cortland County Sheriff. Section 5. Prohibited acts. Noise disturbances prohibited. A. General. 2 PAGE 61 1. No person shall unreasonably make, continue, permit, or cause to be made, continued or permitted, any noise disturbance. 2. No person shall make, continue, permit, or cause to be made, continued or permitted, any noise exceeding 65 dBA, as measured from the real property boundary of the premises which is the source of the noise ("generating property boundary") from the hours 11:00 p.m. to 7:00 a.m., and 80 dBA at all other times. Furthermore, no person shall make, continue, permit, or cause to be made, continued or permitted, any noise exceeding 55 dBA, as measured from the real property boundary of any premises used as a dwelling ("receiving property boundary"), from the hours 11:00 p.m. to 7:00 a.m. and 65 dBA at all other times. A violation of this ordinance shall occur if either of these standards is exceeded. B. Specific violations. As examples, and not in limitation of the general statement of this ordinance at "A" above, the following acts, and the causing thereof, are declared to be in violation of this ordinance, when such acts create a noise disturbance across a real property boundary. 1. Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound; 2. Animals. Owning, possessing or harboring any animal which frequently or for continued duration, makes a noise which creates a noise disturbance across a real property boundary; 3. Adequate mufflers or sound dissipative devices. a. No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other sound dissipative device in good working order and in constant operation; b. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle. 4. Motor vehicle horns and signaling devices. The sounding of any horn or other auditory signaling device on or in any motor vehicle on any public right-of-way or public space, except as a warning of danger or as provided in the Vehicle and Traffic Law of the State of New York. 5. Recreational motorized vehicles operating off public rights -of -way. Except as otherwise permitted below, no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner as to create a noise disturbance across a real property boundary or between the hours of 9:00 p.m. and 8:00 a.m. the following day. This Section shall apply to all recreational motorized vehicles whether or not duly licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, mini -bikes, and any other such type of vehicle with noise characteristics of or similar to any of the above. Section 6. Exceptions and variances. The provisions of this ordinance shall not apply to: A. The emission of sound for the purpose of alerting persons to the existence of an emergency; or B. The emission of sound in the performance of emergency work; or C. Public speaking and public assembly activities conducted on any public place or public right-of- way; or D. The emission of sound from agricultural equipment engaged in agricultural or related activities. PAGE 62 Section 7. Penalties. A. Any violation of the Noise Ordinance shall be deemed an offense and upon conviction shall be punishable by a fine of - I" offense — Not less than Fifty dollars ($50.00) and not more than One Hundred dollars ($100.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. 2nd offense within one year — Not less than One Hundred dollars ($100.00) and not more than Two Hundred Fifty dollars ($250.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. 3`d offense within one year and each subsequent offense within one year — Not less than Two Hundred and Fifty dollars ($250.00) and not more than Five Hundred dollars ($500.00), and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. B. Any person who willfully or knowingly violates any provision of this ordinance shall be fined for each offense a sum of not less than Two Hundred Fifty dollars ($250.00) and not more than Five Hundred dollars ($500.00) and imprisonment in the jail of Cortland County until said fine be paid, not exceeding one day for each dollar of fine imposed. C. Each day of violation of any provision of this ordinance shall constitute a separate offense. Section 8.Other remedies. No provision of this ordinance shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law. Section 9. Severability. If any provision of this ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. Section 10. Effective date. This local law shall become effective when filed with the Secretary of the State of New York as required by law. 2 TOWN OF CORTLANDVILLE PAGE 63 TOWN BOARD MEETING OF DECEMBER 7, 2005 FILED WITH THE STATE EFFECTIVE DECEMBER 19, 2005 RESOLUTION # ADOPT LOCAL LAW NO. 4 OF 2005 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON THE WEST SIDE OF NYS ROUTE 13 SUBMITTED BY N.C.W.P., LLC. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax map parcel #95.00-10-11.100 from its present I-2 General Industrial classification to a B-3 Planned Commercial Business classification, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2005, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated on the west side of NYS Route 13 in the Town of Cortlandville identified below is hereby zoned and designated as B-3 Planned Commercial Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner 95.00-10-11.100 West Side of NYS Route 13 N.C.W.P., LLC. Town of Cortlandville, New York Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 64 TOWN BOARD MEETING OF APRIL 19, 2006 FILED WITH THE STATE EFFECTIVE MAY 4, 2006 RESOLUTION # ADOPT LOCAL LAW NO. 1 OF 2006 REQUIRING ADVANCE NOTICE OF ALLEGED STRUCTURAL CONDITIONS IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law "Requiring Advance Notice of Alleged Structural Conditions in the Town of Cortlandville," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 1 of 2006, "Requiring Advance Notice of Alleged Structural Conditions in the Town of Cortlandville," a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section I Section 135-1 (Notification Required) of Chapter 135 of the codes of the Town of Cortlandville is repealed and the following adopted in its place and stead: The Town of Cortlandville shall not be liable for damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other town -owned property or structure being out of repair, unsafe, dangerous or obstructed by snow, ice, or otherwise or in any way or manner, including but not limited to protruding pipes, metal plates or covers or other objects, unless written notice of the defective, unsafe, dangerous, obstructed or concealed conditions of said street, highway, bridge, culvert, sidewalk, crosswalk, park, playground, stream, pond, lake, reservoir, building or other town -owned property or structure shall have been given to the Town of Cortlandville by delivery to the office of the Town Clerk or to the office of the Highway Superintendent at least 24 hours previous to said damage or injury. This section applies to claims of infants and all other persons. Any and all actions maintained for damages or injuries to person or property caused or sustained as aforesaid shall be commenced in accordance with the requirements of Sections 50-e and 50- I of the New York State General Municipal Law. SECTION II This Local Law shall become effective when filed with the Secretary of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF APRIL 19, 2006 FILED WITH THE STATE EFFECTIVE MAY 4, 2006 PAGE 65 RESOLUTION # ADOPT LOCAL LAW NO. 2 OF 2006 PERMITTING THE TOWN BOARD TO ESTABLISH USAGE FEES FOR TOWN PARKS BY RESOLUTION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law "Permitting the Town Board to Establish Usage Fees for Town Parks by Resolution," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 2 of 2006, "Permitting the Town Board to Establish Usage Fees for Town Parks by Resolution," a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section I Section of 115-2 of Chapter 115 of the Code of the Town of Cortlandville is herby amended as follows: C. The Town Board shall from time to time establish usage fees for park and recreational areas by resolution. Section II This Local Law shall become effective when filed with the Secretary of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 66 TOWN BOARD MEETING OF NOVEMBER 15, 2006 FILED WITH THE STATE EFFECTIVE DECEMBER 4, 2006 RESOLUTION # ADOPT LOCAL LAW NO. 3 OF 2006 — REVISION TO ARTICLE XVI OF THE TOWN CODE — STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Article XVI of the Code of the Town of Cortlandville — Stormwater Management and Erosion and Sediment Control, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby accepts said Local Law as Local Law No. 3 of 2006, amending the Article XVI of the Code of the Town of Cortlandville — Stormwater Management and Erosion and Sediment Control, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: 178-86. SHORT TITLE This article shall be known as the "Stormwater Ordinance." 178-87. FINDINGS The Town of Cortlandville finds that uncontrolled drainage and runoff associated with land development has a significant impact upon the health, safety, and welfare of the community. Specifically: A. Many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices. B. Impervious surfaces increase the volume and rate of stormwater runoff and allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow. C. Construction requiring land clearing and the alteration of natural topography tends to increase erosion leading to siltation of waterbodies decreasing their capacity to hold and transport water, damaging public and private property, and harming flora and fauna. D. Stormwater runoff can carry pollutants into receiving waterbodies, degrading the quality of groundwater and surface waters. E. Improperly managed stormwater runoff can increase the incidence of flooding and the level of floods which occur, endangering property and human life. PAGE 67 F. Improper design and construction of drainage facilities can increase the velocity of runoff thereby increasing streambank erosion and sedimentation. G. Improper design and construction of stormwater management facilities can significantly increase the pollutant load to streams and to groundwater, threatening fish and wildlife, as well as public water supplies. H. Substantial economic losses can result from these adverse impacts on community waters. 178-88. PURPOSES AND OBJECTIVES It is the purpose of this article to protect, maintain, and enhance both the immediate and the long- term health, safety, and general welfare of the citizens of Town of Cortlandville, by regulating site preparation and construction activities so as to manage stormwater runoff and prevent problems related to erosion, sedimentation, flooding or drainage. In relation to this purpose this article has the following objectives: A. Prevent increases in the magnitude and frequency of stormwater runoff to prevent an increase in flood flows and in the hazards and costs associated with flooding. B. Prevent any net increase in stormwater runoff between pre -development and post - development conditions. C. Prevent decreases in groundwater recharge and stream base flow to maintain aquatic life, assimilative capacity, and potential water supplies. D. Control erosion and sedimentation to prevent its deposition in streams, drainage facilities, and other receiving water bodies. E. Facilitate the removal of pollutants in stormwater runoff to maintain groundwater quality and to perpetuate the natural biological functions of streams. F. To the extent practical, secure multiple community benefits such as groundwater replenishment, open space protection and increased recreational opportunity through integrated land use and stormwater management planning. G. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01 or as amended or revised. 178-89. AUTHORITY In accordance with Article 9 of the Town Law, the Town of Cortlandville has the authority to enact ordinances for the purpose of promoting the health, safety or general welfare of the Town of Cortlandville, including protection of the property of its inhabitants. By the same authority, the Town of Cortlandville may include in any such ordinance provisions for the appointment of any municipal officer or employees to effectuate and administer such ordinance. No provision in this article shall supersede more stringent guidelines already in existence. 178-90. JURISDICTION AND APPLICABILITY A. Upon approval of this Article by the Town of Cortlandville, all site preparation and construction activities requiring approval under this Article shall be in conformance with the provisions set forth herein. B. It has been established that land clearing, land grading, earth moving, paving or development activities can have a significant effect on the environment, therefore, no person, corporation, organization, or public agency shall, on or after the effective date of the article: PAGE 68 (1) Initiate any land clearing, land grading, earth moving, paving, property subdivisions, or construction or development activities, where such activities otherwise require a special or conditional permit, or site plan review, without first preparing a Stormwater Pollution Prevention Plan (herein referred to as a SWPPP) and obtaining approval of said plan from the Town, or; (2) Initiate any land clearing, land grading, earth moving, paving, subdivisions, or construction or development activities, where such activities require a permit under the New York State Pollution Discharge Elimination System ("SPDES") General Permit for Construction Activities GP-02-01 or as amended or revised, without first preparing a SWPPP and obtaining approval of said plan from the Town, or; (3) Alter any drainage system without first preparing a SWPPP and obtaining approval of said plan from the Town. (4) Projects falling under Subsection C, the exemptions portion of this section, do not require a SWPPP, but every effort should be made to incorporate 'Best Management Practices" to reduce the negative impacts of erosion, sedimentation, and uncontrolled runoff. C. Exemptions. The following activities, as described below, are exempt from the SWPPP requirements: (1) Development projects or subdivisions which result in less than one acre of land disturbance, and which result in an increase in impervious surface less than 10,000 square feet, and which result in a total impervious surface less than 35% of the total post -development lot area. (2) Agricultural activities that are not part of a construction activity. (3) Subdivisions which result in the creation of less than four lots. D. All development projects that are required to prepare a SWPPP under this article must meet the Performance Standards for erosion and sediment control, as described under 178-91 (C) of this article. E. All development projects that are required to prepare a SWPPP under this article must meet the Performance Standards for water quality and water quantity management, as described under 178-91 (D) of this article, except: (1) agricultural activities that must prepare a SWPPP under this article do not have to meet the Performance Standards for water quality and water quantity management. (2) individual single-family homes do not have to meet the Performance Standards for water quality and water quantity management (3) residential subdivisions consisting of single family homes, where the overall plan of development will result in a total land disturbance of less than 5 acres, do not have to meet the Performance Standards for water quality and water quantity management. 178-91. PERFORMANCE STANDARDS A. SWPPPs shall be prepared in accordance with the minimum performance standards in order to achieve the purposes and objectives of this article. B. All SWPPPs shall comply with, or be consistent with: (1) Design Manual - The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) PAGE 69 (2) Erosion Control Manual - New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). C. Performance Standards for Erosion and Sediment Control An erosion and sediment control plan is a plan for controlling runoff and pollutants from a site during and after construction activities utilizing erosion and sediment controls. Erosion and sediment controls are temporary or permanent structural or nonstructural practices implemented during construction. The principle objectives are to reduce or eliminate erosion during construction, minimize water quality impacts to of surface waters or groundwater, control runoff during and after construction, and maintain stormwater controls during and/or after completing construction. (1) Sediment control practices and measures, where necessary, should be designed to protect the natural character of rivers, streams or other waterbodies on -site and minimize erosion and sedimentation off -site from the start of land disturbance activities to establishment of permanent stabilization. (2) Erosion and sediment control measures shall be constructed prior to beginning any other land disturbances. The devices shall be maintained and shall not be removed until the disturbed land areas are stabilized. (3) The smallest area of land practical, not exceeding two acres, shall be exposed by site preparation at any given time and that exposure will be kept to the shortest practical period of time. (4) Prior to, during, and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope instability, and adverse effects on neighboring property owners. (5) Sites should be seeded and mulched with erosion control materials such as straw mulch, jute mesh, or excelsior (wood shavings) within 3 days of final grading. If construction has been suspended, or sections completed, areas should be seeded immediately and stabilized with erosion control materials. Maintenance should be performed as necessary to ensure continued stabilization. D. Performance Standards for Water Quality and Water Quantity Management (1) The Performance Standards required for this Article shall be equivalent to the Unified Stormwater Sizing Criteria contained in Chapter 4 of the Design Manual, and the Performance Criteria for water quality treatment contained in Chapter 6 of the Design Manual. (2) Certain types of projects in environmentally sensitive areas, such as primary or principal aquifer protection areas may require a more stringent SWPPP. 178-92. CONTENTS OF THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) A. It is the responsibility of an applicant to prepare a SWPPP so that the Town can evaluate the environmental characteristics of the affected areas and evaluate the potential and predicted impacts of the proposed activity on the community's surface and groundwater, existing and proposed infrastructure, neighboring properties, and the effectiveness and acceptability of those measures proposed by the applicant for reducing or mitigating adverse impacts. B. The SWPPP shall be consistent with the purposes and objectives of this article. C. The exact requirements of the SWPPP will depend upon the location, size, and scope of the proposed project. The SWPPP developed will be reviewed for attenuation of peak discharge, total runoff reduction, erosion/sediment control, and water quality protection. PAGE 70 D. Preparation of the S WPPP shall follow guidance provided by NYS DEC, such as the Instruction Manual for Stormwater Construction Permit, (NYS DEC, July 2004), most current version or its successor. E. Content of Erosion and Sediment Control Plans Erosion and Sediment Control Plans required under 178-90(D) of this article are equivalent to "Basic" SWPPPs defined by NYSDEC, and must, at a minimum, include the following: (1) background information about the scope of the project, including the location, type and size of project. (2) a site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; onsite and adjacent off - site surface water(s), wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off -site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s). (3) a description of the soil(s) present at the site. (4) a construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Guidelines for Urban Erosion and Sediment Control, there shall not be more than five (5) acres of disturbed soil at any one time without prior written approval from the Department. (5) a description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in the storm water discharges. (6) a description of construction and waste materials expected to be stored on -site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to storm water, and spill prevention and response. (7) a description of the temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out. (8) a site map/construction drawing(s) showing the specific location(s), size(s), and length(s) of each erosion and sediment control practice. (9) the dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basin. (10) identification of temporary practices that will be converted to permanent control measures. (11) an implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and the duration that each practice should remain in place. (12) a maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practices. (13) the names(s) of the receiving water(s). (14) a delineation of implementation responsibilities for each part of the site. (15) a description of structural practices to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. PAGE 71 (16) any existing data that describes the stormwater runoff characteristics at the site. F. Content of Water Quality and Water Quantity Management Plans Water Quality and Water Quantity Management Plans required under 178-90(E) of this article are equivalent to "Full" SWPPPs defined by NYSDEC, and must, at a minimum, include the following: (1) all the information required for Erosion and Sediment Control Plans, as described in Subsection E (1 —16) of this section. (2) a description of each post -construction stormwater control practice. (3) a site map/construction drawing(s) showing the specific location(s) and size(s) of each post -construction stormwater control practice. (4) a hydrologic and hydraulic analysis for all structural components of the stormwater control system for the applicable design storms. (5) a comparison of post -development stormwater runoff conditions with pre -development conditions. (6) the dimensions, material specifications and installation details for each post -construction stormwater control practice. (7) a maintenance plan and schedule to ensure continuous and effective operation of each post -construction stormwater control practice. G. The Town Planning Board may require additional public safety measures and controls in the design and maintenance of stormwater management facilities or erosion and sediment control practices. H. Additional information or data may be required by the town as deemed appropriate. I. The town may require that plans and design reports be sealed by a licensed professional engineer indicating that the plans have been designed in accordance with this Stormwater Management and Erosion and Sediment Control Article and the regulations, standards and criteria set forth herein. J. Fees shall be charged for the review of SWPPPs beyond those fees applicable to any other approvals to which a development project may be subject. Inspection fees shall be applicable when a project commences. K. Applicable fees shall be determined by the Town Board. 178-93. PLAN APPLICATION AND REVIEW PROCESS A. The SWPPP shall be submitted to the Cortlandville Planning Board at least ten working days prior to the date of any regularly scheduled Planning Board meeting at which the plan may be considered. The Plan shall be submitted with a SWPPP checklist form completed by the submitter to certify the completeness of the plan. Incomplete plans will not be considered at the Planning Board meeting. A copy of an updated SWPPP checklist form can be acquired from the Cortlandville Town Clerk B. The town may require review of and comments on the Plan by outside consultants or qualified professionals. C. The town will review the Plan as submitted and, because it is a preliminary action and not final, town action shall be given as preliminary or conceptual approval, with modification, or disapproval. If preliminary approval, or approval with modification is given, submission of a final application shall be required wherein requested modifications shall be satisfied and final approval may be given. PAGE 72 D. The Town Planning Board shall act to approve or disapprove the SWPPP within the time frames set forth for the other approvals to which the development project is subject under its jurisdiction, or within sixty (60) days of the date upon which the Plan is determined to be in compliance with this Article. E. No SWPPP shall be approved without certification by the owner or developer, that all work will be accomplished pursuant to the plan, and of the right of the town and/or consultants to the town to conduct on -site inspections before, during and at the conclusion of construction activities. 178-94. CONSTRUCTION INSPECTION A. The Town may conduct such inspections as necessary to determine compliance with this law. The Town may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the approved SWPPP. B. Inspections may be performed by the Town Code Enforcement Officer, outside consultants under contract with the Town, and/or other qualified professionals under agreement with the Town to perform such inspections. C. At a minimum, the applicant shall notify the Town or designated inspector at least 48 hours before any of the following occurs: (1) Installation of sediment and erosion control measures (2) Completion of site clearing, and rough grading (3) Completion of final grading (4) Backfilling of any underground drainage or stormwater structure or conveyance (5) Close of the construction season (6) Completion of final landscaping D. The Town may require other inspections, in addition to those identified under Subsection C of this section, for specific land development projects. In such cases, the Town shall provide the developer with a list and schedule for required inspections. E. If any violations are found during an inspection, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Town. F. The Town may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction. G. The applicant shall certify to the Town by the submission of "as -built" plans that the construction of stormwater management facilities and structures conform to the approved SWPPP. H. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. PAGE 73 I. Submission of Reports The Town, or its agent, may require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. J. Right -of -Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and a public storm water system, the landowner shall grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection H of the section. 178-95. MAINTENENANCE AND REPAIR OF STORMWATER FACILITIES A. Maintenance During Construction (1) The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50) percent. (2) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed as required under GP-02-01. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall operate and maintain said practices to achieve the goals of this law. Proper operation and maintenance also includes as a minimum, the following: (1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. (2) Written procedures for operation and maintenance and training new maintenance personnel. is D. Maintenance Agreements (1) The Town of Cortlandville shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Cortlandville, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. PAGE 74 (2) The Town of Cortlandville shall determine whether stormwater management facilities are to be maintained by the developer/owner, a homeowner's association, or by the Town. (a) The developer or owner shall be responsible for maintenance of stormwater facilities for commercial and industrial developments unless a determination is made otherwise by the Town Board. (b) If maintenance is to be performed by a homeowner's association, the homeowner's association must be registered pursuant to Section 352-E of the New York State General Business Law. (c) If maintenance is to be performed by the developer or property owner or homeowner's association, a maintenance plan containing a maintenance schedule shall be prepared by the developer, owner and/or homeowner's association for approval by the Town [see 178-92 (F) (7)]. Reports on maintenance activities, including any water quality data, as scheduled in the maintenance plan shall be submitted to the town within thirty (30) days of completion of the activity. The Town may request the services of an outside consultant, expert or specialist to review the report. (d) Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the Town shall give the owner or homeowner's association written notice of the nature of the existing defects. If the owner or homeowner's association fails within thirty (30) days from the date of notice to commence corrective action or to appeal the matter to the Town, the town may take necessary corrective action, the cost of which shall be borne by the owner or developer pursuant to Section Thirteen of this Article or by the homeowner's association. In the event that the homeowner's association fails to pay for required corrective action, the Town shall have a lien placed on the real property of members of the homeowner's association until payment is made. 3) Stormwater management facilities may be dedicated to the Town of Cortlandville for purposes of maintenance by mutual consent and agreement of the developer/owner and the Town. 178-96. REGIONAL STORMWATER MANAGEMENT FACILITIES The Town of Cortlandville may allow residential stormwater runoff to be discharged into stormwater management facilities off the site of development to a regional stormwater management facility, if all of the following conditions are met: A. The regional drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this article. B. Adverse environmental impacts on the site of development will be minimized. (1) All plans must be consistent with downstream stormwater management facilities. If the plan cannot be consistent, then adequate provisions must be made for the sharing of construction and operating costs of regional facilities. The developer may be required to pay a portion of the cost of constructing the facilities as a condition to receiving approval of the S WPPP. (2) Use' of regional off -site stormwater management facilities does not eliminate the requirement that the first flush be captured and treated on -site pursuant to the Performance Standards if water quality is a concern. (3) A request to use regional stormwater management facilities and all information related to the proposed regional off -site facilities shall be made a part of the SWPPP. (4) The potential groundwater impairments from stormwater runoff shall not impact public or private water supply wells. PAGE 75 178-97. PERFORMANCE BOND A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town in its approval of the SWPPP, the Town may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town as the beneficiary. The security shall be in an amount to be determined by the Town based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one year inspection has been conducted and the facilities have been found to be acceptable to the Town. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. 178-98. ENFORCEMENT; PENALTIES A. Nuisance. Any development activity that is commenced without prior approval of a SWPPP or is conducted contrary to an approved SWPPP as required by this article, may be restrained by injunction or otherwise abated in a manner provided by law. B. Civil and Criminal Penalties. In addition to or as an alternative to any penalty provided herein or law, any person who violates the provisions of this Article shall be punished by a fine of not less than $100 nor more than $1,000 per offense or by imprisonment for a period not to exceed 60 days, or by both such fine and imprisonment. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. C. Any violator may be required to restore land to mitigate the disturbance, in a manner similar to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. D. Notice of Violation. When the Town of Cortlandville determines that development activity is not being carried out in accordance with the requirements of this Article, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain: (1) the name and address of the owner or applicant. (2) the street address when available or a description of the building, structure, or land upon which the violation is occurring. (3) a statement specifying the nature of the violation. (4) a description of the remedial actions necessary to bring the development activity into compliance with this article and a time schedule for completion of such remedial action. (5) a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed. PAGE 76 (6) a statement that the determination of violation may be appealed to the Town of Cortlandville by filing a written notice of appeal within twenty (20) days of service of notice of violation. E. The notice of violation shall be served upon the person(s) to whom it is directed either personally, in a manner provided for personal services of notices by the court of local jurisdiction, or by mailing a copy of the notice of the violation by certified mail, postage prepaid, return receipt requested to such person at his or her last know address. F. A notice of violation issued pursuant to this section constitutes a determination from which an administrative appeal may be taken to the Town of Cortlandville. 178-99. APPEALS Any person aggrieved by the action of any official charged with the enforcement of this Article, as the result of the disapproval of a SWPPP, issuance of a written notice of violation, or an alleged failure to properly enforce the Article in regard to a specific application, shall have the right to appeal the action to the Town of Cortlandville. The appeal shall be filed in writing within 20 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under (state/local code provision). 178-100. VARIANCE The Town of Cortlandville may grant a written variance during the review process, from any requirement of this Article using the following criteria: A. There are special circumstances applicable to the subject property or its intended use; and B. The granting of the variance will not result in: (1) an increase or decrease in the rate or volume of surface water runoff; (2) an adverse impact on a wetland, water course or waterbody; (3) degradation of surface and groundwater water quality; or (4) any impairment to achieving the objectives of this article. i 1 TOWN OF CORTLANDVILLE PAGE 77 TOWN BOARD MEETING — DECEMBER 19, 2007 FILED WITH THE STATE EFFECTIVE JANUARY 11, 2008 RESOLUTION # ADOPT LOCAL LAW NO. 1 OF 2007 PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2007, providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville, in the County of Cortland, as follows: SECTION 1. PURPOSE AND INTENT This local law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Cortlandville. This local law is adopted pursuant to section 10 of the Municipal Home Rule Law. Except as otherwise provided in the Uniform Code, other state law, or other section of this local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this local law. SECTION 2. DEFINITIONS In this local law: "Building Permit" shall mean a permit issued pursuant to section 4 of this local law. The term "Building Permit" shall also include a Building Permit which is renewed, amended or extended pursuant to any provision of this local law. "Certificate of Occupancy" or "Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of section 7 of this local law. "Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law. "Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors. PAGE 78 "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to subdivision (a) of section 15 of this local law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 3 of this local law. "Operating Permit" shall mean a permit issued pursuant to section 10 of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description. "Stop Work Order" shall mean an order issued pursuant to section 6 of this local law. "Temporary Certificate" shall mean a certificate issued pursuant to subdivision (d) of section 7 of this local law. "Town" shall mean the Town of Cortlandville. "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. SECTION 3. CODE ENFORCEMENT OFFICER AND INSPECTORS (a) The office of Code Enforcement Officer is hereby created. The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Temporary Certificates and Operating Permits, and the plans, specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this local law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to subdivision (a) of section 15 (Violations) of this local law; (7) to maintain records; (8) to collect fees as set by the Town Board of the Town of Cortlandville; PAGE 79 (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with the Town attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law. (b) The Code Enforcement Officer shall be appointed by the Town Board of the Town of Cortlandville. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. (c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board of the Town of Cortlandville to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law. (d) One or more Inspectors may be appointed by the Town Board of the Town of Cortlandville to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. (e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of the Town of Cortlandville. SECTION 4. BUILDING PERMITS (a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer. (b) Exemptions. No Building Permit shall be required for work in any of the following categories: (1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet; (2) installation of swings and other playground equipment associated with a one - or two-family dwelling or multiple single-family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; (4) installation of fences which are not part of an enclosure surrounding a swimming pool; PAGE 80 (5) construction of retaining walls unless such walls support a surcharge or impound Class I, lI or IIIA liquids; (6) construction of temporary motion picture, television and theater stage sets and scenery; (7) installation of window awnings supported by an exterior wall of a one- or two- family dwelling or multiple single-family dwellings (townhouses); (8) installation of partitions or movable cases less than 5'-9" in height; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time. (c) Exemption not deemed authorization to perform non -compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code. (d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the proposed work; (2) the tax map number and the street address of the premises where the work is to be performed; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and (5) at least 2 sets of construction documents (drawings and/or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. PAGE 81 (e) Construction documents. Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in paragraph (5) of subdivision (d) of this section. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. (f) Issuance of Building Permits. An application for a Building Permit shall be examined to ascertain whether the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. The Code Enforcement Officer shall issue a Building Permit if the proposed work is in compliance with the applicable requirements of the Uniform Code and Energy Code. (g) Building Permits to be displace. Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. (h) Work to be in accordance with construction documents. All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. (i) Time limits. Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this subdivision may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. 0) Revocation or suspension of Building Permits. If the Code Enforcement Officer determines a Building Permit was issued in error because of incorrect, inaccurate or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code. (k) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit. SECTION 5. CONSTRUCTION INSPECTIONS (a) Work to remain accessible and exposed. Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer. The Permit Holder shall notify the Code Enforcement Officer when any element of work described in subdivision (b) of this section is ready for inspection. (b) Elements of work to be inspected. The following elements of the construction process shall be inspected where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; PAGE 82 (4) framing; (5) building systems, including underground and rough -in; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy Code compliance; and (10) a final inspection after all work authorized by the Building Permit has been completed. (c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time of each inspection performed pursuant to this section. SECTION 6. STOP WORK ORDERS (a) Authority to issue. The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this section. The Code Enforcement Officer shall issue a Stop Work Order to halt: (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work, or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. (b) Content of Stop Work Orders. Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. (c) Service of Stop Work Orders. The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property, (and if the owner is not the Permit Holder, on the Permit Holder) personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. PAGE 83 (d) Effect of Stop Work Order. Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder and any other Person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. (e) Remedy not exclusive. The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in subdivision (a) of this section, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under section 15 (Violations) of this local law or under any other applicable local law or State law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. SECTION 7. CERTIFICATES OF OCCUPANCY OR CERTIFICATES OF COMPLIANCE (a) Certificates of Occupancy or Certificates of Compliance required. A Certificate of Occupancy or Certificate of Compliance shall be required for any work which is the subject of a Building Permit and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. Permission to use or occupy a building or structure, or portion thereof, for which a Building Permit was previously issued shall be granted only by issuance of a Certificate of Occupancy or Certificate of Compliance. (b) Issuance of Certificates of Occupancy or Certificates of Compliance. The Code Enforcement Officer shall issue a Certificate of Occupancy or Certificate of Compliance if the work which was the subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of a Certificate of Occupancy or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy or Certificate of Compliance, shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy or Certificate of Compliance: (1) a written statement of structural observations and/or a final report of special inspections, and (2) flood hazard certifications. (c) Contents of Certificates of Occupancy or Certificates of Compliance. A Certificate of Occupancy or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which the Certificate of Occupancy or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; PAGE 84 (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy or Certificate of Compliance and the date of issuance. (d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke -detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 3 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code. (e) Revocation or suspension of certificates. If the Code Enforcement Officer determines that a Certificate of Occupancy or Certificate of Compliance or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. (f) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time of submission of an application for a Certificate of Occupancy or Certificate of Compliance or for Temporary Certificate. SECTION 8. NOTIFICATION REGARDING FIRE OR EXPLOSION The chief of any fire department providing fire fighting services for a property within the Town shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. SECTION 9. UNSAFE BUILDING AND STRUCTURES Unsafe structures and equipment in the Town shall be identified and addressed in accordance with the procedures established and set forth in Appendix A of this local law. SECTION 10. OPERATING PERMITS (a) Operation Permits required. Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR section 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and PAGE 85 (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by resolution adopted by the Town Board of the Town of Cortlandville. Any person who proposes to undertake any activity or to operate any type of building listed in this subdivision (a) shall be required to obtain an Operating Permit prior to commencing such activity or operation. (b) Applications for Operating Permits. An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. (c) Inspections. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. (d) Multiple Activities. In any circumstance in which more than one activity listed in subdivision (a) of this section is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. ALTERNATIVE 1: (e) Duration of Operating Permits. Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer. ALTERNATIVE 2: (e) Duration of Operating Permits. Operating Permits shall remain in effect until reissued, renewed, revoked, or suspended. (f) Revocation or suspension of Operating Permits. If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. (g) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. SECTION 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS (a) Inspections required. Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every twelve (12) months. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every twelve (12) months. PAGE 86 (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this subdivision, and all non-residential buildings, structures, uses and occupancies not included in paragraphs (1) or (2) of this subdivision, shall be performed at least once every 24 months. (b) Inspections permitted. In addition to the inspections required by subdivision (a) of this section, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; (2) receipt by the Code Enforcement Officer of a written and signed statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. (c) OFPC Inspections. Nothing in this section or in any other provision of this local law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ("OFPC") and the New York State Fire Administrator under Executive Law section 156-e and Education Law section 807-b. (d) Fee. The fee specified in or determined in accordance with the provisions set forth in section 16 (Fees) of this local law must be paid prior to or at the time each inspection performed pursuant to this section. This subdivision shall not apply to inspections performed by OFPC. SECTION 12. COMPLAINTS The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this local law, or any other local law or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in section 15 (Violations) of this local law; (c) if appropriate, issuing a Stop Work Order; (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. SECTION 13. RECORD KEEPING (a) The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: PAGE 87 (1) all applications received, reviewed and approved or denied; (2) all plans, specifications and construction documents approved; (3) all Building Permits, Certificates of Occupancy or Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all other features and activities specified in or contemplated by sections 4 through 12, inclusive, of this local law, including; and (9) all fees charged and collected. (b) All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. SECTION 14. PROGRAM REVIEW AND REPORTING (a) The Code Enforcement Officer shall annually submit to the Town Board of the Town of Cortlandville a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in section 13 (Record Keeping) of this local law and a report and summary of all appeals or litigation pending or concluded. (b) The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code. (c) The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials the Town is required to maintain, excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code. SECTION 15. VIOLATIONS (a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. PAGE 88 (b) Appearance Tickets. The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code. (c) Civil Penalties. In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law, shall be liable to a civil penalty of not more than $200 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 Town. (d) Injunctive Relief. An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of the Uniform Code, the Energy Code, this local law, or any term or condition of any Building Permit, Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this local law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this local law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this local law, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure or an abatement of the condition in violation of such provisions. No action or proceeding described in this subdivision shall be commenced without the appropriate authorization from the Town Board of the Town of Cortlandville. (e) Remedies Not Exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section 6 (Stop Work Orders) of this local law, in any other section of this local law, or in any other applicable law. In particular, but not by way of limitation, each remedy and penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the penalties specified in subdivision (2) of section 382 of the Executive Law, and any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in subdivision (2) of section 382 of the Executive Law. SECTION 16. FEES A fee schedule shall be established by resolution of the Town Board of the Town of Cortlandville. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy or Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local law. SECTION 17. INTERMUNICIPAL AGREEMENTS The Town Board of the Town of Cortlandville may, by resolution, authorize the Supervisor of the Town to enter into an agreement, in the name of the Town, with other governments to carry out the terms of this local law, provided that such agreement does not violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the NYCRR, or any other applicable law. PAGE 89 SECTION 18. PARTIAL INVALIDITY If any section of this local law shall be held unconstitutional, invalid, or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder of this local law. SECTION 19. EFFECTIVE DATE This local law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. BUILDINGS, UNSAFE Appendix A I. Designation of unsafe buildings. All buildings or structures which have any or all of the following defects shall be deemed unsafe buildings. A. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. B. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting member or members or fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or coverings. C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. D. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety and the general health and welfare of the occupants or the people of the Town of Cortlandville. E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease or so as to work injury to the health, safety or general welfare of those living therein. F. Those having light, air and sanitation facilities, which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein. G. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of escape. H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this Town. J. Those buildings existing in violation of any provision of the Town Zoning Code and any other applicable laws or codes. II. Standards for repair, vacation or demolition. The following standards shall be followed in substance by the Code Enforcement Officer and the Town Board in ordering repair, vacation or demolition: A. If the unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired. PAGE 90 B. If the unsafe building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated. C. If any case where an unsafe building is so damaged or decayed or deteriorated from its original value or structure so that it cannot be economically restored, it shall be demolished, and in all cases where a building can not be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. In all cases where an unsafe building is a fire hazard or erected in violation of the terms of this Article or any other provisions of this chapter or the laws of the State of New York, it shall be demolished. III. Declaration of nuisances. All unsafe buildings within the terms of §I of this chapter are hereby declared to be public nuisances and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided. IV. Duties of Code Enforcement Officer. The Code Enforcement Officer shall: A. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this chapter and report his findings at least annually to the Town Board or more frequently as requested by the Board or the Supervisor. B. Inspect any building, wall or structure reported (as hereinafter provided for) by fire or police agencies as probably existing in violation of the terms of this chapter. C. Notify personally or in writing the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, or by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standard set forth in §I of this chapter: (1) The owner must vacate or repair or demolish said building in accordance with the terms of the notice and this chapter. (2) The occupant or lessee must vacate said building or may have it repaired in accordance with the notice and remain in possession. (3) Any mortgagee, agent or other persons having an interest in said building may, at his own risk, repair, vacate or demolish said building or have such work or act done, provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein. D. Set forth in the notice provided for in Subsection C hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure an unsafe building and an order requiring the same to be put in such condition as to comply with the terms of this chapter within such length of time, not exceeding thirty (30) days, as is reasonable. E. Report to the Town Board any noncompliance with the notice provided for in Subsections C and D hereof. F. Appear at all hearings conducted by the Town Board and testify as to the condition of unsafe buildings. G. Place a notice on all unsafe buildings reading as follows: PAGE 91 "This building has been found to be an unsafe building by this Code Enforcement Officer. This notice is to remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given to the owner, or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees, or other person having vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found to be an unsafe building within the standards set forth in §I of this chapter. It is unlawful to remove this notice until such notice is complied with." V. Duties of the Town Board. The Town Board shall: A. Written notice to owner or lessees. Upon receipt of a report of the Code Enforcement Officer as provided for herein, give written notice to the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, by registered mail, addressed to the last known address, if any, of the owner or some one of the owner's executors, legal representatives, agents, lessees or other person having a vested or contingent interest in the same, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, of any building found by him to be an unsafe building within the standards set forth in §I of this chapter, to appear before them on the date specified in the notice to show cause why the building or structure reported to be an unsafe building should not be repaired, vacated or demolished in accordance with the statement of particulars set forth in the Code Enforcement Officer's notice provided for herein. B. Hold hearings. Hold a hearing and hear such testimony relative to the unsafe building as the Code Enforcement Officer or the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment may give. C. Written findings of fact. Make written findings of fact from the testimony offered pursuant to Subsection B as to whether or not the building in question is an unsafe building within the terms of §I hereof. D. Issue orders based on findings of fact. Issue an order based upon findings of fact made pursuant to Subsection C commanding the owner or some one of the owner's executors, legal representatives, agents, lessees or any other person having a vested or contingent interest in the property, as shown by the records of the Assessor or in the Cortland County Office of Real Property Tax and Assessment, to repair, vacate or demolish any building found to be an unsafe building within the terms of this chapter, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said unsafe building, or any person not the owner of said unsafe building but having an interest in said building may demolish said unsafe building, at his own risk, to prevent the acquiring of a lien against the land upon which the said unsafe building stands by the Town as provided in Subsection E hereof. F. Report names not complying to Town Attorney. Report to the Town Attorney the names of all persons not complying with the order provided for in Subsection D of this section. VI. Emergency cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unsafe building as defined herein is immediately repaired, vacated or demolished, the Code Enforcement Officer shall report such facts to the Town Board, and the Board shall cause the immediate repair, vacation or demolition of such unsafe building. The costs of such emergency repair, vacation or demolition of such unsafe building shall be collected in the same manner as provided in Subsection E of §5. PAGE 92 VII. Absentee owners. In cases, except emergency cases, where the owner, occupant or lessee is absent from the town, all notices or orders provided for herein shall be sent, by registered mail, to the party in interest as described in §IV(C), to the last known address of such party in interest, and a copy of such notice shall be posted in a conspicuous place on the unsafe building to which it relates. Such mailing and posting shall be deemed adequate service. VIII. Administrative liability. No officer, agent or employee of the Town of Cortlandville shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Town Attorney until the final determination of the proceeding therein. IX. Duties of firemen. The Fire Chief or his/her assistant of the Town Fire Department may make a report, in writing, to the Code Enforcement Officer of any building or structures which are, may be or are suspected to be unsafe buildings within the terms of this chapter. X. Duties of town departments. Any employee of any Town Department or any law enforcement official may make a report, in writing, to the Code Enforcement Officer of any buildings or structures which are or may be deemed to be unsafe buildings within the terms of this chapter. Such reports must be delivered to the Code Enforcement Officer within twenty-four (24) hours of the discovery of such building. A. Any person entitled to service (notice) under §4(C) may appeal from any notice and order or any action of the Code Enforcement Officer by filing at the office of the Code Enforcement Officer, within thirty (30) days from the date of service of such order, a written, dated appeal, in duplicate, containing: (1) A brief statement setting forth the legal interest of each of the appellants in the building or land involved in the notice and order. (2) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant. (3) A statement of relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or set aside. (4) The signature of all parties named as appellants, and their official mailing addresses. (5) The verification of at least one (1) appellant as to the truth of the matters stated in the appeal. B. Upon receipt at his or her office of the appeal filed pursuant to this section, the Code Enforcement Officer shall cause one (1) copy to be stamped to show date of receipt and shall immediately forward that copy, together with a copy of the notice and order appealed from, to the Town Clerk, who shall file the appeal as a part of the records of the Town and shall present it at the next regular or special meeting of the Town Board. C. After receiving the written appeal, the Supervisor thereof shall set a date for hearing of the appeal by the Town Board, which date shall be not less than ten (10) days no more than sixty (60) days from the date the appeal was filed with the Code Enforcement Officer. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the Town Clerk; copies of the notice shall also be delivered to the Building Inspector and the Town Attorney. PAGE 93 D. The Town Board shall hold a hearing, at which time the Code Enforcement Officer may then present evidence in support of the notice and order and in rebuttal of appellant's case, after which the appellant may submit evidence in rebuttal of any evidence presented by the Code Enforcement Officer. E. At the conclusion of the hearing, the Town Board shall consider the evidence presented and shall make written findings of fact, based upon the evidence, to support its decision. Written findings and decision shall be rendered by the Town Board within ten (10) days from the date the hearing is concluded, and copies thereof shall be delivered to each appellant and the Code Enforcement Officer. The decision of the Town Board shall be final. F. If the original survey is sustained, in whole or in part, the Code Enforcement Officer shall also include an order directing the owner to proceed in accordance therewith and shall further specify that, unless the work is commenced with ten (10) days after service and completed within six (6) months thereafter, which the Code Enforcement Officer shall designate, the penalties hereinafter shall be invoked. XII. Penalties for offenses. A. Violation of any of the provisions of this chapter is hereby declared to be a violation pursuant to the Penal Law. B. For every violation of any provision of this chapter, the person violating the same shall be subject to a fine of not more than two hundred fifty dollars ($250.00) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment, as provided in the Penal Law. Every week the violation shall continue to constitute a new and separate offense. 1 1 TOWN OF CORTLANDVILLE PAGE 94 TOWN BOARD MEETING — JANUARY 16, 2008 FILED WITH THE STATE EFFECTIVE JANUARY 28, 2008 RESOLUTION #23 ADOPT LOCAL LAW NO. 1 OF 2008 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Proud Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville, and WHEREAS, notice of ,said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2008, amending the Zoning Ordinance and Map of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Chapter 178 Zoning Article I Title; Definitions Section 178-2 Definitions and word usage, subsection C shall be amended by adding the following in appropriate alphabetical order: PROFESSIONAL OFFICES - Those business offices which have as their principal uses services provided by professionals licensed by the State of New York and/or other unlicensed professionals including, but not limited to physicians, dentists, health care professionals, lawyers, architects, engineers, accountants and veterinarians. BUSINESS ESTABLISHMENTS - Business uses such uses as real estate brokers and insurance agents that provide walk-in services for their clients, but that do not solely rely on walk-in customers. PERSONAL SERVICE ESTABLISHMENTS - A business where professional or personal services are provided for gain and where the sale at retail of goods, wares, merchandise, articles or things is only accessory to the provisions of such services, including but without limiting the generality of the foregoing, the following: barber shops, beauty shops, tailor shops, laundry or dry-cleaning shops, shoe repair shops. PAGE 95 SALES ESTABLISHMENTS - A building articles or things are offered or kept for sale, goods, wares, merchandise, substances, article s LOT COVERAGE PERCENTAGE - The sum of all buildings, parking areas, access driveways and driving aisles divided by the total lot area. ADVERSE IMPACT - A negative impact to land or waters resulting from a construction or development activity. The negative impact includes increased risk of flooding, degradation of water quality, sedimentation, reduced groundwater recharge, impacts on aquatic organisms or other resources, or threats to public health. AS -BUILT PLANS - A set of engineering or site drawings that delineate the specific permitted stormwater management facility as actually constructed. CATCH BASIN (DRAIN INLET) - A structure which allows the entry of surface runoff into a storm sewer by connection to the storm sewer. CONSTRUCTION ACTIVITY - Land development, site preparation, building erection or the installation of infrastructure and improvements. DETENTION - The temporary storage of stormwater runoff. DETENTION STRUCTURE - A permanent stormwater management structure whose primary purpose is to temporarily store stormwater runoff. A detention structure may be dry during nonstorm events or may have a permanent pool of water. DEVELOPER - A person, corporation, organization or agency undertaking activities covered by these regulations, or for whose benefit activities covered by these regulations are commenced and/or carried out. DEVELOPMENT - To make a site or area available for use by physical alteration. Development includes but is not limited to providing access to a site, clearing of vegetation, grading, earth moving, paving, providing utilities and other services such as parking facilities, stormwater management and erosion control systems and sewage disposal system, altering landforms or construction of a structure on the land. DIVERSION - Channel constructed across a slope for the purpose of intercepting surface runoff; also, changing the accustomed course of all or part of a stream. DRAINAGE - The gravitational movement of water by surface runoff or subsurface flow; also, the removal of excess surface water or groundwater from land by means of surface or subsurface drains. DRAINAGE AREA - The land area contributing surface runoff or subsurface water flows to a single point. DRY WELL - A small infiltration trench to which inflow is conducted via pipe. It is commonly covered with soil and used for drainage areas of less than one acre such as roadside inlets and rooftop runoff. EROSION - The removal of soil particles by the action of water, wind, ice or other geological agents. EXCAVATION - Any activity which removes or significantly disturbs rock, gravel, sand, soil or other natural deposits. FILLING - Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses. FIRST FLUSH - The delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants. The first flush is defined as the runoff generated from the first 1/2 inch of runoff from the entire site from land which has been made less pervious than the pre -development conditions through land grading and/or construction/development activities. PAGE 96 FOREBAY - An extra storage area or treatment area, such as a sediment pond or created wetland, near an inlet of a stormwater management facility to trap incoming sediments or take up nutrients before they reach a retention or detention pond. GRADING - Alteration of the surface or subsurface conditions of land or water bodies by excavating, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof. IMPERVIOUS SURFACE AREA - Impermeable surfaces, such as pavement or rooftops, which prevent the percolation of water into the soil. INFILTRATION - The passage or movement of water through the soil profile. INFILTRATION PRACTICE - The infiltration of runoff on -site by the use of vegetative depressions and buffer areas, pervious surfaces, drywells, basins and trenches, permitting immediate recharge into groundwater. LAND DISTURBING ACTIVITY - A land change or construction activity for residential, commercial, silviculture, industrial and institutional land use which may result in soil erosion from water or land, or may result in the movement of sediments or pollutants, or may result in accelerated stormwater runoff, including site preparation activities, stripping, land clearing, grading, excavation, filling, earth moving activities, paving and construction of building or structures. MULCH - A layer of plant residue or other material applied to the land surface for the purpose of controlling erosion. ON -SITE STORMWATER MANAGEMENT - The design and construction of stormwater management practices that are required for a specific land disturbing activity, on the site where the land disturbing activity occurs. PAVEMENT - Materials which form a firm or solid surface for the purpose of vehicular or pedestrian travel or parking; including concrete, asphalt, gravel, stone, brick, or a combination thereof. PEAK FLOW - The maximum rate of flow of water at a given point and time resulting from a storm event. PEAK FLOW ATTENUATION - The reduction of the peak discharge of storm runoff by storage and gradual release of that storage. PLAN - The Stormwater Pollution Prevention Plan for a given project. PONDING - The incidental accumulation of surface runoff water on the land surface in an area not designed as part of a stormwater management system as a detention, retention or infiltration area. REGIONAL STORMWATER MANAGEMENT - The design and construction of regional stormwater management facilities that are necessary to control stormwater discharge from more than one land disturbing activity. RETENTION - A practice designed to store stormwater runoff by collection as a permanent pool of water without release except by means of evaporation, infiltration or attenuated release when runoff volumes exceeds the storage capacity of the pool. RIPRAP - A combination of large stone, cobbles and boulders used to line channels, stabilize stream banks, and reduce runoff velocities. RISER - A vertical pipe that is used to control the discharge rate from a pond for a specified design storm. RUNOFF - That portion of the precipitation on -site that is discharged from the site across the surface of land, pavement or rooftops. SEDIMENT - Solid material, both mineral and organic, that is in suspension, is being transported, has been deposited, or has been removed from its site of origin by erosion. ' 'Wei MIA SEDIMENTATION - The action or process of forming or depositing sediment. SEQR - The NewYork State Environmental Quality Review Act and regulations. SITE PREPARATION — The activities of stripping, excavating, filling and grading, no matter what the purpose of these activities. STABILIZATION - The prevention of soil erosion by surface runoff or wind through the establishment of a soil cover through the use of vegetative or structural means. STABILIZED CONSTRUCTION ENTRANCE - A stabilized pad of stone aggregate underlain with filter cloth located at any point where traffic will be entering or leaving a construction or development site to or from a public right-of-way, street, alley, sidewalk or parking area. STREAM CORRIDOR - The landscape features on both sides of a stream, including soils, slope and vegetation, whose alteration can directly impact the stream's physical characteristics and biological properties. STRIPPING - Any activity which removes or significantly disturbs trees, brush, grass, or any other kind of vegetation. STORM SEWER (STORM DRAIN) - A conduit which carries stormwater and drainage to a point of discharge to a watercourse or water body. STORMWATER - The discharge of water from the surface of land resulting from precipitation or snow or ice melt; including surface runoff, groundwater flows, percolation and seepage. STORMWATER POLLUTION PREVENTION PLAN - A site -specific detailed design for the control of soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from any land disturbing activity. STORMWATER MANAGEMENT - For water quantity control, a system of vegetative, structural and other means that control the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and, for water quality control, a system of vegetative structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land. SUB WATERSHED - A contributing drainage area within a watershed. SWALE - A natural depression or wide shallow ditch used to route or filter runoff. VARIANCE - The modification of the minimum stormwater management and erosion control requirements for specific circumstances such that strict adherence of the requirements would result in unnecessary hardship and not fulfill the intent of this article. VEGETATIVE FILTER STRIP - An area of grasses or other permanent vegetation used to retard the flow of runoff water, causing deposition of transported materials, thereby reducing sediment flow. WAIVER - The relinquishment from stormwater management and erosion control requirements for a specific development on a case -by -case review basis. WATERCOURSE - Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drainageway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and any area adjacent thereto subject to inundation by reason of overflow, flood or stormwater. WATER QUALITY - Those characteristics of stormwater runoff from a land disturbing activity that relate to the chemical, physical, biological or radiological integrity of water. WATER QUANTITY - Those characteristics of stormwater runoff that relate to the rate and volume of delivery of the stormwater runoff to downstream areas resulting from land disturbing activities. WATERSHED - A region or area contributing stormwater ultimately to a particular watercourse or body of water. PAGE 98 Article I -A General Provisions The three (3) Wellhead Protection Zones, referred to as Zone la, Zone lb, and Zone 2 are based upon the Draft Delineation of Wellhead Protection Areas Town of Cortlandville and City of Cortland New York - May 2002 prepared by the Cortland County Soil and Water Conservation District. The Wellhead Protection Zones are described as: Zone la. Zone la is based on a potential 2-year travel time for a pollutant. (It takes groundwater located within Zone 1 a two years or less to reach the wells.) Zone la represents the zone that possesses the most immediate threat to the public health, safety, and general welfare if the area were it to become contaminated with pollutants. Zone lb. Zone lb is based on a potential 5-year travel time for a pollutant. (It takes groundwater five years or less to reach the wells.) Zone 2. Zone 2 includes those land areas within the Town of Cortlandville that are a potential source of water to the wells. Zone 2 includes land over the aquifer and land from upland areas that provide recharge to the aquifer. The following provisions are applicable to the B-1, B-2, B-3, I-1 and I-2 Zoning Districts created and defined herein. A. Lot Coverage. Lot coverage shall comply with the more restrictive of the Town's bulk regulations, wellhead protection zones or as otherwise required by the Town Planning Board as well as other Town requirements. Structures, parking areas and roadways shall not occupy more than the maximum lot coverage indicated by the following: (1) Lots or parcels located in Wellhead Protection Zone la as defined on the zoning map shall provide 50% greenspace. (2) Lots or parcels located in Wellhead Protection Zone lb as defined on the zoning map shall provide 30% greenspace. (3) Lots or parcels located outside of Wellhead Protection Zone la and lb as defined on the zoning map shall provide 25% greenspace. (4) Lots or parcels having areas of three (3) acres or less, regardless of location, shall provide 20% greenspace. Notwithstanding the foregoing, the Planning Board may, by Special Permit, reduce the required greenspace in lots or parcels having three (3) acres or less in area to 15%. (5) Any parcel of three acres or less created by subdivision or other method after the effective date of the Ordinance shall not exceed 70% lot coverage in Zones la and lb and 75% lot coverage in Zone 2 and outside Wellhead Zones. (6) Agricultural uses, single family and two family residential uses and accessory residential uses shall be exempt from the lot coverage provisions of this Article. (7) Developed properties or sites in existence on the effective date of this Ordinance that change ownership with no change in the size of an existing building, structure, parking lot and/or driveway shall be exempt from the lot coverage provisions of this Article. (8) For any properties that do not presently conform to lot coverage required by this ordinance any change in the size of an existing building, structure, parking lot and/or driveway that is 500 square feet or more shall result in a reduction of the amount of the parcel's impervious surface by five percent. This requirement will apply to subsequent alterations of 500 square feet or more to an existing building, structure, parking lot and/or driveway until the site's impervious surface was reduced to meet the parcel's overall lot coverage requirement. B. Setbacks. All setbacks shall comply with the Town's bulk regulations or as otherwise required by the Town Planning Board as well as other Town requirements. C. Depth of lots or parcels shall be no more than three times the average width and that lots incorporating septic systems and private wells shall comply with all rules and regulations administered by the Cortland County Health Department, and shall not be less than 2.4 acres in area. Article III Zoning Districts PAGE 99 Section 178-3. Establishment of districts is amended by deleting the following: E. Business District F. Industrial District G. Business Transition District Section 171-3 is amended to include the following: E. Neighborhood Business B-1 District F. Highway Commercial Business B-2 District G. Planned Commercial Business B-3 District H. Light Industrial, Office, Business Park I-1 District I. General Industrial I-2 District Section 178-3 (G) is relettered: J. Aquifer Protection District Article VII Business District and Article VIII Business Transition District Shall be replaced by the following: Neighborhood Business B-1 District 178-1. Statement of intent. The purpose of this district is to provide areas located in the Town and in or adjacent to residential neighborhoods, for various business uses which provide essential services, but that are limited in size and use to those that are compatible with nearby residential and similar small business uses. It is the specific intent of this district to prohibit uses which would be detrimental to or incompatible with adjoining residential use, community aesthetics, aquifer protection and pedestrian activity. This district is intended as a compatible transition area between residential, commercial and industrial areas because of the generally low traffic volumes associated with permitted uses, and hours of operation which make them compatible as transitional uses. In addition to the requirements of this Article compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. Business: 1.) Multiple dwellings; up to four dwelling units in a single structure 2.) Professional offices 3.) Insurance offices or other similar business establishments 4.) Personal service establishments 5.) Hotels, motels, tourist homes and rooming houses with a 2-story maximum and not exceeding 15,000 square feet per story B. At any time that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, the applicant, after consultation with the Planning Board, may be required to obtain a conditional permit for any and all phases of the operation, which may become or have become detrimental to the neighborhood, and be corrected prior to such issuance of a conditional permit. 178-4. Uses subject to conditional permit Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Non-profit institutions, charities, cultural, recreational and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools E. Health, medical, dental and care services which operate during limited hours and that do not provide overnight care. 1.) Clinics 2.) Nursery or child day-care centers 3.) Mortuaries or funeral homes 178-5. Hours of Operation No business establishments in any B-1 district shall be open to the public except between the hours of 7:00 a.m. to 9:00 p.m. without prior Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-6. Dimensional Requirements A. Lot Area. Lot area shall comply with the Town's bulk regulations or as otherwise required by the Planning Board as well as other Town requirements. B. Floor Area. Any separate commercial, retail, professional or business use, owned or leased, shall not exceed five thousand (5,000) square feet in floor area without first obtaining a Conditional Permit unless otherwise noted herein. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, community aesthetics and aquifer protection as determined by the Planning Board, is prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Highway Commercial Business B-2 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for retail sales and commercial business enterprises that primarily serve the motoring public and that are auto -oriented in size PAGE 101 and use, and that are compatible with, but function independently from other adjacent and nearby non-residential uses on highways designed to handle large traffic volumes. It is the intent of this district to prohibit uses that would be detrimental to adjoining districts community aesthetics, aquifer protection and an orderly flow of on -site and off -site vehicular traffic. In addition to the requirements of this Article, compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted uses subject to site plan approval. Permitted structures and uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 District except for single-family and two-family and their permitted accessory uses 2.) Retail stores and sales 3.) Bakeries, laundromats, dry cleaning pick-up establishments, drug stores and pharmacies 4.) Banks, savings and loans, and credit bureaus 5.) Indoor and drive-thru restaurants and taverns 6.) Veterinary clinics, animal shelters, kennels and pet shops 7.) Indoor theaters 8.) Indoor commercial recreation facilities 9.) Automobile and vehicular sales, used vehicle sales permitted only in combination with new vehicle sales 10.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries PAGE 102 D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales 178-5. Hours of Operation No business establishments in any B-2 district shall be open to the public except between the hours of 6:00 a.m. to 12:00 a.m. (midnight) without prior Planning Board approval and the Planning Board may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-6. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Floor Area. Any separate commercial, retail, professional or business use, owned or leased, shall not exceed thirty thousand (30,000) square feet in floor area without first obtaining a Conditional Permit unless otherwise noted herein. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district that is detrimental to nearby residential uses, adjacent districts, community aesthetics, and aquifer protection as determined by the Planning Board, is prohibited as well as the outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind. Planned Commercial Business B-3 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for large-scale retail sales and business enterprises, on highways designed to handle large volumes of traffic, for well- planned and well -designed commercial uses and parking areas which primarily serve the motoring public and which are generally compatible with each other and which are not detrimental to adjoining PAGE 103 uses, community aesthetics, aquifer protection or the orderly flow of on -site and off site pedestrian and vehicular traffic. In addition to the requirements of this Article, compliance with the applicable provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Residential: 1.) Single-family dwelling. 2.) Two-family dwelling. 3.) Customary uses accessory to the above, as defined in this chapter, which are an integral part of and used solely for the permitted use and deemed appropriate by the Code Enforcement Officer. 178-3. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) All those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under a B-1 and B-2 District, except for single-family and two-family residences and their permitted accessory uses. 2.) Shopping centers, provided that no gasoline service facility use shall be permitted except upon the issuance of a special permit 3.) Hotels and motels 4.) Uses accessory to the above which are an integral part of and used solely by the permitted uses and which are deemed appropriate by the Code Enforcement Officer. B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Residential: 1.) Multiple -family dwelling with over four dwelling units. B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf, golf courses and driving ranges 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers PAGE 104 4.) Nursing homes 5.) Mortuaries and funeral homes 6.) Cemeteries F. Commercial garages and automotive repair shops G. Car wash operations H. Outdoor and drive-in restaurants I. Motor vehicle leasing facilities J. Outdoor sales of: 1.) Boats 2.) House trailers 3.) Recreational vehicles 4.) Horticultural products and supplies K. Animal hospitals L. Used car sales M. Transportation and utility uses: 1.) Bus terminals 2.) Railroad lines and terminals 3.) Truck terminals 4.) Airplane landing fields 5.) Public utility substations 6.) Communication towers and antennae 7.) Storage warehouses N. Any combination of residential, sales establishment, commercial, warehouse and office uses. 178-5. Hours of Operation No business establishments in any B-3 district shall be open to the public except between the hours of 6:00 a.m. to 12:00 a.m. (midnight) without prior Planning Board approval that may modify hours of operation with the granting of a conditional use permit based upon the intensity of the use and potential impact on neighboring areas. 178-6. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. B. Floor Area. Any separate commercial, retail, professional or business use, owned or leased, shall not exceed one hundred thousand (100,000) square feet in floor area without first obtaining a Conditional Permit. 178-7. Prohibited Use A. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district as well as disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, and junk of any kind is prohibited, except for equipment, products and materials incidental to business use and sales, provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Planning Board. Article IX Industrial District Shall be replaced by the following: Fight Industrial, Office, Business Park I-1 District PAGE 105 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for a mix of well -planned and well - designed light industrial and business park uses that are compatible with community aesthetics, aquifer protection as well as adjacent agricultural, residential, business and commercial uses. The purpose of this district is to permit the construction of research and development -oriented industries, high technology, and light manufacturing/assembly facilities, offices, and hotels. Light manufacturing/assembly uses to be encouraged are industrial processes which are normally conducted entirely within an enclosed building, and which do not emit any odor, noxious fumes or degraded air emissions, smoke, degraded water quality, noise, heat, vibration, glare or radiation that is detectable at the property line and that do not pose a significant public safety or health hazard or significant adverse effect to the natural environment. Areas proposed to be so zoned shall be served by sanitary sewers, adequate drainage control and/or storm sewers and public water. In addition to the requirements of this Article, compliance provisions of Article X Aquifer Protection District is required. 178-2. Permitted structures and uses. Permitted structures and uses shall be as follows: A. Agriculture -related uses: 1.) Farm uses, including forestry, livestock areas, temporary roadside stands 178-3. Permitted structures and uses subject to site plan approval. Permitted uses subject to site plan approval shall be as follows: A. 1.) Offices 2.) Warehouses and wholesale distribution centers 3.) Storage facilities 4.) Agriculture -related farm dwellings, barns and farm accessory buildings 5.) Light manufacturing, assembly or processing of, including, but not limited to: a.) Electronic equipment b.) Precision instruments c.) Pharmaceutical supplies d.) Medical products 6.) Administrative or product development facilities, including, but not limited to training and technology centers 7.) Scientific research and testing laboratories 8.) Data processing, computer service centers B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-4. Uses subject to conditional permit. Uses subject to conditional permit shall be as follows: A. Business: 1.) Hotels and motels 2.) Retail sales 3.) Indoor and outdoor commercial recreation facilities, except golf courses 4.) Other types of manufacturing, assembly, or processing that are not considered light by definition yet do not pose a significant adverse risk to water quality, emit any odors, noxious fumes, or degraded air emissions, smoke, noise, heat, vibration, glare, or radiation that is detectable at the property line. PAGE 106 B. Religious institutions: 1.) Churches, chapels, temples, synagogues and related uses. C. Educational institutions: 1.) Schools, public and private; all age groups 2.) Libraries D. Recreational facilities and social activities: 1.) Public and private clubs 2.) Parks and playgrounds 3.) Public swimming pools 4.) Miniature golf 5.) Campgrounds, public and commercial 6.) Outdoor amusement centers, outdoor theaters and drive-in theaters E. Health, medical, and care services: 1.) Hospitals 2.) Clinics 3.) Child day-care centers 4.) Nursing homes 5.) Cemeteries F. Outdoor sales of 1.) Boats 2.) House trailers 3.) Recreational vehicles, mobile homes 4.) Horticultural products, equipment and supplies G. Transportation and utility uses: 1.) Bus terminals 2.) Air landing fields 3.) Public utility substations and distribution facilities 4.) Communication towers and antennae 5.) Storage warehouses H. Any combination of light industrial, warehouse and office uses 178-5. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. 178-6. Prohibited structures and uses. A. See Article XIV, Section 178-77 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is prohibited except for equipment, products and materials incidental to light manufacturing and assembly processes or business uses provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Town Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. General Industrial I-2 District 178-1. Statement of intent. The purpose of this district is to provide areas in the Town for general industrial use and manufacturing that is most compatible in scale and location with other nearby and adjacent transportation, commercial and industrial uses. General industrial uses are those which may be wholly or partially located outside of an enclosed building, and which have the potential to emit PAGE 107 odor, noxious fumes and degraded air emissions, noise, degraded water quality, heat, vibration, glare, or radiation which is detectable at the property line, or may involve materials which pose a significant public health hazard or significant adverse effect to the natural environment. In addition to the requirements of this Article compliance with the applicable provisions of Article X.Aquifer Protection District is required. 178-2. Permitted structures and uses subject to site plan approval and conditional permit. Permitted uses subject to site plan approval and conditional permit shall be as follows: A. 1.) Except as hereafter provided, all those permitted structures and uses, and those permitted uses subject to site plan approval, allowed under an I-1 District. 2.) Manufacture, assembly or processing of a type not permitted in the I-1 District 3.) Energy generation facilities and customary related uses, including but not limited to above ground high tension energy transmission lines, maintenance, storage or repair facilities 4.) Tool and die shops 5.) Lumber and building supply establishments 6.) Construction companies and construction equipment sales and service 7.) Sand and gravel mining 8.) Bulk storage, exclusive of fuel, explosives and chemical storage 9.) Freight and trucking terminals 10.) Sanitary waste management facilities B. Upon determination by the Code Enforcement Officer that a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or product, or involves a new operator, an application for a conditional permit must be made to the Planning Board. Prior to authorizing issuance of the conditional permit, the Planning Board may require the correction of any and all phases of the operation, which may become or have become detrimental to the neighborhood. 178-3. Dimensional Requirements A. Lot Area. The minimum lot area shall be appropriate to accommodate the necessary structures and comply with this ordinance, as well as other Town requirements. 178-4. Prohibited structures and uses. A. See Article XIV, Section 178-77 B. Outside Storage. The outside storage of any equipment, products, raw materials, waste or similar materials in this district is not prohibited provided that such equipment, products, and materials are not detrimental to nearby residential uses, adjacent districts, community aesthetics or aquifer protection as determined by the Planning Board. The outside storage of disabled vehicles, parts thereof, vehicles not qualifying for a New York State automobile inspection sticker, wrecked vehicles and parts thereof, is prohibited unless necessary to operation of such businesses. Junk storage of any kind is prohibited. Article XVII Nonconforming Buildings, Structures and Uses Section 178-106 Restoration of damaged nonconforming structure or use. The following statement is proposed to be amended to read: That existing non -conforming facilities with damage or destruction greater than 75% of the structure must make application to the Town to rebuild within six months and apply for a Building Permit within one year of the loss. PAGE 108 Article XVIII Signs Section 178-113 Regulations for permitted signs. The following statement is to be added under Table 2 NOTES: replacing 25 feet with 8 feet. 2. The maximum height permitted is: a. Freestanding sign: eight (8) feet Section 8. Section 178-75 is amended by the addition of the following: In granting a conditional use, the Planning Board shall make findings of fact consistent with the provisions of this Ordinance. The Planning Board shall not approve a conditional use except in conformity with the spirit, purposes, conditions and standards outlined in this Ordinance. In order to obtain the Planning Board's approval of a conditional permit, the applicant must prove that the location, structure, and/or use: A. Is consistent with the general intent of the Town of Cortlandville's Land Use and Aquifer Protection Plan. B. Is in conformity with all applicable requirements of this Ordinance and all Town ordinances. C. Will not pose a significant threat to the quality and/or quantity of Cortlandville's sole source aquifer or its delineated Wellhead Protection Zones. D. Is in the best interests of the Town, the community, and the public welfare, and which shall not be a detriment to the properties in the immediate vicinity. E. Suitable for the property in question and designed to be constructed, operated, and maintained so as to be in harmony with and appropriate in appearance with the existing or intended character of the general vicinity. F. Does not cause unsuitable effects on highway traffic and safety with adequate access to protect streets from undue congestion and hazard. Section 9. Section 178-76 is amended by the addition of the following: Industrial Uses. (1) Uses and/or activities such as but not limited to the storage of or use of chemicals of any form or quantity shall not pose a significant threat to the Town of Cortlandville's Sole Source Aquifer or its delineated Wellhead Protection Zones. (2) Sufficient open space will be provided to ensure the protection of community character, aesthetics, groundwater infiltration, and buffering. (3) Buildings shall be architecturally designed to enhance or be compatible with surrounding structures in the terms of form, function, and design. Structures will be consistent with the aesthetic general intent of the Town's current Master Plan. (4) Structures and uses will have adequate buffers to prevent negative impacts associated with noise, traffic, dust, fumes, smoke, odor, fire, glare, and/or flashing lights. (5) The use will not cause and/or be considered a nuisance to surrounding properties and will not have a negative effect on surrounding property values. (6) Will have adequate site access to protect streets from undue congestion and hazard and will not cause unsuitable effects on highway traffic and safety. (7) Will provide adequate space for parking and future development or expansion needs. Section 10. This Local Law shall take effect when filed with the Secretary of State of the State of New York as required by law. PAGE 109 ZONING .178 Attncllmer)t 5 town of Cortland0ile Business District Bulk Regulations' Rlinhnurn 511ximltm Lot [,at Front Side Yard Rear flat Parking; use SGo Width Yard I Sid. 'Total Yard Coverage H.ighlr Requirements' I. Permitted uses: a. Residential (nil) 6,000 SF 80 F 35 F. 8 F 20 F 4017 25 % None As required by Planning Board +1,000/DU +10/ DU 2. Pcrmillcd uses subject to site plan approval a. Residential I AC 200 F 5o F 10 F 30 F 40 F 25% None As required by Planning Board 1. Multiple family dwelling up to 4 DU As required by planning Board b. Business As required by Plnnning Board 3. Uses subject to conditional permit' n. Residential nndlipic DU's over 4 As required by Planning hoard ❑l b. Religious institutions I AC 100 1' 35 F 8 F ' 20 F 40 1' # None As required by c. Business N As required by Planning Board y� planning Board d. Educational institutions 5 AC 300 F 75 F 50 1' 100 F 50 F O None As required by 2 planning Board c, Recreational and social activities I AC 100 F 35 F 8 F 20 F 40 1' None As required by Q1 planning Board f. ilcallh, medical and taro facilities I AC 10017 35 F 8 F 20 F 40 F (1) None As required by planting Board g. Transportation and utility uses As required by plannin • Board NOTES: SF = Square Foel AC = Acres F = Feet % Percent DU - Dwelling Unit ' Hcigbt limitations of Cortland County Airport supersede listed maxinnams; sec § 178-100. Required parking areas rnuy not infringe on any required yard but shall be excluded from computation of lol coverage 4. In reviewing applications for approval of conditional permit, the Planning Board, in determining whether the applicable criteria have been satisfied, shall consider each application on its own merits, considering the facts and circumstances of each application. Except for lot coverage requirements, these figures are provided as guidelines only for the assistance of individual applicants, and are not to be considered a statement of either minimum or maximum requirements. 5. , Unless otherwise stated, lot coverage shall comply with requirements set forth in Article 2, General Provisions of this Zoning Ordinance. 178 Attachment 5:1 ZONING 178 A11achinent 6 Town of Corllandville Industrial District l2ullf Regulations' A11111ulunn Maximum Lot Lol Front Side Yard Rear Lot [larking Use Size Width yard 1 Side Total Yard Coverage licight''' Requirements' 1. Permitted uses: a. Agricultural None None 50 F 12 F 32 F 401 SW,6 None As required by Planning Board 2. I'cnnilled uses subject to silo plan approval a. Agricultural As required by Planning Board b. Additions to industrial facilities None None 50 F 12 F 32 F 40 1' Noire As required by Planning Board c. Religious institutions I AC 1110 F 50 F 12 F 32 F 40 F None As required by Planning Board 3. Uses subject to conditional permila a. Business (As required) 100 F 50 F 12 F 32 F 40 F # None As required by Planning Board b. Educational 3 AC 200 F 50 F 12 F 32 F 40 F Nona As required by O Manning Board c. Recreational and social nctivi(ics I AC t00 F 501' '12 F 32 F 40 F 2 None As required by Planning Board d. Hcallh rclnled 1 AC 101) F 50 1; 12 17 32 F 41) F U None As required by . W planning Board .. Trnnspnrt.licn and utility As required by planning Board f, hudustrinl None None 50 F 1217 32 F 40 F Nonc As required by SF = Square Feet = Pcrccnl AC = Acres F = Fect x licight limilnlions of Cortland County Airporl supersede listed maximums; sec § 178-100, ' No stmchue shall intersect it plane at a furty-five-degree angle inclining, in from any pruperly line or righl-of-way. 4. In reviewing applications for approval of conditional permit, the Planning Board, in determining whether the applicable criteria have been satisfied, shall consider each application on its own merits, considering the facts and circumstances of each application. Except for lot coverage requirements, these figures are provided as guidelines only for the assistance of individual applicants, and are not to be considered a statement of either minimum or maximum requirements. 5. Unless otherwise stated, lot coverage shall comply with requirements set forth in Article 2, General Provisions of this Zoning Ordinance. 178 Attachment 6:1 TOWN OF CORTLANDVILLE TOWN BOARD MEETING — APRIL 2, 2008 FILED WITH THE STATE EFFECTIVE APRIL 23, 2008 PAGE 110 RESOLUTION #79 ADOPT LOCAL LAW NO. 2 OF 2008 AMENDING ARTICLE XI PLANNED UNIT DEVELOPMENT OF THE ZONING LAW OF THE TOWN CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman O'Donnell Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Article XI Planned Unit Development of the Zoning Law of the Town of Cortlandville, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2008, amending Article XI Planned Unit Development of the Zoning Law of the Town of Cortlandville, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 178-52 A is amended to read as follows: A. General. To provide a degree of flexibility in land use and to encourage imagination and innovation in planned developments. Planned unit development must be consistent with the intent of this chapter, the Town of Cortlandville Development Plan, the Route 281/13 Corridor Land Use and Aquifer Protection Plan, Town Design Guidelines and other design and development policies of the Town. After having met the requirements of this article, approved planned unit development will be permitted uses. This article necessarily combines subdivision and zoning regulations. Section 178-52 is amended to add the following: E. Mixed -use planned development. To provide for coordinated and complementary mixed -use forms of development that may include residential, public uses, open space, office, light industrial and commercial uses or any combination thereof. The variety of land uses available in this district allows flexibility to respond to changing market demands and tenant/owner needs by providing for well -planned and functionally integrated land uses designed to promote efficient use of the land, infrastructure and open space. Section 178-53 is amended to add the following: D. Mixed -use PUD shall be permitted in agricultural, business and industrial districts and any area of the Town where the applicant can demonstrate or the Town Board, on its own initiative or upon the recommendation of the Planning Board, determines that the characteristics of the proposed site will meet the requirements of this article. PAGE Ill Sections 178-54 A (1)(6)(7)(B)(C)(D) are amended to read as follows: (1) Any PUD shall contain a minimum of 10 contiguous acres. For purposes of this requirement lands separated by streams, drainage courses, highways, streets or other public or private rights -of -way shall be deemed contiguous. (6) Because land is developed more efficiently in a PUD, improved environmental quality can often result from greater densities than usually permitted in traditional zoning districts. The Town Board, upon Planning Board recommendation, shall determine in each case the appropriate land use density for individual projects. (7) Common property in a PUD is a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. Common property may be in public or private ownership. Under private ownership satisfactory arrangements must be made at the time of PUD approval for the improvement, operation and maintenance of such property and facilities, including private streets, drives, service and parking areas, recreation, public and open space areas. Any common property proposed and approved as open space shall remain and be maintained open and free from development in perpetuity. Open space does not include roads, utility rights -of -way or drainage channels. Such open space shall not be disposed of for any future development but, may at the Town's option, be conveyed to the Town or to an appropriate not -for -profit corporation or association formed to operate and maintain such open space. The ownership of open space lands created as part of a PUD and not dedicated fee simple to the Town of Cortlandville shall be approved by the Town Board. The Town Board shall retain the right to review and approve the articles of incorporation and charter of any ownership entity and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this article is carried out. B. Residential. (4) All residential and mixed -use PUD shall contain a balance of housing types, including a minimum of two of the following: Single-family detached residential Patio home Zero lot line home Single-family attached dwelling Multifamily attached dwelling, or Senior citizen housing C. Commercial. (3) A single commercial use or structure within a commercial planned development or mixed -use PUD shall not exceed 30,000 SF of gross floor area. D. Industrial. (4) A single industrial use or structure within an industrial planned development or mixed -use PUD shall not exceed 100,000 SF of gross floor area. E. Development standards. (1) Environmental resources PUD design shall consider protection and preservation of the following resources: aquifer recharge areas, wetlands, woodlands, floodplains, significant natural habitats, waterways, steep slopes, productive agricultural lands and soils, scenic views, historic resources, landmarks, and other community assets. PAGE 112 (2) Off-street parking and loading In lieu of specific parking and loading space requirements, and in order to encourage variety in location, arrangement and sharing of parking by multiple uses in a PUD, the following standards apply. (a) Pedestrian connections shall be provided between parking areas and buildings along fully accessible paved walkways to the extent necessary to assure pedestrian safety and accessibility. (b) Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, maneuverability, vehicular and pedestrian access, and minimization of adverse impacts on adjoining properties from noise, glare, dust and odors. (c) Above grade loading facilities shall be screened from public view and separated from pedestrians and private vehicles. (d) Parking and loading facilities shall take full advantage of site topography to provide separate levels of access and minimize site grading. (e) Off-street parking and loading space shall be provided to prevent overflow parking or standing vehicles onto public rights -of -way. (f) Except as otherwise stated above Town parking requirements shall be met. (3) Landscaping and buffering (a) Impervious ground surfaces such as buildings and parking areas shall be sufficiently landscaped to hold and carry stormwater runoff. Planted or grassed areas within parking lots must be not less than 5% of the total vehicular area in parking lots designed for 10 or more cars and shall be suitably distributed so as to relieve any unsightliness and visual monotony of parked vehicles. (b) PUD's shall be so designed to maximize advantage of existing topography by utilizing natural contours to provide for water storage, control of runoff, protection of natural drainage ways, economizing the construction of utilities, reducing the amount of grading and maximizing the conservation of trees and topsoil. (c) Natural features such as streams, rock outcrops, escarpments, wetlands, marshland and woodlands are to be protected and incorporated in open space areas and in the landscaping of the development. (d) Trees shall be planted adjacent to all residential units so as to provide no less than three trees of a minimum of 2-1/2 inch caliper, measured six inches above ground, per residential unit, including existing trees preserved on site. Trees shall be a suitable mix of deciduous and coniferous species to provide year round benefit of appearance and of sufficient species variety to minimize the adverse impact of the spread of disease. (e) Visual and noise buffers, including decorative masonry walls and vegetative screening, shall be designed and maintained by the owner to serve their intended purpose. (4) Circulation (a) Driveways and streets shall be connected to collector and arterial streets at locations where traffic can be controlled and operated effectively and safely with minimum interference to the capacity of public streets and other public rights -of -way. (b) Standards of design and construction for all roads to be dedicated to the Town shall meet all applicable Town standards unless modified as part of the site plan approval process. PAGE 113 (c) Pedestrian ways shall connect residential and mixed -use areas with other residential areas, community facilities, schools, recreation and open space areas, commercial areas and public transportation. (5) Utilities (a) New public and private utilities and those relocated or replaced shall be generally underground. (6) Signs (a) Freestanding signs in a PUD shall be limited to traffic and pedestrian control and for directional or way -finding purposes including street signs and signs identifying the development. (b) Pole signs are prohibited. (c) One identification sign shall be permitted for each non-residential use, not to exceed 20 square feet, not projecting more than 12 inches beyond the building or more than 8 feet in height above grade. (d) Illuminated signs visible from public streets or adjoining properties shall be shielded, with lighting directed and maintained at such an illumination level so as to not adversely create glare or unsafe distraction. (7) Lighting (a) All installed public and private outdoor lighting levels shall be in general compliance with the accepted illumination guidelines, standards and recommended practices established by the Illuminating Engineering Society of North America (IESNA). (b) Lighting of facilities, buildings, parking areas, signs, pedestrian walkways and public use areas as well as for architectural, landscaping, decorative, recreation and/or safety reasons shall be integrated into the overall site design of the PUD consistent with IESNA accepted standards and practices to prevent light trespass, glare and distraction on adjoining properties. Section 178-55 A is amended to delete the following: (10) Mobile Home Parks (11) Mobile Homes Section 178-55 B (1) is amended to read as follows: (1) One, Two, and multifamily dwellings, attached and detached. Section 178-55 C (2) is amended to read as follows: (2) Enclosed light manufacturing and assembly And to delete the following: (4) Freight Terminals (5) Heavy Equipment Sales and Service (6) Gasoline Sales (7) Commercial garages Section 178-57 is amended by adding the following: D. The Town Planning Board shall review the preliminary development plan and its related documents, and shall render either a favorable report to the Town Board or an unfavorable report to the applicant. 1.) A favorable report shall be based on the following findings which shall be included as part of the report; PAGE 114 a) The proposal is consistent with the Town's Development Plan, the Route 281/13 Corridor Land Use and Aquifer Protection Plan, if applicable, Town Design Guidelines and other Town design and development policies. b) The proposal meets the intent and objectives of Planned Unit Development. c) The proposal meets the general requirements and development regulations under Section 178-54. d) The proposal is conceptually sound, in that it meets local and area needs and conforms to accepted design principals relative to proposed roadways, pedestrian circulation, land use configurations, open space systems, drainage systems and scale of development internal and external to the PUD. e) The proposal demonstrates that there are adequate services and utilities available or proposed to be made available to service the PUD. 2.) An unfavorable report shall clearly state the reasons for its findings and, if appropriate, what needs to be accomplished by the applicant to receive a favorable report. Section 178-60 is amended by adding the following: E. If an applicant chooses to stage the development, and has indicated so under Section 178-56, then only those stages an applicant wishes to develop may be submitted for site plan approval in accordance with a staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged and a staging plan must be developed. It is the intent of this requirement that individual stages of the PUD will have an integrity of uses in their own right so that, if for any reason, the entire PUD would not be completed, those portions of the PUD already constructed will be an asset to the community. Staging plans must take account of this objective, and developers proposing individual stages that deviate significantly from the overall character of the PUD should present convincing evidence that such stage is in keeping with this section. F. As a condition of final approval, the Town Board may require the posting of such performance guarantees as it deems necessary to insure the installation of necessary improvements. Performance guarantees shall be for a period to be determined by the Town Board. The amount of the performance guarantee may be reduced by the Town as portions of the required improvements have been completed. G. Fees for applications for PUD Districting and Site Plan approval shall be in accord with the procedure for fees adopted by the Town Board. Such fees shall be based on the size and complexity of the proposed development and shall be sufficient to cover costs of all required reviews, including those related to the review of environmental impacts, and the retention of professional assistance, if necessary. 11 TOWN OF CORTLANDVILLE PAGE 115 TOWN BOARD MEETING — SEPTEMBER 3, 2008 FILED WITH STATE EFFECTIVE SEPTEMBER 12, 2008 RESOLUTION #170 ADOPT LOCAL LAW NO. 3 OF 2008 — SNOW REMOVAL ORDINANCE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Proud Aye Councilman Rocco Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law providing for the removal of snow, ice and other obstructions from the entire width of the sidewalk by the owner of any lot fronting upon any street, alley, park or place within the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2008, "Snow Removal Ordinance," a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: SNOW REMOVAL ORDINANCE It shall be the duty and responsibility of the owner of any lot fronting upon any public street, alley, park or place within the Town to maintain the entire width of the sidewalk in front of the premises and street crossing access on any corner lot, free and clear from snow, ice and other obstructions. Such removal shall be completed by 6:00 PM the day following the accumulation of snow or other obstruction. In the event of a continuous long-term snowfall and drifting of snow, removal shall be completed at a minimum of twenty-four hour intervals. After notice by certified mail with return receipt requested to the owner of a lot or parcel, the Town shall clear the area affected and the cost of such removal will be levied on the next Town and County Tax Bill. This local law shall be effective upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF OCTOBER 15, 2008 FILED WITH STATE EFFECTIVE NOVEMBER 3, 2008 PAGE 116 RESOLUTION #211 ADOPT LOCAL LAW NO. 4 OF 2008 AMENDING CHAPTER 155, TRANSIENT BUSINESSES OF THE CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Proud VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Proud Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Chapter 155, Transient Businesses of the Code of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2008, amending Chapter 155, "Transient Businesses" of the Code of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Chapter 155 TRANSIENT BUSINESSES § 155-1. Definitions § 155-6. License to be displayed. § 155-2. License, cash deposit or bond § 155-7. Conduct of transient retail prerequisites to doing business. business. § 155-3 Application for license. § 155-8. Reserved § 155-4 Furnishing additional information § 155-9. Revocation of license relating to business. § 155-10. Penalties for offenses. § 155-5 Bond; cash deposit to be filed; conditions (Replaces prior version of this statute.) § 155-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: TRANSIENT BUSINESS - A business conducted at any location for the sale of goods, wares and merchandise or services incident therewith, except ready to eat food products, and which is intended to be conducted for a temporary period of time, and not permanently. Nothing contained herein shall be construed to apply to: "Rummage Sales", "Garage Sale", "Yard Sales" as those terms are generally used and also as defined and regulated by other parts of this Code. PAGE 117 Any temporary sale of merchandise on any part of property owned by the seller and contiguous to a place of sale of similar product(s) also owned by the seller. Any transient business as defined above conducted by and for the benefit of any non- profit organization, including groups connected to an education institution. Such activities might include, but not be limited to, car washes, magazine sales, and returnable container collections. Such activity shall be limited to operation on one day per month per group. § 155-2. License prerequisite to doing business. No person shall conduct a transient business within the town without first obtaining a license therefore. § 155-3. Application for license. An application for a license, together with an application fee and daily fee as set forth from time to time by Town Board resolution, to conduct a transient business within the town shall be made, by mail or otherwise, to the Town Clerk, upon blanks prepared under the authority of the Town Clerk, and the applicant shall furnish such proof of identity and proof of legal establishment of the enterprise or business, including but not limited to county DBA filing, state sales tax certificate, liability/worker's compensation/state disability insurance coverage, and proof of authorization to use the property as the Town Clerk shall, in his or her discretion, determine. Such application shall contain a statement showing the true name of the owner of such business, legal residence, office address, the nature and kinds of goods to be sold, the persons, firms and corporations from whom such goods were purchased and the period of time during which and the location where it is contemplated such business will be conducted. Such application shall be approved by the Zoning Officer to assure compliance with Chapter 178, Zoning, and with § 155-7 of this chapter. § 155-4. Furnishing additional information relating to business. The Town Clerk or Zoning Officer may demand, and such merchant shall furnish, such further information relating to stock and sales during the conduct of a transient business as deemed necessary to comply with the purposes of this chapter. § 155-5. Fee. The Town Clerk shall collect a fee in the amount of $ 400.00 for the license and $ 100.00 per day for each day of operation as indicated on the license. Both fees shall be collected prior to the issuance of any license. § 155-6. License to be displayed. A license granted under the provisions of this chapter shall be conspicuously displayed by the transient merchant in his place of business in the town during the conduct of such business. § 155-7. Conduct of transient business. No transient business will be allowed in residential or agricultural district zones nor in any zone within 500 straight line feet of any permanent business selling items or services that are similar. Operation of the business is limited to no more than 5 days (must be consecutive), whether sales take place on any given day or not. Sales shall take place no longer than one hour after sunrise to sunset. Permitted dates, both beginning and ending, must be shown on the license. Only one such license per calendar year shall be issued to any one business or enterprise. A transient retail business selling a product of a nature where there is no competition by a permanently established business entity whose primary full-time purpose is to sell that product within 1 straight line mile, shall be allowed to conduct said transient business for no more than 45 days (days must be consecutive). One ground sign, not exceeding 75 square feet, shall be allowed; except that on a lot at an intersection with frontage on two roads or public- rights -of -way, two ground signs not exceeding a combined total of 75 square feet shall be allowed. § 155-8. Reserved. PAGE 118 § 155-9. Revocation of license. Upon the failure of the person who shall have received a license to conduct a transient business to comply with any or all of the terms of this chapter, the Town Clerk may, at any time, revoke the license granted to such person. Any violation of this chapter or any other chapter or provision of town ordinances or the commission of a crime, particularly, but not limited to, violation of any provisions of the General Business Law or any provisions of the Agriculture and Markets Law, shall be sufficient grounds for the revocation of such license. § 155-10. Penalties for offenses. Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1000.00 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. 1 1 TOWN OF CORTLANDVILLE PAGE 119 TOWN BOARD MEETING OF MARCH 18, 2009 FILED WITH THE STATE EFFECTIVE APRIL 6, 2009 RESOLUTION #63 ADOPT LOCAL LAW NO. 1 OF 2009 AMENDING CHAPTER 86, FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT, OF THE CODE OF THE TOWN CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Proud VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman O'Donnell Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending Chapter 86, Fire Prevention and Building Code Administration and Enforcement of the Code of the Town of Cortlandville, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2009, amending Chapter 86, Fire Prevention and Building Code Administration and Enforcement of the Code of the Town of Cortlandville, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Section 86-16 of the Fire Prevention and Building Construction Law of the Town of Cortlandville is amended by adding the following language to said Section: Any fee required by this Article for services rendered pursuant to the provisions of this Article which remains unpaid for 90 days shall be added to the next issued Town and County tax bill. Section 2. There is added to this Article Section 86-1 la, which shall provide as follows: Lockboxes. A. The purpose and intent of this section is to minimize the time of entry to property by Fire Department personnel at times of fire alarms, thus reducing the loss of property, both real and personal, and to enhance the response time experienced by fire personnel. B. A lockbox for storing building keys shall be obtained and affixed on certain premises described herein. Such lockbox shall be prescribed by the Cortlandville Fire District and shall be obtained in the manner established by said Fire District. PAGE 120 Ll C. Lockboxes shall be required for all new and existing buildings, other than one- or two- family dwellings, that have fire alarm and/or fire detection systems that result in the Cortland County 911 Center being notified of a fire alarm and which in return require a response from the Cortlandville Fire Department. Alarm systems include but are not limited to municipal fire alarms, radio, telephone -leased line, telephone dialer or central station systems, subject to the provisions of Subsection E hereof. D. Lockboxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Cortlandville Fire Department. E. In the event that it is determined by the Cortlandville Fire Department that the intent of this section would not be served by the installation of a lockbox at specific premises by reason of impracticability, government regulation or other factor, a written waiver of the provisions of this section, limited to the specific premises in question, may be issued by the District. The determination of the Fire District as to the issuance of such waiver shall be final and determinative. Any such waiver issued in conjunction with new construction shall be provided to the Code Enforcement Officer at the time an application for a building permit is submitted. Any such waiver issued in conjunction with structures existing on the effective date of this section shall be retained by the owner of the premises described in such waiver, and shall be exhibited to the Code Enforcement Officer upon his request. F. Any entry obtained by Fire District personnel utilizing the lockbox keys shall be reported by the person supervising such entry to the owner of record as soon as is practical after such entry. G. With regard to new structures, this section shall take effect when filed with the Secretary of State as required by law. With respect to structures in existence on the date of such filing, this section shall take effect on January1, 2010. Section 3. This Local Law shall take effect on the date of filing with the Secretary of State as required by law. 2 TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF MARCH 18, 2009 FILED WITH THE STATE EFFECTIVE APRIL 6, 2009 PAGE 121 RESOLUTION #66 ADOPT LOCAL LAW NO. 2 OF 2009 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON THE SOUTHEAST SIDE OF NYS ROUTE 13 SUBMITTED BY LOUIS SACHETTI Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax map parcel #105.00-01-49.110 from its present B-1 Business classification to a B-2 Business classification, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2009, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local Law as follows: The following parcel situated on the southeast side of NYS Route 13 in the Town of Cortlandville identified below is hereby zoned and designated as B-2 Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations created and established relative to said District: Tax Map No. Address Reputed Owner 105.00-01-49.110 706 NYS Route 13 Joann D. Clowser Town of Cortlandville, New York Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. TOWN OF CORTLANDVILLE PAGE 122 TOWN BOARD MEETING OF DECEMBER 16, 2009 FILED WITH THE STATE EFFECTIVE DECEMBER 23, 2009 RESOLUTION #196 ADOPT LOCAL LAW NO, 3 OF 2009 AMENDING THE ZONING LAW OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2009, amending the Zoning Ordinance of the Town of Cortlandville, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1- The following section of the zoning code are repealed and deleted in their entirety. § 178-29- One and two family §178-30 A (1) (a) § 178-36- One and two family §178-36.7- One and two family § 178-40 E (4) — nursing homes Section 2- Section 178-30 is amended by adding the following to section A thereof: Section 178-30 A (2)- Residential- (a) Multiple Dwellings -up to four dwellings in a structure Section 3- Section 176-36.1 A is amended by deleting there from "single family and two family dwellings" and replacing said phrase with "Multiple Family Dwellings" Section 4- Section 178-36.8 A(1) is amended by deleting there from "single family and two family dwellings" and replacing said phrase with "Multiple Family Dwellings" PAGE 123 Section 5- Section 178-76 is amended by adding the following to section A of said section: (5) In the B2 and B3 district multiple family is only allowed as a mixed use with commercial. For one-story structures the commercial use shall have a minimum of 50% of the gross floor area in use for business. For multi story buildings the commercial use shall have a minimum gross floor area equal to the story with the greatest floor area. For projects with multiple structures these percentages shall apply to gross square footage allowing for a mix of commercial and residential structures. Section 6- Section 178 of the code is amended by adding the following: Section 178-111 K Animated Signs are prohibited Section 7- Section 178 of the code is amended by adding the following: Outdoor Wood Burning Devices 178-123.1 A. A building permit is required for the installation of an outdoor -burning device. B. Any outdoor wood -burning device in existence on the effective date of this Article shall be permitted to remain, provided that the owner applies for and receives a building permit within one year of such effective date. No outdoor wood -burning device shall be permitted without full compliance except for section (D & I). C. Only firewood, untreated lumber, fossil fuels and corn are permitted to be burned. Burning of any other materials shall be prohibited except as approved by the manufacturer. D. Outdoor wood -burning devices shall follow the minimum setback requirements for the primary structure of the applicable zoning district. E. The chimney height of any device located 50 feet or less to any residence not served by the device shall be at least 2 feet higher than the eave line of the unserved residence; the chimney height of any device located more than 50 feet but less than 100 feet to any residence not served by the device shall be at least 75% of the height of the cave line of the unserved residence, plus an additional 2 feet; the chimney height of any device located more than 100 feet but less than 150 feet to any residence not served by the device shall be at least 50% of the height of the eave line of the unserved residence plus an additional 2 feet; the chimney height of any device more than 150 feet from any residence not served by the device shall be a minimum of 8 feet. F. Outdoor wood burning devices listed by the United States Environmental Protection Agency as white tag or orange tag may be operated year round, all other devices may only be operated between Septemberl and May 31. G. All outdoor wood -burning devices shall be equipped with a properly functioning spark arrestor. H. Outdoor wood -burning devices shall not be operated within 200 feet of a hospital, school, daycare center or nursing home or within 200 feet of the boundary of a County, Town, or School park. I. Site plan approval is required for outdoor wood burning devices to be located in residential districts, with notification as per 178-135. Section 8- Section 178 of the code is amended by adding the following: Small Wind Systems (WECS) 178-123.2 Intent This section regulates and provides standard for Small Wind Energy Systems (WECS) designed for on -site home and farm use, and that are primary used to reduce on -site consumption of public utility generated and distributed electricity. The intent of this Section is to encourage PAGE 124 the development of small wind energy systems and to protect the public health, safety and community welfare. 1. Permit Required A. No WECS shall be constructed, reconstructed, modified or operated in the Town of Cortlandville except in compliance with this Section. B. No wind measurements tower shall be constructed or operated except in conjunction with and as part of an application for a Small WECS. C. No transfer of real property on which a Small WECS is situated shall eliminate the liability of the owner of such property from compliance with this Section and the conditions of the Conditional Permit issued for such WECS. D. Notwithstanding the requirements of this Section, replacement in kind of a Small WECS may occur without Town approval when (1) there will be no increase in Total Height; (2) no change in location: (3) no additional lighting or change of facility color; (4) no increase in noise produced by the WECS 2. Permitted Areas Agricultural District on lots greater than two acres R-1 District on lots greater that two acres 3. Height limitations Agricultural District — 100 Feet R-1 District on lots less than three acres — 40 feet R-1 District on lots greater than three acres — 60 Feet when documentation shows a need for a height greater than 40 feet 4. Setback All WECS shall be setback from all property lines a minimum of 1.5 times the total height of the WECS 5. Application A Conditional Permit, Article XIV, is required for all WECS. The Planning Board shall hold a Public Hearing with notification of all property owners adjacent to the proposed tower site or within 500 feet of the proposed tower site. 6. Standards A. Only one Small WECS per lot shall be allowed. More than one may be permitted as long as each has the required minimum lot size and the applicant demonstrates that the electric needs of the user exceed the power generation capability of one WECS. B. The height allowed shall be reduced if necessary to comply with all Federal Aviation Requirements and Section 178-115 of the Code of the Town of Cortlandville. C. The maximum turbine power output is limited to 10 K W unless the applicant demonstrates to the Town Planning Board that a larger turbine is necessary to meet the historical or projected energy needs of the applicant. D. The system tower and components shall be painted a non -reflective, unobtrusive color that blends the system and components into the surrounding landscape. E. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e,g., public parks, roads, trails) and from adjacent properties. PAGE 125 F. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. G. All on -site electric wires associated with the system shall be installed underground except for "tie-ins" to a utility company and public utility transmission poles, towers and lines. The Planning Board may modify this standard if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors. H. The system shall be operated such that no electromagnetic interference is caused. If it has been demonstrated to the Planning Board that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system. I. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm there from. No brand names, logo or advertising shall be placed or painted on the tower or components where it would be visible from the ground, except that a system or tower manufacturers logo may be displayed on a system housing in an unobtrusive manner. J. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: a. Tower climbing apparatus located no closer than 12 feet from the ground. b. A locked anti climbing device installed on the tower c. A locked, protective fence at least six feet in height that enclose the tower K. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above ground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet in height or sheathed in bright orange or yellow covering from three feet to eight feet above the ground. L. The minimum height above the ground of the lowest part of the wind turbine blade shall be at least 15 feet. A The level of noise produced during WECS operation shall not exceed 50 dbA, measured at the boundaries of the closest parcel to the WECS site. N. All Small WECS tower structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, and generally accepted engineering practices. O. All WECS shall be equipped with manual and automatic over -speed controls. The manufacturer shall certify the conformance, of rotor over -speed control design and fabrication, with good engineering practices. P. No WECS shall be constructed or operated so as to create artificial habitat for raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent possible be minimized. Q. No experimental, homebuilt, or prototype wind turbine shall be allowed without documentation by the applicant of their maximum probable blade throw distance in the event of failure and determination by the Planning Board of appropriate setback distances on the basis of that documentation. R. A WECS shall be set back at least 1,000 feet from any Import Bird Area as identified by The New York Audubon Society and from State listed wetlands. S. All WECS shall be maintained in good condition and in accordance with all requirements of this Section. PAGE 126 7. Abandonment of use A Small WECS which is not used to produce electricity for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner within 9 months after notice from the Town Planning Board. Section 9- Section 178-2 c is amended by updating the following definitions in their appropriate alphabetical order: Family- One or more persons occupying a dwelling unit, all of whom are related by blood, marriage or adoption. Additionally, in the Agricultural and R-1 districts, occupancy by a family and one unrelated individuals is permitted, R-2 district occupancy by a family and two unrelated individuals is permitted, and in R-3, B-1, B-2, and B-3 districts occupancy by a family and three unrelated individuals is permitted. Functional family unit- A group of individuals living together in a single dwelling unit and functioning as a family with respect to those characteristics that are consistent with the purpose of zoning restrictions in residential neighborhoods. (1) In determining whether or not a group of unrelated individuals is a functional family unit under the definition set forth above, the following criteria must be present: (a) The occupants must share the entire dwelling unit. A unit in which the various occupants act as separate roomers cannot be deemed to be occupied by a functional family unit. (b) The household must have stability with respect to the purpose of this chapter. Evidence of such stability may include the following: [1] The presence of minor dependent children regularly residing in the household. [2] Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses and sharing in the preparation, storage and consumption of food. [3] Whether or not different members of the household have the same address for the purpose of: [a] Voter registration [b] Driver's licenses [c] Motor vehicle registration [d] Summer or other residences [e] The filing of taxes [4] Common ownership of furniture and appliances among the members of the household [5] Enrollment of dependent children in local schools [6] Employment of householders in the local area [7] A showing that the household has been living together as a unit for a year or more; whether in the current dwelling unit or other dwelling units. [8] Any other factor reasonably related to whether or not the group of persons is the functional equivalent of a family (2) A group of individuals living in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if such dwelling unit contains four or more college students over the age of 16 years. (a) A college student is a person who attends, at least half time, any college, university or other institution authorized to confer degrees by the State of New York (b) For the purposes of this presumption, minor dependent children of any other member of the household shall be excluded in calculating the number of college students in the household. (3) A group of individuals living together in the same dwelling unit shall be presumed not to be a functional family unit, as defined in this section, if the dwelling unit is occupied by four or more unrelated adults over the age of 16 years and is not occupied by minor children. (4) The presumptions set forth in Subsections (2) and (3) of this definition may be rebutted by evidence of characteristics set forth in Subsection (1) of this definition. PAGE 127 Animated sign - Means any sign which includes action, motion or color changes, or the optical illusion of action, motion or color changes, or contains a scrolling or changing message, except time and temperature and static message signs Static Message signs - The minimum display time, without a change in message, shall be six hours Outdoor wood -burning device- Any equipment, device or apparatus which is installed, affixed or situated outside, for the purpose of combustion of wood fuel to produce heat or energy used as a component of a heating system providing heat for any interior space. For Wind Energy Systems: Mechanical Wind Turbine - A wind energy system that converts wind energy to mechanical power. Small Wind Energy Conversion System (Small WECS) - A Wind Energy Conversion System consisting of a wind turbine, a tower, and associated control or conversion electronics, which is intended to primarily reduce on -site consumption of utility power. Total Height - The height of the tower and the furthest vertical extension of the WECS. Wind Energy Conversion System (WECS) - A machine that converts the kinetic energy in the wind into electrical or mechanical energy. Wind Measurement Tower - A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction. Temporary (no more than two years) towers may be allowed as part of a Small WECS application, where the requested tower meets all height, setback and other requirements of this local law. Section 10- The following sections of the code are amended by deleting the term "Code Enforcement Officer" and replacing it with the term "Zoning Officer": 151-5, (b) (1) 178-29 (a) (3) 178-36 (a) (3) 178-36.1 (a) (10) 178-36.1 (b) 178-36.7 (a) (3) 178-36.8 (a) (4) 178-36.8 (b) 178-39 (b) 178-40.4 (b) 178-135 Section 11- The following section of the Code is amended by deleting the term "Town Zoning Officer" and replacing it with the term "Code Enforcement Officer": 178-61 Section 12- The following sections of the Code are amended by deleting the term "Zoning Officer" and replacing it with the term "Code Enforcement Officer": 178-62 (a) 178-117 (twice) 178-133 PAGE 128 Section 13- Section 178-94 of the code is amended by the addition of the following: "K- The Town may require that the storm water system be tested to insure that the system operates as designed." Section 14- Section 178-69F and 178-74G are amended by adding the following language to the last sentence of each of said sections: "or within a time period agreed upon by the applicant and the Planning Board. If a building permit is not applied for within this time frame or a building permit has expired, the applicant shall submit a new application to the Planning Board. Section 15- Section 178-2C is renumbered 140D-2(C) and is moved to Section 140-2. Section 16- This Local Law shall be effective when filed with the Secretary of State as required by law. 1 1 TOWN OF CORTLANDVILLE PAGE 129 TOWN BOARD MEETING OF DECEMBER 16, 2009 FILED WITH THE STATE EFFECTIVE DECEMBER 23, 2009 RESOLUTION #198 ADOPT LOCAL LAW NO. 4 OF 2009 FLOOD DAMAGE PREVENTION Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law for Flood Damage Prevention in the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 4 of 2009, Flood Damage Prevention, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1.0 STATUTORY AUTHORIZATION AND PURPOSE 1.1 FINDINGS The Town Board of the Town of Cortlandville finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Cortlandville and that such damages may include: destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this local law is adopted. 1.2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) regulate uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; PAGE 130 1 1 (3) control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control filling, grading, dredging and other development which may increase erosion or flood damages; (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands, and; (6) qualify and maintain for participation in the National Flood Insurance Program. 1.3 OBJECTIVES The objectives of this local law are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) to provide that developers are notified that property is in an area of special flood hazard; and, (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Local Administrator's interpretation of any provision of this Local Law or a request for a variance. "Area of shallow flooding" means a designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, Al-A30, A99, V, VO, VE, or VI-V30. It is also commonly referred to as the base floodplain or 100-year floodplain. For purposes of this Local Law, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. "Basement" means that portion of a building having its floor subgrade (below ground level) on all sides. PAGE 131 "Building" see "Structure" "Cellar" has the same meaning as "Basement". "Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for the equalization of hydrostatic forces which would be experienced during periods of flooding. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. "Elevated building" means a non -basement building (i) built, in the case of a building in Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones Al-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building", even though the lower area is enclosed by means of breakaway walls that meet the federal standards. "Federal Emergency Management Agency" means the Federal agency that administers the National Flood Insurance Program. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves .or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in (1) above. "Flood Boundary and Floodway Map (FBFM)" means an official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study. "Flood Elevation Study" means an examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood- related erosion hazards. "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. "Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. "Flood Insurance Study" see "flood elevation study". PAGE 132 "Floodplain" or "Flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodproofing" means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" - has the same meaning as "Regulatory Floodway". "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and ship repair facilities. The term does not include long-term storage, manufacturing, sales, or service facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. "Local Administrator" is the person appointed by the community to administer and implement this local law by granting or denying development permits in accordance with its provisions. This person is often the Building Inspector, Code Enforcement Officer, or employee of an engineering department. "Lowest floor" means lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this Local Law. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "Recreational vehicle" "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Mobile home" has the same meaning as "Manufactured home". PAGE 133 "New construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. "One hundred year flood" or "100-year flood" has the same meaning as "Base Flood". "Principally above ground" means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground. "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4.4-2 of this Law. "Start of construction" means the date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. The term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) any alteration of a "Historic structure", provided that the alteration will not preclude the structure's continued designation as a "Historic structure". "Variance" means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this local law. PAGE 134 U 3.1 3.2 (1) (2) 3.3 3.4 3.5 SECTION 3.0 GENERAL PROVISIONS LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazard within the jurisdiction of the Town of Cortlandville, Cortland County. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard for the Town of Cortlandville, Community Number 360179, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: Flood Insurance Rate Map Panel Numbers: 36023C0120D, 36023C0163D, 36023CO227D, 36023CO233D, 36023CO251D, 36023CO265D 36023C0138D, 36023C0164D, 36023CO228D, 36023CO234D, 36023CO252D, 36023C0139D, 36023CO210D, 36023CO229D, 36023CO240D, 36023CO253D, 36023C0143D, 36023CO220D, 36023CO231D, 3 6023 CO241 D, 36023CO254D, 36023C0144D, 36023CO226D, 36023CO232D, 3 6023 CO242D, 36023CO261D, whose effective date is March 2, 2010, and any subsequent revisions to these map panels that do not affect areas under our community's jurisdiction. A scientific and engineering report entitled "Flood Insurance Study, Cortland County, New York, All Jurisdictions" dated March 2, 2010. The above documents are hereby adopted and declared to be a part of this Local Law. The Flood Insurance Study and/or maps are on file at: Office of the Town Clerk of the Town of Cortlandville 3577 Terrace Road, Cortland, New York 13045 INTERPRETATION AND CONFLICT WITH OTHER LAWS This Local Law includes all revisions to the National Flood Insurance Program through October 27, 1997 and shall supersede all previous laws adopted for the purpose of flood damage prevention. In their interpretation and application, the provisions of this local law shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. SEVERABILITY The invalidity of any section or provision of this local law shall not invalidate any other section or provision thereof. PENALTIES FOR NON-COMPLIANCE No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted, or altered and no land shall be excavated or filled without full compli- ance with the terms of this local law and any other applicable regulations. Any infraction of the provisions of this local law by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this local law or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Cortlandville from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this local law for which the developer and/or owner has not applied for and received an PAGE 135 approved variance under Section 6.0 will be declared non -compliant and notification sent to the Federal Emergency Management Agency. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Cortlandville, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made there under. SECTION 4.0 ADMINISTRATION 4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying floodplain development permits in accordance with its provisions. 4.2 THE FLOODPLAIN DEVELOPMENT PERMIT 4.2-1 PURPOSE A floodplain development permit is hereby established for all construction and other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and insuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to scale and showing: the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. 4.2-2 FEES All applications for a floodplain development permit shall be accompanied by an application fee, in an amount fixed by Town Board Resolution. In addition, the applicant shall be responsible for reimbursing the Town of Cortlandville for any additional costs necessary for review, inspection and approval of this project. The Local Administrator may require a deposit of no more than $500.00 to cover these additional costs. 4.3 APPLICATION FOR A PERMIT The applicant shall provide the following, information as appropriate. Additional information may be required on the permit application form. (1) The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zones Al-A30, AE or AH, or Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permitee shall submit to the Local Ad- ministrator the as -built elevation, certified by a licensed professional engineer or sur- veyor. (2) The proposed elevation, in relation to mean sea level, to which any new or substantially improved non-residential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permitee shall submit to PAGE 136 the Local Administrator the as -built floodproofed elevation, certified by a professional engineer or surveyor. (3) A certificate from a licensed professional engineer or architect that any utility flood - proofing will meet the criteria in Section 5.2-3, UTILITIES. (4) A certificate from a licensed professional engineer or architect that any non- residential floodproofed structure will meet the floodproofing criteria in Section 5.4, NON-RESIDENTIAL STRUCTURES. (5) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in Section 3.2, when notified by the Local Administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be main- tained. (6) A technical analysis, by a licensed professional engineer, if required by the Local Administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. (7) In Zone A, when no base flood elevation data are available from other sources, base flood elevation data shall be provided by the permit applicant for subdivision propos- als and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5 acres. 4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR Duties of the Local Administrator shall include, but not be limited to the following. 4.4-1 PERMIT APPLICATION REVIEW The Local Administrator shall conduct the following permit application review before issuing a floodplain development permit: (1) Review all applications for completeness, particularly with the requirements of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the provisions and standards of this law. (2) Review subdivision and other proposed new development, including manufac- tured home parks to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, sub -section 5.1-1 SUBDIVISION PROPOSALS. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Local Administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and re -submit the application. PAGE 137 (4) Determine that all necessary permits have been received from those govern- mental agencies from which approval is required by State or Federal law. 4.4-2 USE OF OTHER FLOOD DATA (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, including data developed pursuant to paragraph 4.3(7), as criteria for requiring that new con- struction, substantial improvements or other proposed development meet the requirements of this law. (2) When base flood elevation data are not available, the Local Administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this law. 4.4-3 ALTERATION OF WATERCOURSES (1) Notification to adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse, and submittal of evidence of such notification to the Regional Administrator, Region Il, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.4-4 CONSTRUCTION STAGE (1) In Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, obtain from the permit holder a certification of the as -built elevation of the lowest floor or floodproofed elevation, in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) Any further work undertaken prior to submission and approval of the certifica- tion shall be at the permit holder's risk. The Local Administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop work order for the project unless immediately corrected. 4.4-5 INSPECTIONS The Local Administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. 4.4-6 STOP WORK ORDERS (1) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found ongoing without a development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. PAGE 138 I (2) The Local Administrator shall issue, or cause to be issued, a stop work order for any floodplain development found non -compliant with the provisions of this law and/or the conditions of the development permit. Disregard of a stop work order shall subject the violator to the penalties described in Section 3.5 of this local law. 4.4-7 CERTIFICATE OF COMPLIANCE (1) In areas of special flood hazard, as determined by documents enumerated in Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the Local Administrator stating that the building or land conforms to the requirements of this local law. (2) A certificate of compliance shall be issued by the Local Administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. 4.4-8 INFORMATION TO BE RETAINED The Local Administrator shall retain and make available for inspection, copies of the following: (1) Floodplain development permits and certificates of compliance; (2) Certifications of as -built lowest pursuant to sub -sections 4.4-4(1) structures contain a basement; floor elevations of structures, required and 4.4-4(2), and whether or not the (3) Floodproofing certificates required pursuant to sub -section 4.4-4(1), and whether or not the structures contain a basement; (4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and, (5) Notices required under sub -section 4.4-3, ALTERATION OF WATERCOURSES. SECTION 5.0 CONSTRUCTION STANDARDS 5.1 GENERAL STANDARDS The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2. 5.1-1 SUBDIVISION PROPOSALS The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and, (3) Adequate drainage shall be provided to reduce exposure to flood damage. PAGE 139 5.1-2 ENCROACHMENTS (1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (i) the applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location, or, (ii) the Town of Cortlandville agrees to apply to the Federal Emergency Management Agency (FEMA)for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Cortlandville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Cortlandville for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: (i) a technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood, or, (ii) the Town of Cortlandville agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Cortlandville for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Cortlandville for all costs related to the final map revisions. 5.2 STANDARDS FOR ALL STRUCTURES 5.2-1 ANCHORING New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. 5.2-2 CONSTRUCTION MATERIALS AND METHODS (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones Al-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this re- quirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: PAGE 140 (i) a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (ii) the bottom of all such openings no higher than one foot above the lowest adjacent finished grade. Openings may be equipped with louvers, valves, screens or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub -grade on all sides are considered basements and are not permitted. 5.2-3 UTILITIES (1) New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and, (4) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.: 5.3 RESIDENTIAL STRUCTURES 5.3-1 ELEVATION The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30, AE and AH and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above two feet above the base flood elevation. (2) Within Zone A, when no base flood elevation data are available, new con- struction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3) Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. PAGE 141 5.4 NON-RESIDENTIAL STRUCTURES The following standards apply to new and substantially improved commercial, industrial and other non-residential structures located in areas of special flood hazard, in addition to the requirements in sub -sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL STRUCTURES. (1) Within Zones Al-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any non-residential structure shall either: (i) have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (ii) be floodproofed so that the structure is watertight below two feet above the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (2) Within Zone AO, new construction and substantial improvements of non-residential structures shall: (i) have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or (ii) together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in sub- section 5.4(1)(ii) (3) If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construe- tion. A Floodproofing Certificate or other certification shall be provided to the Local Administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. (4) Within Zones AH and AO, adequate drainage paths are required to guide flood waters around and away from proposed structures on slopes. (5) Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. 5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES The following standards in addition to the standards in Section 5.1, GENERAL STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as indicated, in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. (1) Recreational vehicles placed on sites within Zones Al-A30, AE and AH shall either: (i) be on site fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3) and (4). PAGE 142 A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. (2) A manufactured home that is placed or substantially improved in Zones Al-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (3) Within Zone A, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. (4) Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in Section 3.2 (at least two feet if no depth number is specified). SECTION 6.0 VARIANCE PROCEDURE 6.1 APPEALS BOARD (1) The Zoning Board of Appeals (ZBA) as established by the Town of Cortlandville shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The ZBA shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Local Administrator in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the ZBA may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. (4) In passing upon such applications, the ZBA, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and floodplain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; PAGE 143 (x) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; (xi) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xii) the costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local law, the ZBA may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Local Administrator shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request. 6.2 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xii) in Section 6.1(4) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (i) the proposed repair or rehabilitation will not preclude the structure's continued designation as a "Historic structure"; and (ii) the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met; and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (6) Variances shall only be issued upon receiving written justification of: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, PAGE 144 create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances. (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that: (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required in Section 4.4-8 of this Local Law. Be it enacted this 16t" day of December, 2009 by the Town Board of the Town of Cortlandville, Cortland County, New York, to be effective upon filing with the Secretary of State. E TOWN OF CORTLANDVILLE TOWN BOARD MEETING — FEBRUARY 17, 2010 FILED WITH THE STATE EFFECTIVE MARCH 3, 2010 PAGE 145 RESOLUTION #44 ADOPT LOCAL LAW NO. 1 OF 2010 TO ENACT A VETERANS TAX EXEMPTION PURSUANT TO SECTION 458-b OF THE REAL PROPERTY TAX LAW FOR QUALIFIED RESIDENTS OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Abstain ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law to enact a Veterans Tax Exemption pursuant to Section 458-b of the Real Property Tax Law for qualified residents of the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2010, "Enact a Veterans Tax Exemption pursuant to Section 458-b of the Real Property Tax Law for Qualified Residents of the Town of Cortlandville", a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Purpose and Authority: The purpose of this Local Law is to enact a veterans tax exemption pursuant to Section 458-b of the Real Property Tax Law for qualified residents of the Town of Cortlandville. Section 2. Veterans Tax Exemption: Commencing January 1, 2010, the Town of Cortlandville will allow eligible veterans who own real property within the Town to utilize the veterans tax exemption pursuant to Section 458-b of the Real Property Tax Law at the exemption limits set forth below. The first taxable status date that this Local Law will be applicable to is March 1, 2010. Section 3. Dollar Limits of Exemption: Veteran: 15% of assessed value to a maximum of $6,000 Disabled Veteran: Percentage of assessed value equal to '/z of service connected disability rating to a maximum of $20,000 PAGE 146 Section 4. Procedure: All qualified residents who desire to apply for said veterans tax exemption shall follow the procedure set forth in Section 458-b of the Real Property Tax Law. Section 5. Separability: If any part of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any Court of competent jurisdiction, such judgment shall be confirmed in its operation to be part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law. Section 6. Repeal: All Resolutions, Ordinances, Local Laws and parts thereof inconsistent with this Local Law are herby repealed. Section 7. Effective Date: This Local Law shall be effective upon filing with the Secretary of State of the State of New York as required by law. I Ll TOWN OF CORTLANDVILLE PAGE 147 TOWN BOARD MEETING — MAY 19, 2010 FILED WITH THE STATE EFFECTIVE DUNE 1, 2010 RESOLUTION # 91 ADOPT LOCAL LAW NO.2 OF 2010 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Title This Local Law shall be referred to as the "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities." Section 2. Purpose and Intent Pursuant to the statutory powers vested in the Town of Cortlandville, to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Cortlandville hereby declares a moratorium on the establishment, placement, construction, enlargement and erection of Commercial Wind Farm Facilities in the Town. The integration of these commercial facilities within the Town's existing pattern of predominantly residential and agricultural land use emphasizes the need for suitable siting, land use and zoning standards and controls with reference to wind farm facilities. The Town Board of the Town of Cortlandville desires to address, in a careful manner, the establishment, placement, construction, enlargement and erection of commercial wind farm facilities on a comprehensive Town -wide basis, rather than on an ad hoc basis, and to adopt Land Use Local Law provisions to specifically regulate the same. Section 3. Scope of Controls A. During the effective period of this Local Law: 1. The Town Board, the Town Planning Board and the Town Zoning Board of Appeals shall not grant any approvals that would have as the result the establishment, placement, construction, enlargement or erection of a commercial wind farm facility in the Town. PAGE 148 2. The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special use permit or other permit that would have as a result the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 3. The Town Zoning Board of Appeals shall not grant any variance or other permit for any use that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 4. The Town Planning and Zoning Officer and the Code Enforcement Officer of the Town shall not issue any permit that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 5. The Town Board of the Town of Cortlandville reserves the right to direct the revocation or rescission of any building permits or certificates of occupancy issued in violation of this Local Law. Section 4. No Consideration of New Applications No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits shall be considered by any board officer or agency of the Town while the moratorium imposed by this Local Law is in effect. Section 5. Term The moratorium imposed by this Local Law shall be in effect from its effective date until December 31, 2010, unless extended by Resolution of the Town Board. Section 6. Penalties Any person, firm or corporation that shall establish, place, construct, enlarge or erect any commercial wind farm facility in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: A. Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town for violations; and B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law. Section 7. Validity The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section 8. Hardship A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Cortlandville in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision, or other permit during the period of the moratorium imposed by this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days' written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, PAGE 149 within fifteen (15) days of the close of said Public Hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. Section 9. Effective Date This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. 1 1 TOWN OF CORTLANDVILLE PAGE 150 TOWN BOARD MEETING — AUGUST 4, 2010 FILED WITH THE STATE EFFECTIVE AUGUST 27, 2010 RESOLUTION # 136 ADOPT LOCAL LAW NO. 3 OF 2010 - ELECTING A RETIREMENT INCENTIVE AS AUTHORIZED BY PART A OF CHAPTER 105 OF THE LAWS OF 2010 FOR ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, "Electing a Retirement Incentive as authorized by Part A of Chapter 105 of the Laws of 2010 for Eligible Employees of the Town of Cortlandville", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: 1. The Town of Cortlandville hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Part A of Chapter 105 of the Laws of 2010. 2. The commencement date of the retirement incentive program shall be November 15, 2010. 3. The open period during which eligible employees may retire and receive the additional retirement benefits shall be 47 days in length commencing November 15, 2010 and expiring on December 31, 2010. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees Retirement System, and it shall be paid by the Town of Cortlandville for each employee who receives the retirement benefits payable under this local law. 5. This local law shall take effect when files with the Secretary of State as required by law. TOWN OF CORTLANDVILLE PAGE 151 TOWN BOARD MEETING — AUGUST 4, 2010 FILED WITH THE STATE EFFECTIVE AUGUST 24, 2010 RESOLUTION 4137 ADOPT LOCAL LAW NO. 4 OF 2010 — 2010 MORATORIUM LAW ON HYDRAULIC FRACTURING AND/OR HYDRO- FRACKING OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, "2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville", and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. TITLE This law will be known as the 2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville. Section 2. LEGISLATIVE INTENT The Town Board of the Town of Cortlandville, Cortland County, State of New York, is vested by the State of New York to regulate and control land use within the Town of Cortlandville and to protect the health, safety and welfare of its residents. The issue of hydrofracking has generated much concern about the safety and reliability of this method to recover and develop natural gas. The Town Board believes that based on these concerns, additional study and examination of necessary land use regulations relating to hydrofracking is warranted. Therefore, the Town Board, through this local law, declares a six-month moratorium on any activity or processes associated with hydrofracking or in furtherance of hydrofracking, including the establishment, implementation, place and construction of hydrofracking processes or activities in the Town of Cortlandville. The Town Board is well aware of the current review of hydrofracking by the New York State Department of Environmental Conservation (DEC), including an assessment of the various potential environmental impacts of hydrofracking, state regulations currently in place and the potential for additional regulations of hydrofracking at the state level. This moratorium period will allow for the review and determination of the need for additional state regulations which will necessarily impact the role of the Town in further regulation on a local level. This moratorium is also intended to allow necessary time for the Town Board to examine whether additional local regulation is necessary, the extent of such regulation, and if such local regulation is necessary, the Town Board may determine the appropriate rules and regulations to ensure comprehensive uniformity, fairness and consistency in such regulations. Further, the PAGE 152 Town Board will utilize the moratorium period to further examine the significant environmental issues relating to hydrofracking. The Town Board recognizes the importance of finding and developing other sources of natural gas for energy resources and believes that natural gas may be a cleaner and more beneficial source of energy than other oil and gas consumption. Natural gas development has existed in New York State since approximately 1821. There are vast amounts of natural gas in reserves of shale deposits and new technology has made it more economical to produce natural gas from shale deposits. There have been studies indicating that natural gas production using the hydrofracking method could be a significant benefit to economic activity. However, the Town is also concerned with the potential for damage to groundwater quality and quantity, potential for sediment and erosion and the use of naturally occurring radioactive materials. Hydrofracking requires the use of large amounts of water, including the use of surface water (rivers, basins, lakes), private ponds, groundwater, municipal water, waste water and produced water. Further, the use of hydrofracking will create more demand for commercial waste water treatment facilities to dispose of produced water. The Town Board is concerned with the potential for groundwater pollution, affecting many water wells in the town. There may also be further impacts to local roads during the construction and use of any potential well. Lastly, the Town is concerned with the potential environmental impacts on water quality, agricultural land uses, wetlands, and sole source aquifer, which is the primary source of water for the Town of Cortlandville and other local municipalities. The Town of Cortlandville has legitimate goals and aims to protect the community, cultural, historical, recreational and environmental resources within the Town and the Town Board believes that studying this issue is necessary so that hydrofracking operations are regulated to protect the town's predominant residential and agricultural land uses and to protect the environment from potential negative impacts. The Town of Cortlandville does hereby find a moratorium of six months duration is necessary and reasonable in order to afford the Town Board an opportunity to refer this issue to the Code Enforcement Officer, Town Planning Board, and the Town Zoning Board of Appeals for consideration and study and to afford such boards an opportunity to make recommendations to the Town Board regarding appropriate amendments to the Town Code. A moratorium of six months will prevent the establishment of hydrofracking facilities and operations that may be contrary to any land use regulations ultimately adopted thus making the new regulations a nullity. The health, safety and general welfare of the residents will be protected by the adoption of the moratorium pending the issuance of final regulations by the Town of Cortlandville. Section 3. DEFINITIONS HYDRAULIC FRACTURING OR HYDROFRACKING—For purposes of this Local Law, the term "hydraulic fracturing" or "hydrofracking" shall mean the process of recovering and/or developing natural gas trapped within shale or rock and which generally is accomplished by a gas well that is drilled vertically into the ground and then horizontally from the well head, after which water, sand and/or chemicals are injected into the well breaking and/or fracturing of shale and/or other natural structures under the ground intending to release natural gas from the ground. PERSON — For the purposes of this local law, individual, society, club, firm, partnership, joint venture persons, and the singular shall include the plural number. Section 4. SCOPE AND CONTROL. the term "person" shall include an , corporation, or the association of A. For the period of six months following the effective date of this local law, no new hydrofracking facilities or operations, as defined by this local law, or expansions beyond existing operations or facilities shall be permitted by any person in the Town of Cortlandville. B. During the effective period of this Local Law: PAGE 153 1. The Town Planning Board shall not consider and/or approve any site plan, approve any special use permit or other permit which would have as a result the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the enlargement of any existing hydrofracking facility or operation within the Town. 2. The Town Zoning Board of Appeals shall not consider and/or grant any variance, special use permit or other permit for any use which would result in the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the enlargement of any existing hydrofracking facility or operation within the Town. 3. The Codes Enforcement Officer of the Town shall not consider and/or issue any building permit or other permit which would result in the establishment, implementation, placement, construction or development of any new hydrofracking facility or operation, including any activity associated therewith or in furtherance of hydrofracking, or the enlargement of any existing hydrofracking facility or operation within the Town. C. If, within six months, the Town Board adopts a local law relating to hydrofracking, then, in that event the moratorium imposed by this local law shall expire immediately on the date the Town local law relating to hydrofracking takes effect in accordance with Section 27 of the Municipal Home Rule Law. Section 5. EXCEPTIONS. The lawful use of any premises on the effective date of this local law operated under a permit issued by the Town of Cortlandville or other appropriate state or federal agency may be continued, provided that such use shall not be enlarged or extended beyond the existing location and operation. Section 6. VARIANCES. 1. The Town Board reserves to itself the power and sole discretion to vary or adapt the strict application of the requirements of this Local Law in the case of unusual hardship or circumstances that would deprive the owner of the reasonable use of the lands involved, provided the application is consistent with the intent of this Local Law. 2. An application for a variance plus 7 copies thereof shall be filed with the Town Clerk, together with a filing fee of $250.00. The application shall specifically identify the land involved, recite the nature of the proposed use of the land, provide a narrative description of the project and identify the circumstances pursuant to which the variance is sought and the reasons why the variance is claimed. Any costs, including expert consulting fees, incurred by the Town shall be paid by the Applicant immediately upon request or the application may be denied. 3. The Town Board may refer any applications for a variance herein to the Planning Board, the Zoning Board of Appeals, and/or its retaining consultant, for their advice and recommendations, but all decisions on granting or denying such variances shall be made by the Town Board solely, after determining whether or not the requested variance is compatible with the Comprehensive Plan of the Town, the Town Code and any contemplated amendments to the Zoning Law. Unless completely satisfied that the proposed variance is compatible, the Town Board shall deny the application. PAGE 154 4. The Town Board shall conduct a public hearing on any request for a variance within forty-five (45) days of receipt of a completed application; and shall issue its final decision on requests for a variance within thirty (30) days from the public hearing. Section 7. ENFORCEMENT. This local law shall be enforced by the Code Enforcement Officer of the Town of Cortlandville, or such other individual(s) as designated by the Town Board, it shall be the duty of the enforcement individual(s) to advise the Town Board of all matters pertaining to the enforcement of this local law and to keep all records necessary and appropriate to the office and to file the same in the office of the Town Clerk. Section 8. VIOLATIONS. Any person violating any of the provisions of this local law shall be guilty of an offense and upon a conviction thereof, be given a civil penalty of no less than $500.00 and no more than $1,000.00 per day for this violation. Each day's violation shall constitute a separate and additional violation. An action may be commenced in a court, of competent jurisdiction to recover such penalty. In addition thereto, violations of this local law shall be subject to being restrained by injunctive relief. Section 9. CONFLICT WITH OTHER LAWS. This Local Law is enacted pursuant to the provisions of the Town Law and the Municipal Home Rule Law of the State of New York. During the duration of times that this Law is in effect, it shall take precedence over and shall be considered controlling over contrary laws, ordinances and provisions including, but not limited to, the statutes set forth in the New York Town Law related to zoning and subdivisions. Specifically, this Law is intended to supersede Town Law Sections 130, 261, 262, 263, 264, 265, 267, 267-1, 267-b, 268, 269, 274-1, 274-b, 276, 277, 278 and 279. Section 10. SEVERABILITY. If any clause, sentence, paragraph, section, article or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 11. EFFECTIVE DATE. State. 1 This Local Law shall become effective immediately upon filing with the Secretary of TOWN OF CORTLANDVILLE PAGE 155 TOWN BOARD MEETING —DECEMBER 1, 2010 FILED WITH THE STATE EFFECTIVE DECEMBER 14, 2010 RESOLUTION # 2O9 ADOPT LOCAL LAW NO. 5 OF 2010 FOR THE "LICENSING, IDENTIFICATION, AND CONTROL OF DOGS IN THE TOWN OF CORTLANDVILLE" Motion by Councilman Rocco Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Leach Aye Councilman Proud Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law for the "Licensing, Identification, and Control of Dogs in the Town of Cortlandville," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 5 of 2010, "Licensing, Identification, and Control of Dogs in the Town of Cortlandville," a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Title. The title of this Local Law shall be, "Licensing, Identification and Control of Dogs in the Town of Cortlandville." Section 2. Authority. This Local Law is adopted pursuant to Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. Purpose. The purpose of this Local Law is to provide for the licensing, identification of dogs and the control and protection of the dog population and the protection of persons, property, and other animals from dog attack and damage. Section 4. Application. 1. This Local Law shall apply to all areas of the Town of Cortlandville including the Village of McGraw. 2. In the event that any dog owned by a non-resident of the Town is harbored within the Town for a period of 30 days or less such dog shall be exempt from the identification and licensing provisions of this Local Law provided such dog is licensed pursuant to the provisions of law of the area of residence. PAGE 156 This Local Law shall not apply to any dog confined to the premises of any public or private hospital devoted solely to the treatment of sick animals, or confined to an animal shelter devoted to the impounding and caring of animals. Section 5. Definitions. As used in this Local Law, the following words shall have the following respective meanings: Adoption means the delivery to any natural person 18 years of age or older, for the limited purpose of harboring a pet, of any dog, seized or surrendered. Altered shall refer to a dog that has been spayed or neutered. At large means an unleashed dog not under control of the owner and off the premises of the owner. Companion animal means any dog or cat normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Companion animal" shall not include a "domestic animal" as defined in this Section. Dangerous dog means any dog which: a. without justification attacks a person, companion animal, farm animal, or domestic animal as defined in this section and causes serious, physical injury or death, or b. behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons, companion animals, farm animals or domestic animals or c. without justification attacks a "Guide Dog", "Hearing Dog", "Service Dog", "Working Search Dog", "War Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog" and causes physical injury or death. d. "Dangerous dog" does not include a "Police Work Dog", while being used to assist one or more law enforcement officers in the performance of their official duties. Detection dog means any dog that is trained and is actually used for such purposes or is under- going training to be used for the purpose of detecting controlled substances, explosives, ignitable liquids, firearms, cadavers, or school or correctional facility contraband. Dog means any member of the species canis familiaris. Dog Control Officer means any individual appointed by the Town to assist in the enforcement of this Local Law or any authorized officer, agent or employee of an incorporated humane society or similar incorporated dog protective association under contract with the Town to assist in the enforcement of this Local Law. Domestic animal means any domesticated sheep, horse, cattle, fallow deer, red deer, sika deer, whitetail deer, elk, which is raised under license from the New York State Department of Environmental Conservation, llama, goat, swine, fowl, duck, goose, swan, turkey, confined domestic hare or rabbit, pheasant or other bird which is raised in confinement under license from the New York State Department of Environmental Conservation before release from captivity, except that the varieties of fowl commonly used for cock fights shall not be considered domestic animals for the purposes of this Local law. Farm animal, as used in this Local Law, means any ungulate, poultry, species of cattle, sheep, swine, goats, llamas, horses or fur -bearing animals, as defined in New York State Environmental Conservation Law, which are raised for commercial or subsistence purposes. Fur -bearing animal shall not include dogs or cats. Guide dog means any dog that is trained to aid a person who is blind and is actually used for such purpose, or any dog owned by a recognized guide dog training center located within the State of New York during the period such dog is being trained or bred for such purpose. Harbor means to provide food or shelter to any dog. Hearing dog means any dog that is trained to aid a person with a hearing impairment and is actually used for such purpose, or any dog owned by a recognized training center located within the State of New York during the period such dog is being trained or bred for such purpose. Identification tag means a tag issued by the Town or other licensing municipality which sets forth an identification number, together with the name of the municipality, the State of New York, contact information, including telephone number for the municipality, and such other information as the licensing municipality deems appropriate. Identified dog means any dog carrying an identification tag. PAGE 157 Municipality means any county, town, city or village. New York State Agriculture and Markets Law means the Agriculture and Markets Law of the State of New York in effect as of the effective date of January 01, 2011 and as amended thereafter. Owner means any person who harbors or keeps any dog. If a dog is not licensed, the term of "owner" shall designate and cover any person or persons, firm, association or corporation who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any dog which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this Local Law shall be held and deemed to be the owner of such dog for the purpose of this Local Law. In the event any dog found to be in violation of this Local Law shall be owned by a minor (under 18 years of age), the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this Local Law. Owner of record means the person purchasing the license or in whose name any dog was last licensed. An owner of record shall be 18 years of age or older. Person means any individual, corporation, partnership, association or other organized group of persons, municipality, or other legal entity. Police work dog means any dog owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes. Recognized registry association means any registry association that operates on a nationwide basis, issues certificates and keeps such records as required by the Commissioner of Agriculture. Service dog means any dog that has been or is being individually trained to do work or perform tasks for the benefit of a person with a disability, provided that the dog is or will be owned by such person or that person's parent, guardian or other legal representative. Therapy dog means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes and other settings and is actually used for such purpose, or any dog owned by a recognized training center located within the state during the period such dog is being trained or bred for such purpose. Town means the area within the corporate limits of the Town of Cortlandville, including the Village of McGraw. Town Board means the Cortlandville Town Board. Town Clerk means the Cortlandville Town Clerk. Unaltered shall refer to any dog that is not spayed or neutered. War dog means any dog which has been honorably discharged from the United States armed services. Working search dog means any dog that is trained to aid in the search for missing persons, is actually used for such purpose and is registered with the department; provided, however, that such services provided by said dog shall be performed without charge or fee. Section 6. Licensing. The Town Clerk of Cortlandville is solely authorized to issue licenses for the Town and for the Village of McGraw. The pound, shelter or Dog Control Officer is not authorized under this Local Law to issue dog licenses for dogs redeemed or adopted. 1. Application for Original License. a. The owner of any dog reaching the age of four months shall immediately make application to the Town Clerk for a dog license on a form provided by the Town Clerk. No license shall be required for any dog which is under the age of four months, or any dog that is residing in a pound or shelter maintained by or under contract or agreement with the state or any county, city, town or village, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog protective association. b. In the case of a dog being redeemed or a dog being adopted from a shelter or pound the Town Clerk and the manager of the facility shall establish a licensing procedure that is agreeable to the Town. PAGE 158 2. Rabies Vaccination Required. All applications for a dog license shall be accompanied by a valid rabies certificate signed by a licensed veterinarian or, in lieu thereof, a statement certified by a licensed veterinarian stating that the dog is too young to be vaccinated or because of old age or another reason, the life of the dog would be endangered by the administration of vaccine. In the case of a dog being redeemed or adopted from a shelter copies shall be forwarded to the Town Clerk. Such records shall be kept on file by the Town Clerk and be made available upon request for rabies and other animal disease control efforts. 3. Spay/Neuter Certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he/she has examined such dog and found such dog to be altered. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Part 6 of this Section. 4. Expiration of License. An original license shall be issued for a period of one year, and shall expire on the last day of the month of the period for which they are issued. 5. Application for Renewal License. a. License renewal forms shall be mailed by the Town Clerk. b. A new rabies certificate shall be required if the one on file has expired or expires within 30 days of the date of renewal. An in -lieu -of statement as described in Part 2 of this Section may be substituted for a rabies certificate. New rabies certificates and statements shall be kept on file by the Town Cleric. c. A spay/neuter certificate shall not be required if one is already on file with the Town Clerk. In a case where the dog has been altered during the preceding year, the certificate shall be presented to the Town Clerk in order to receive the reduced fee for an altered dog. Such certificate shall be kept on file by the Town Clerk. d. The renewal shall expire on the last day of the month in the same month that it was originally issued. e. Renewing early or late, shall not change the renewal month. However, owners having more than one dog may request common renewal dates for their licenses, which may be granted at the discretion of the Town Clerk, provided that all other licensing and renewal requirements are met. No licensing fees will be prorated, refunded, or waved when accommodating such a request. f. Upon renewal the Town Clerk shall provide a validated license to the owner. The Clerk's copy shall be kept on file in accordance with the Records Retention and Disposition Schedule MU-1 issued by the New York State Archives and Records Administration. g. A late fee will be assessed after the fifteenth (15th) of each month for each dog not renewed from the prior month renewal date. Such fee shall be established by resolution of the Town Board. 6. License Fees. a. All applications for original licenses or renewals shall be accompanied by a fee established by resolution of the Cortlandville Town Board. The total fee for an unaltered dog shall be at least five dollars ($5.00) more than the total fee for an altered dog. b. All revenue derived from such fees shall be the sole property of the Town and shall be used only for controlling dogs and enforcing this Local Law and Article 7 of New York State Agriculture and Markets Law. Said revenue may also be used to subsidize the spaying or neutering of dogs or any facility as authorized under Article 7 of New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. c. No license fees are refundable or partially refundable in the event that a dog is lost, stolen, sold, given away, surrendered or deceased before the expiration of the license. d. In addition to the fees set by the Town Board, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered dog shall be charged for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. Money derived from such additional assessment may be used to subsidize the spaying and neutering of cats as well as dogs pursuant to Article 7 of New York State Agriculture and Markets Law. PAGE 159 7. Exemptions to License Fees. a. Licenses for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from license fees. Each copy of any license for such dogs shall be conspicuously marked "Guide Dog", "Hearing Dog", "Service Dog", "War Dog", "Working Search Dog", "Detection Dog", "Police Work Dog", or "Therapy Dog", as may be appropriate, by the Town Clerk. b. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog shall be exempt from the assessment mandates of Article 7 of New York State Agriculture and Markets Law. c. Appropriate documentation for any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog must be presented to the Town Clerk for an exemption to a license fee. 8. Identification of dogs. a. When a dog is originally licensed, a Town of Cortlandville identification number will be assigned and an identification tag shall be issued, which shall be worn by the dog at all times. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. b. Existing New York State Agriculture and Markets dog licenses being renewed or transferred in from another municipality shall be assigned a Town of Cortlandville identification number and an identification tag shall be issued. The New York State Agriculture and Markets tag or other municipal tag shall be surrendered to the Town Clerk and the Town of Cortlandville tag shall be worn by the dog at all times. c. A dog participating in a dog show is exempted from wearing an identification tag only for the duration of the show. d. No Town of Cortlandville identification tag shall be affixed to the collar of any dog other than the one to which it was assigned. e. Any guide dog, hearing dog, service dog, war dog, working search dog, detection dog, police work dog or therapy dog may wear a special tag for identifying such dog, provided that such tag shall be in addition to the identification tag issued by the Town. Such tag shall be a different color, shape and imprint than the Town identification tag and may be provided by the Town at the expense of the owner. f. Lost tags shall be replaced at the expense of the owner at a fee set by the Town Board. Such replaced tags will contain the same information as required by Section 8a. 9. Change of Address. When there is a change of address for the owner of record, the owner shall notify the Town Clerk within ten (10) days of such change. If the change is still within the Town, the Town Clerk will make the appropriate updates to the dog license record. If the change is located outside the Town, the Town Clerk shall make a note in the record and cancel the license. The Clerk shall forward a copy of the license to the Clerk of the municipality to which the owner has moved, informing said Clerk that the dog now resides in his/her municipality. 10. Change of Ownership. In the event of a change in the ownership of any dog licensed in the Town, the new owner shall immediately make application for a license for such dog. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. 11. Lost, Stolen or Deceased Dog. If any dog which has been licensed in the Town is lost, stolen or deceased, the owner of record shall notify the Town Clerk within ten (10) days of the discovery of such loss, theft or death. 12. Lists of Licensed Dog Owners. No dog licensing records, information, or lists shall be made available to any person for commercial purposes. PAGE 160 13. Purebred Licenses. a. The owner of three (3) or more unaltered purebred dogs registered by a nationally recognized registry association may make an application to the Town Clerk for a purebred license in lieu of the individual licenses required by Section 6, Subdivision 1. b. At the time of application, the Town Clerk shall assign an identification number. C. An identification tag will be issued to the holder of a purebred license. All purebred tags shall include the identification number assigned to the purebred license. The tag issued by the Town will identify the Town of Cortlandville, the identification number, the State of New York, contact information, including the telephone number of the municipality and such other information as the Town deems appropriate. Additional tags shall be paid for by the owner at a fee set by the Town Board. d. Application for a purebred license shall be on a form provided by the Town Clerk and shall include rabies vaccination certification as specified in Section 6, Subdivision 2 for every dog listed on the license. Certification for any altered dog shall be included as specified in Section 6, Subdivision 3. Such certificate(s) shall be kept on file by the Town Clerk. e. Copies of registry papers for every dog or a comprehensive list of registry numbers and associations shall be required and filed with the Town Clerk. f. All dogs over four months of age must be listed and included in the purebred license. g. Purebred licenses shall be issued for one year and renewed annually. h. All original applications and renewals of purebred licenses shall be accompanied by a fee as set by resolution of the Town Board. In addition, an assessment of three dollars ($3.00) for each unaltered dog and one dollar ($1.00) for each altered dog shall be added for the purpose of carrying out animal population control efforts as mandated by Article 7 of New York State Agriculture and Markets Law. No fee or portion thereof shall be refundable once the license is issued. i. Purebred licenses are not transferable. Upon change of ownership of any dog licensed under a purebred license, the new owner shall within ten (10) days make application for a license pursuant to Section 6, Subdivision 1, except when the new owner holds a valid purebred license and adds an additional dog to such purebred license. Additionally, the original owner of record shall notify the Town Clerk of the change of ownership within ten (10) days of such change. Such original owner of record shall be liable for any violation under this Local Law until such filing is made or until the dog is licensed in the name of the new owner. Section 7. Enumeration. Should an enumeration be conducted within the Town of Cortlandville including the Village of McGraw, and should a dog be identified as unlicensed during such enumeration, an additional fee shall be charged. The fee shall be the property of the Town and shall be used to pay the expenses incurred by the Town in conducting the enumeration. In the event the additional fees collected exceed the expenses incurred by the Town in conducting the enumeration in any year, such excess fees may be used by the Town for enforcing licensing, identification and control of dogs; for spaying and neutering of animals; and offsetting costs associated with licensing, identification and control of dogs and replacement of identification tags. The additional fee may be established by resolution of the Town Board. Section 8. Prohibited Acts. It shall be unlawful for: 1. Any owner to allow any dog to run at large. 2. Any owner to fail to restrain any dog by an adequate collar and leash unless it is accompanied by its owner or a responsible person able to control it by command, when not on the property of the owner. 3. Any owner to allow any dog to engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to unreasonably and habitually annoy and/or disturb any person other than the owner of such dog. PAGE 161 4. Any owner to allow any dog to cause damage or destruction to property or defecate, urinate, dig or otherwise commit a nuisance other than on the property of the owner of such dog. 5. Any owner to allow any dog to chase, jump upon or at, or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury. 6. Any owner to allow any dog to chase, run alongside of, bark at or otherwise harasses any motor vehicle, motorcycle, bicycle, carriage or any other vehicle or device used by persons for travel or any riders or occupants thereof while said vehicle or device is on a public highway or private property other than property of the owner of said dog. For purposes of this section, a horse or other animal shall be considered a vehicle or device. 7. Any owner to fail to license any dog at the age of four (4) months or older, or allow any dog to be unlicensed due to failure to renew a dog license. 8. Any owner to fail to have any dog identified by a valid and current Town dog license and identification tag. 9. Any person to knowingly affix to any dog any false or improper identification tag or any identification tag belonging to another dog. 10. Any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this Local Law or Article 7 of New York State Agriculture and Markets Law. 11. Any person to furnish any false or misleading information on any license or form, required by the Town, the Town's Dog Control Officer, or any shelter or pound servicing the Town. 12. Any owner to fail to notify the Town Clerk of any change of ownership, change of address, death or loss of any dog licensed in the Town. Establishment of the fact or facts that a dog has committed any of the acts prohibited by this Local Law shall be presumptive evidence against the owner of such dog that he/she has failed to properly confine, leash or control his/her dog. Section 9. Conditions for Keeping Dogs. All premises occupied by dogs shall be kept in a clean, sanitary condition. Adequate food, water, shelter and space must be provided for each dog owned. For the purpose of this Section, "adequate" shall mean sufficient for age, size and number of dogs on the premises, and prevailing weather conditions. Section 10. Female Dogs. All female dogs, while in season (heat), shall be confined to the premises of their owner and may only be left outside unattended in a fully enclosed structure. Any owner not adhering to this section shall be subject to having the dog seized by the Town's Dog Control Officer and removed to a shelter or pound for confinement. The owner of any dog seized pursuant to this section shall be subject to an impoundment fee. Section 11. Liability of Owner. 1. If a domestic, farm or companion animal is injured or killed as a result of being attacked, chased or worried by any dog(s), the owner of said dog(s) shall be liable for damage. The owner of such injured or killed animal may make a complaint to the Town's Dog Control Officer or a police officer who shall proceed pursuant to the Dangerous Dog Section of Article 7 of the New York State Agriculture and Markets Law. 2. In no event shall the Town of Cortlandville, the Village of McGraw, or the County of Cortland be held liable for any damage done by any dog(s). Section 12. Dangerous Dogs. 1. The determination of a Dangerous Dog and the prosecution of the owner of such a dog shall be pursuant to Article 7 of the New York State Agriculture and Markets Law. PAGE 162 2. In the event that a dog is determined by the Cortlandville Town Court to be a dangerous dog, the Court shall give written notice to the Town Clerk of such determination. The Town Clerk will make note within such dog's record, if applicable. Section 13. Enforcement/Appearance Ticket. Any Dog Control Officer or other person or persons, who are or may be lawfully authorized by the Town, shall, and all peace officers may, administer and enforce the provisions of this Local Law, and for such purpose shall have the authority to issue appearance tickets. Section 14. Seizure, Impoundment, Redemption and Adoption. 1. Any dog belonging to a person found in violation of any of the provisions of this Local Law may be seized pursuant to the provisions of Article 7 of the New York State Agriculture and Markets Law. 2. Any dog believed to be dangerous and which poses an immediate threat to the public safety may be seized and impounded. 3. Any dog may be seized and impounded, which has been judged to be a Dangerous Dog pursuant to Article 7 of the New York State Agriculture and Markets Law and whose owner has failed to obey a court order pertaining to said Dangerous Dog. 4. Every dog impounded shall be properly cared for, sheltered, fed and watered for the duration of said seizure, impoundment, redemption and or adoption. 5. Each dog which is not identified, whether or not licensed, shall be held for a period of five (5) days from the day seized during which period the dog may be redeemed by its owner. Said owner shall provide proof that the dog has been licensed pursuant to this Local Law and pay an impoundment fee to the Town Clerk. 6. The owner of such dog seized and impounded shall pay to the Town Clerk the following impoundment fees: Thirty dollars ($30.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof, within one (1) year of the first impoundment, of such dog owned by that person; or Fifty dollars ($50.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof for the second impoundment, within one (1) year of the first impoundment, of such dog owned by that person; or Seventy dollars ($70.00) for the first twenty-four (24) hours or part thereof and ten dollars ($10.00) for each additional twenty-four (24) hours or part thereof for the third and subsequent impoundments, within one (1) year of the first impoundment, of such dog owned by that person. 7. In the case of an identified dog, the owner of record shall be promptly notified by the Town's Dog Control Officer of the seizure and the procedure for redemption either personally serving such owner or a member of the family at least 18 years of age with a notice, in writing, stating that the dog has been seized and will be adopted or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law unless redeemed within the period herein provided. 8. Any owner of a dog seized and impounded may redeem the dog within five (5) days (12 days if the dog bears a license tag) by paying to the Town Clerk the impoundment fee. 9. If not redeemed the owner of a dog seized and impounded shall forfeit all title to the dog, and the dog shall be sold or destroyed pursuant to the provision of Article 7 of the New York State Agriculture and Markets Law. In the case of sale, the purchaser shall pay the purchase price of said dog to the Shelter where the dog is seized and impounded and also must obtain a license for the dog. 10. If the owner of any unredeemed dog is known, such owner shall be required to pay the impoundment fees required by this Section. 11. The seizure of any dog shall not relieve any person from any violation of this Local Law or Article 7 of the New York State Agriculture and Markets Law. 12. The owner of any dog seized and impounded within the Town or Village limits, that is also unlicensed, shall pay the Town Clerk an additional fee for being unlicensed. Such fee shall be established by resolution of the Town Board. PAGE 163 Section 15. Complaint. 1. Any Town -designated Dog Control Officer or Agency having reasonable cause to believe that a violation of this Local Law has been committed in his/her presence shall issue and serve upon such person an appearance ticket for such violation. 2. Any person who observes a dog in violation of this Local Law may file a complaint, under oath, with a Town -designated Dog Control Officer or Agency specifying the nature of the violation, the date thereof, a description of the dog, the location of the violation and the name and residence, if known, of the owner of such dog. Such complaint may serve as the basis for enforcing the provisions of this Local Law. 3. Upon receipt by the Town -designated Dog Control Officer or Agency of any such complaint, that Officer or Agency shall issue an appearance ticket to the alleged owner of the dog to appear before the Cortlandville Town Court at a date and time specified by such court. Section 16. Violations and Penalties. 1. A plea or conviction of a violation of this Local Law shall be prosecuted pursuant to penal law, by a fine of not less than twenty-five dollars ($25.00), except: a. Where a person is found to have violated this Local Law or any prior Town of Cortlandville Dog Law within the preceding five (5) years, the fine may be not less than fifty dollars ($50.00), and b. Where the person is found to have violated this Local Law or any prior Town of Cortlandville Dog Law on two or more occasions within the preceding five (5) years, the violation shall be punishable by a fine of not less than one hundred dollars ($100.00) or imprisonment for not more than fifteen (15) days, or both. 2. For the purpose of conferring jurisdiction upon courts and judicial officers generally, offenses of this Local Law shall be deemed violations and for such purposes only all provisions of law relating to violations shall apply. 3. No owner of a dog who has a court proceeding pending within the Cortlandville Town Court regarding such dog will be allowed to license such dog until the court proceeding within the Cortlandville Town Court is concluded. For purposes of this section an adjournment in contemplation of dismissal, conditional discharge or similar disposition shall not prevent the issuing of a license. Section 17. Additional Penalties. 1. Pursuant to Article 7 of the New York State Agriculture and Markets Law, any person who intentionally refuses, withholds, or denies a person, because he/she is accompanied by an on -duty police work dog, working search, war, or detection dog, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars ($200.00) for the first violation and up to four hundred dollars ($400.00) for each subsequent violation. 2. Pursuant to Article 7 of the New York State Agriculture and Markets Law, any person who for the purpose of participating in the animal population control program shall falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, duly incorporated humane society or duly incorporated dog or cat protective association or who shall furnish any licensed veterinarian of this state with inaccurate information concerning his/her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to this Local Law and/or Section 117 of New York State Agriculture and Markets Law, and any veterinarian who shall furnish false information concerning animal sterilization fees shall be guilty of a violation prosecuted pursuant to the New York State Penal Law punishable by a fine of not less than two hundred and fifty dollars ($250.00). Section 18. Disposition of Fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this Local Law or Article 7 of the New York State Agriculture and Markets Law and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the PAGE 164 financial officer of such municipality. Such moneys shall be used only for controlling dogs and enforcing this Local Law. Said revenue may also be used to subsidize the spaying or neutering of dogs, by any facility as authorized under Article 7 of the New York State Agriculture and Markets Law, and subsidizing public humane education programs in responsible dog ownership. Section 19. Nonliability. No action shall be maintained against the Town of Cortlandville, the Village of McGraw, the Town Dog Control Officer, or any person or persons lawfully authorized by the Town when performing duties pursuant to this Local Law or Article 7 of the New York State Agriculture and Markets Law to recover the possession or value of any dog, or for damages for injury or compensation for the destruction of any dog seized or destroyed pursuant to the provisions of this Local Law or Article 7 of the New York State Agriculture and Markets Law. Section 20. Separability 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 the Local Law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional. Section 21. Repealer. This Local Law shall supersede all prior Local Laws, ordinances, rules and regulations relative to the licensing, identification, control and fee schedules of dogs within the Town and they shall be, upon the effectiveness of this Local Law, null and void. Section 22. Effective Date. This Local Law shall take effect the 1" day of January 2011 upon the filing with the Secretary of the Department of State. 1 TOWN OF CORTLANDVILLE PAGE 165 TOWN BOARD MEETING OF APRIL 4, 2012 FILED WITH THE STATE EFFECTIVE APRIL 19, 2012 RESOLUTION #63 ADOPT LOCAL LAW NO. 1 OF 2012 IMPOSING A MORATORIUM ON PLACEMENT OF COMMERCIAL WIND FARM FACILITIES Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities", and WHEREAS, notice of said public hearing was, :duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Title This Local Law shall be referred to as the "Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities". Section 2. Purpose and Intent Pursuant to the statutory powers vested: is the Town of Cortlandville, to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Cortlandville hereby declares a moratorium on the establishment, placement, construction, enlargement and erection of Commercial Wind Farm Facilities in the Town. The integration of these commercial facilities within the Town's existing pattern of predominantly residential and agricultural land use emphasizes the need for suitable siting, land use and zoning standards and controls with reference to wind farm facilities. The Town Board of the Town of Cortlandville desires to address, in a careful manner, the establishment, placement, construction, enlargement and erection of commercial wind farm facilities on a comprehensive Town -wide basis, rather than on an ad hoc basis, and to adopt Land Use Local Law provisions to specifically regulate same. Section 3. Scope of Controls A. During the effective period of this Local Law: 1. The Town Board, the Town Planning Board and the Town Zoning Board of Appeals shall not grant any approvals that would have. as the result the establishment, placement, construction, enlargement or erection of a commercial wind farm facility in the Town. PAGE 166 2. The Town Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special use permit or other permit that would have as a result the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 3. The Town Zoning Board of Appeals shall not grant any variance or other permit for any use that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 4. The Town Planning and Zoning Officer and the Code Enforcement Officer of the Town shall not issue any permit that would result in the establishment, placement, construction, enlargement or erection of a commercial wind farm facility within the Town. 5. The Town Board of the Town of :"Cortlandville reserves the right to direct the revocation or recision any building permits or certificates of occupancy issued in violation of this Local Law. Section 4. No Consideration of New Applications No applications for construction affected by this Local Law or for approvals for a site plan, subdivision, variance, special use permit or other permits shall be considered by any board officer or agency of the Town while the moratorium imposed by this Local Law is in effect. Section 5. Term The moratorium imposed by this Local Law shall be in effect from its effective date until December 31, 2012, unless extended by Resolution of the Town Board. Section 6. Penalties Any person, firm or corporation that shall establish, place, construct, enlarge or erect any Commercial wind farm facility in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to: A. Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Town for violations; and B. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this Local Law and, if necessary, to remove any construction that may have taken place in violation of this Local Law. Section 7. Validity The invalidity of any provision of this Local Law shall not affect the validity of any other provision of this Local Law that can be given effect without such invalid provision. Section 8. Hardship A. Should any owner of property affected by this Local Law suffer an unnecessary hardship in the way of carrying out the strict letter of this Local Law, then the owner of said property may apply to the Town Board of the Town of Cortlandville in writing for a variation from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision, or other permit during the period of the moratorium imposed by this Local Law. B. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a variation of this Local Law, the Town Board shall, within thirty (30) days of receipt of said application, schedule a Public Hearing on said application upon five (5) days' written notice in the official newspaper of the Town. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within fifteen (15) days of the close of PAGE 167 said Public Hearing, render its decision either granting or denying the application for a variation from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an unnecessary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. Section 9. Effective Date This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. 1 1 TOWN OF CORTLANDVILLE PAGE 168 TOWN BOARD MEETING OF JUNE 19, 2013 FILED WITH THE STATE EFFECTIVE JUNE 25, 2013 RESOLUTION #124 ADOPT LOCAL LAW NO. 1 OF 2013 WIND ENERGY FACILITIES Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law for Wind Energy Facilities in the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full Environmental Assessment Form for Local Law No. 1 of 2013, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2013, Wind Energy Facilities, amending the Town of Cortlandville's Zoning Code to add Article XIX-A, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it hereby enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Local Law No. 1 of 2013, entitled "WIND ENERGY FACILITIES," is hereby adopted to read in its entirety as follows: Article I WIND ENERGY FACILITIES §1 Title. This Local Law may be cited as the "Wind Energy Facility Law of the Town of Cortlandville, New York." §2 Purpose. The Town Board of the Town of Cortlandville adopts this Local Law to promote the effective and efficient use of the Town's wind energy resource through Wind Energy Conversion Systems (WECS), and to regulate the placement of such systems so that the public health, safety, and welfare will not be jeopardized. PAGE 169 §3 Authority. The Town Board of the Town of Cortlandville enacts this Local Law under the authority granted by: A. Article IX of the New York State Constitution, §2(c)(6) and (10). B. New York Statute of Local Governments, § 10(1) and (7). C. New York Municipal Home Rule Law, § 10 (1)(I) and (ii) and §10 (1)(a)(6), (11), (12), and (14). D. New York Town Law § 130(1)(Building Code), (3)(Electrical Code), (5)(Fire Prevention), (7)(Use of streets and highways), (7-a)(Location of Driveways), (11)(Peace, good order and safety), (15)(Promotion of public welfare), (15-a)(Excavated Lands), (16)(Unsafe buildings), (19)(Trespass), and (25) Building lines). E. New York Town Law § 135 and 138. F. New York Town Law §64(17-a) protection of aesthetic interests), (23)(General powers). §4 Findings. The Town Board of the Town of Cortlandville finds and declares that: A. Wind energy is an abundant and renewable energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources. B. The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and existing power distribution systems can be used to transmit electricity produced. C. Regulations of the siting and installation of wind turbines are necessary for the purpose of protecting the health, safety, and welfare of participating and non -participating neighboring property owners and the general public. D. If not properly sited, Wind Energy Facilities can represent significant potential aesthetic impacts because of their large size, lighting, and shadow flicker effects. E. If not properly regulated, installation of Wind Energy Facilities can create drainage problems through erosion and lack of sediment control for facility and access road sites, and harm farmlands through improper construction methods F. If not properly sited, Wind Energy Facilities may present an undue risk to bird, bat and other wildlife populations. G. If not properly sited, Wind Energy Facilities could conceivably present the risk of diminution of property values of non -participating or adjoining properties. H. Wind Energy Facilities may be significant sources of noise, shadow flicker and vibrations, which can negatively impact the health of non -participating or adjoining property residents. I. Without proper planning, regulation, and construction of Wind Energy Facilities can create traffic problems and damage local roads. J. If improperly sited, Wind Energy Facilities can cause electromagnetic interference issues with various types of communications. K. The installation of Wind Energy Facilities may affect ground water supplies. L. Distance of setbacks should take into consideration the potential hazards of ice throws, blade breakage, and tower collapse PAGE 170 M. Wind Energy Facilities may have an effect on future sub -divisions, commercial, residential, or any other development. §5 Permits Required; Transfer; Modification. A. A wind energy permit is required for any Wind Energy Facility constructed in the Town of Cortlandville. B. All construction and any restoration or modifications of any Wind Energy Facility, WECS, Small Wind Energy Conversion System, Wind Measurement Tower or part thereof that is located in agricultural areas will be done to the maximum extent practicable according to the New York State Dept. of Agriculture and Market Guidelines for Agricultural Mitigation for Wind Power Projects, subject to landowner approval. Local zoning laws shall govern the placement of each WEF. C. No Wind Measurement Tower greater than 18 feet high shall be constructed, reconstructed, modified, or operated in the Town of Cortlandville except pursuant to a Wind Energy Permit issued pursuant to this local law. No permit shall be issued for such construction, reconstruction, modification or operation except in those areas zoned Agricultural. D. No Small Wind Energy Conversion System shall be constructed, reconstructed, modified, or operated in the Town of Cortlandville except pursuant to a Wind Energy Permit issued pursuant to this local law. This law shall not govern small Wind Energy Conversion Systems constructed prior to the effective date of this local law unless they are reconstructed or modified. E. Exemptions. No permit or other approval shall be required under this Local Law for mechanical non -electrical WECS utilized solely for agricultural operations, provided the Town Board finds such proposed system or structure exempt or otherwise issues a waiver pursuant to provisions of Article V hereof. In considering an exemption, the Town Board shall find that the proposed location and height of such structure/system does not adversely affect the public health, safety and welfare of the adjoining parcels and property owners. F. Transfer. No transfer of any Wind Energy Facility, Wind Energy Permit or sale of the entity holding the permit for such facility or the sale of more than 15% of the stock of said Permitted (not counting sales of shares on a public exchange), to a third party, will occur without prior approval of the Town. Said approval shall be granted only upon the Town Board finding that the Transferee has provided a written assumption of all the Transferor obligations under this Local Law of the Wind Energy Permit, including but not limited to the Host Agreement, Pilot Agreement, Cash Deposits and such other agreements relative to the Wind Energy Facility, in a form acceptable to the Town Attorney. No transfer shall reduce the Permitee or any other party's total obligations owed to the Town under this Local Law, except in the manner as provided herein. G. Notwithstanding the requirements of this Section, replacement in kind of a Wind Energy Facility requires Town Board approval. Due to technology changes, the possible reasons for all WEF replacements require full review under this ordinance. §6 Definitions. As used in this Local Law, the following terms shall have the meanings indicated: AMBIENT SOUND — Ambient sound encompasses all sound present in a given environment, being usually a composite of sounds from many sources near and far. It includes intermittent noise events, such as, from aircraft flying over, dogs barking, wind gusts, mobile farm or construction machinery, and the occasional vehicle traveling along a nearby road. The ambient also includes insect and other nearby sounds from birds and animals or people. The near -by and transient events are part of the ambient sound environment but are not to be considered part of the long-term background sound. PAGE 171 ANSI — refers to or means the AMERICAN NATIONAL STANDARDS INSTITUTE. APPLICANT — The person or entity filing an application and seeking license under this local law. BACKGROUND SOUND — Background Sounds are those heard during lulls in the Ambient Sound environment and represent the quietest 10% of the time, for example the quietest six minutes during a sixty -minute interval dBA — A -Weighted Sound Pressure Level. A measure of over-all sound pressure level designed to reflect the response of the human ear, which does not respond equally to all frequencies. It is used to describe sound in a manner representative of the human ear's response. It reduces the effects of the low frequencies with respect to the frequencies centered around 1000 Hz. The resultant sound level is said to be "Weighted" and the units are "dBA". Sound level meters have an A -weighting network for measuring A -weighted sound levels (dBA) meeting the characteristics and weighting specified in ANSI Specifications for Integrating Averaging Sound Level Meters, 51.43-1997 for Type 1 instruments and be capable of accurate readings (corrections for internal noise and microphone response permitted) at 20 dBA or lower. In this law dBA means LAeq unless specified other wise. dBC — C-Weighted Sound Pressure Level. Similar in concept to the A -Weighted sound Level (dBA) but C-weighting does not de-emphasize the frequencies below lk Hz as A -weighting does. It is used for measurements that must include the contribution of low frequencies in a single number representing the entire frequency spectrum. Sound level meters have a C- weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and weighting specified in ANSI SI.43-1997 Specifications for Integrating Averaging Sound Level Meters for Type 1 instruments. In this law dBC means L unless specified other wise. {28770/23890/SKP/00335758.DOC) 5 DECIBEL (dB): Means a standard unit for measuring the sound pressure level. It is equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to a reference pressure, which is 20 micropascals. EAF - Environmental Assessment Form used in the implementation of the SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations. NON -PARTICIPANT — Any and all Cortlandville landowners having no contractual relationship with a wind developer. PARTICIPANT — Any and all Cortlandville landowners having any contractual relationship with a wind developer. QUALIFIED ACOUSTICAL CONSULTANT — A person with demonstrated competence in the specialty of community noise testing and evaluation who is contracted by the Town for purposes of noise measurement or evaluation of noise analysis or noise complaints. An example is a person with full membership in the Institute of Noise Control Engineers (INCE) or other specialist who is qualified by education and experience in acoustics and regularly engaged in community noise testing. While such a consultant is preferably also a licensed professional engineer, such licensure does not by itself establish qualification for community noise testing or analysis without further qualification. The Qualified Independent Acoustical Consultant can have no financial relationship with the Wind Energy Facility developer or related entity. RESIDENCE - means any building suitable for habitation existing in the Town of Cortlandville on the date an application is received. A Residence may be part of a multi -dwelling or multipurpose building, but shall not include buildings such as hunting camps, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, schools or other buildings used for educational purposes, or correctional institutions. ROTOR DIAMETER — The diameter of the largest swept area of a rotating turbine blade. SEQRA - the New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617. PAGE 172 SETBACKS — a distance measured from the centerline of the road right-of-way, property lines, village limits, edge of wetlands, or closest point of non -participating property line to the base of the turbine or measurement tower. SHADOW FLICKER — the visual effect of viewing the moving shadow of the Wind Energy Conversion System (WECS) rotor blades when they are in a position between the receptor (person viewing them) and the sun and/or the "strobe" lighting effect of this condition as perceived by the receptor whether directly or indirectly (as in a reflection off a light colored wall). SITE - The parcel(s) of land where a Wind Energy Facility is to be placed. The Site can be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple contiguous lots are in the same ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property, which has a Wind Energy Facility or has entered an agreement for said Facility or a setback agreement should not be considered off -site. SMALL WIND ENERGY CONVERSION SYSTEM ("Small WECS")-- A wind energy conversion system that consists of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 10 kW and which is intended to primarily reduce consumption of utility power at that location. SOUND LEVEL - also referred to as Noise Level, means the sound pressure level (SPL) obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications of sound level meters (ANSI SIA-1971, or the latest approved revision thereof). The unit of measurement is the decibel. If the frequency weighting employed is not indicated, the A -weighting shall apply. SOUND PRESSURE LEVEL -- means the level which is equaled or exceeded a stated percentage of time. An L10 - 50 dBA indicates that in any hour of the day 50 dBA can be equaled or exceeded only 10% of the time, or for 6 minutes in an hour. The measurement of the sound pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 6 1400-1 1), or other accepted procedures, utilizing the most current method applicable to wind turbines as determined by either the Town of Cortlandville Town Engineer, or by the Town of Cortlandville Qualified Independent Acoustical Consultant TOTAL HEIGHT-- The height of the tower to the furthest vertical extension of the WECS. This is to be measured from pre-existing original grade. TOWER HEIGHT — The height of the tower from the finished ground elevation at the tower base to the center of the hub forming the attachment point for turbine blades. WIND ENERGY CONVERSION SYSTEM (WECS) - A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill), and is intended for commercial use, as opposed to the small WECS WIND ENERGY FACILITY (WEF) -- Any Wind Energy Conversion System, Small Wind Energy Conversion System or Wind Measurement Tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures to such systems. WIND MEASUREMENT TOWER - A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction. WIND ENERGY PERMIT - A permit granted pursuant to this Local Law granting the holder the right to construct, maintain and operate a Wind Energy Facility. YEAR - As used in this Local Law, a year shall be measured from the date of permit issue. PAGE 173 §7 Applicability. A. The requirements of this Local Law shall apply to all Wind Energy Facilities proposed, operated, modified, or constructed after the effective date of this Local Law, including any wind Energy Facility applied for, but not yet approved, prior to the date of this local law. B. Wind Energy Facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this Local Law, shall not be required to meet the requirements of this Local Law; provided, however, that: 1. Any such preexisting Wind Energy Facility, which does not provide energy for a continuous period of twelve (12) months, shall meet the requirements of this Local Law prior to recommencing production of energy. 2. No modification or alteration to a preexisting Wind Energy Facility shall be allowed without full compliance with this Local Law. 3. Any Wind Measurement Tower greater than18 feet high existing on the effective date of this Local Law shall be removed no later than twenty-four (24) months after said effective date, unless a Wind Energy Permit for a Wind Energy Facility is obtained. § 8-9 Reserved for Future Use Article II Wind Energy Conversion Systems §10 Applications for Wind Energy Permits for Wind Energy Conversion Systems. An application for a Wind Energy Permit for individual Wind Energy Conversion System shall include the following: A. Name, address, telephone number of the Applicant. If the Applicant is represented by an agent, the application shall include the name, physical address and telephone number of the agent as well as an original signature of the Applicant authorizing the representation. B. Name, address, telephone number of the property owner. If the property owner is not the Applicant, the application shall include a letter or other written permission signed by the property owner (I) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. C. Address, or other property identification, of each proposed tower location, including Tax Map section, block and lot number, and coordinates. D. A description of the project, including the number and maximum rated capacity (i.e. 1MW, 1.5MW, etc.) of each Wind Energy Conversion System. E. A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following: a. Property lines and physical dimensions of the Site; b. Location, approximate dimensions and types of major existing structures and uses on the Site, public roads, and properties within five hundred (500) feet of the boundaries of the proposed Wind Energy Conversion System site. c. Location and elevation of each proposed WECS identified by specific I.D. #, to be assigned by the Town d. Location of all above ground utility lines, transformers, power lines, interconnection point with transmission lines and other ancillary facilities or structures on the Site or within 1,500 feet of the Wind Energy Conversion System. e. Location and size of structures above 35 feet within a 1,500-foot radius of a proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures. PAGE 174 f. To demonstrate compliance with the setback requirements of this Article, circles drawn around each proposed tower location equal to: i. Two times the Total Height. ii. Five times the Total Height of the proposed WECS. iii. 3,280 feet (1,000 meters). g. Location of all structures with residences on the Site h. Location of all structures with residences within 3,280 feet of the proposed WECS. i. All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing. j. The names and addresses of all property owners within a one mile radius of each WECS, together with evidence of the current use of all such property. F. Vertical drawings of the Wind Energy Conversion System showing Total Height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing must be submitted for each Wind Energy Conversion System of the same type and total height. G. Landscaping Plan to scale depicting existing vegetation and describing any areas to be cleared and the species proposed to be added, identified by species and size of species at installation and their locations. H. Lighting Plan showing any FAA -required lighting and other proposed lighting. The application should include a copy of the certification by the Federal Aviation Administration to establish required markings and/or lights for the structure, but if such determination is not available at the time of the application, the Wind Energy Permit shall require the determination be provided prior to commencement of construction of the WECS. I. Decommissioning Plan: The Applicant shall submit a decommissioning plan, which shall include: 1) the anticipated life of the WECS; 2) the estimated decommissioning costs in current dollars; 3) how said estimate was determined; 4) ensuring that funds will be available for decommissioning and restoration consistent with Section 'I I C; 5) acknowledgment that the decommissioning costs shall be re -estimated, by a licensed engineer, every three years, and that the decommissioning cost will be kept current indexed to inflation; 6) the manner in which the WECS will be decommissioned and the Site restored, which shall include removal of all structures and debris to a depth of 4 feet, restoration of the soil, and restoration of vegetation (consistent and in substantial compliance with pre-existing conditions and with surrounding vegetation), except any fencing or residual minor improvements requested by the landowner and approved by the Planning Board. J. Complaint Resolution: The application will include a statement that the operator will adhere to the Cortlandville complaint resolution process. K. An application shall include information relating to the construction/installation of the wind energy conversion facility as follows: a. A construction schedule describing commencement and completion dates b. Blasting schedule if known at the time of application c. A description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles. L. Completed Part I of the Full Environmental Assessment Form (FEAF) M. Applications for Wind Energy Permits for Wind Measurement Towers subject to this Local Law may be jointly submitted with the WECS application. N. For each proposed WECS, include make, model, photograph and manufacturers specifications, including noise decibel data and wind speed specifications. Include Manufacturers' Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment including, but not limited to, all lubricants and coolants. O. If the Applicant agrees in writing in the application that the proposed WECS may have a significant adverse impact on the environment, the Lead Agency may issue a positive declaration of environmental significance or if a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be PAGE 175 included in the Draft Environmental Impact Statement (DEIS) prepared for a Wind Energy Facility. In either case, the following studies shall be submitted: (a) Shadow Flicker: The applicant shall conduct a study on potential shadow flicker. The study shall accurately identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences or highways and detail measures that will be taken to mitigate or eliminate such interference. (b) Visual Impact: Applications shall include a visual impact study of the proposed WECS as installed, which shall include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of each proposed Site from at least two locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence. (c) Fire Protection/Emergency Response Plan: A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed Wind Energy Facility to address coordination with local emergency/fire protection providers during any construction or operation phase emergency, hazard or other event. (d) Noise Analysis: A noise analysis by a competent acoustical consultant selected by the Town of Cortlandville documenting the estimated noise levels associated with each proposed WECS. The study shall document worst -case estimated noise levels at property lines and at the nearest residence not on the Site (if access to the nearest residence is not available, the Cortlandville Planning Board may modify this requirement). The noise analysis shall be performed according to the International Standard For Acoustic Noise Measurement Techniques For Wind Generators (IEC 61400-11), or other procedure accepted by the Town Planning Board, and shall include both a dBA analysis and dBC analysis. Worst -case noise impact will be estimated at night under stable wind conditions where minimal wind occurs at ground level, but turbines are operating. It shall also include a report prepared by a qualified professional that analyzes the preexisting background noise levels. The report shall describe the project's proposed noise -control features. (e) Property Value Analysis: Property value analysis prepared by a licensed appraiser and approved by the Cortlandville Planning Board in accordance with industry standards, regarding the potential impact of the project on values of properties in the Town of Cortlandville. The application must include the Real Estate Property Value Assurance Plan (REPVAP) as outlined in §27 of this Local Law. (f) Electromagnetic Interference: An assessment of potential electromagnetic interference with microwave, radio, television, satellite systems, personal communication systems, heart pacemakers, and other wireless communication, weather and other radar shall be prepared. (g) Transportation Impacts: An analysis of impacts on local transportation shall be prepared, regarding impacts anticipated during construction, reconstruction, modification, or operation of each WECS. Transportation impacts to be considered shall include, at a minimum, potential damage to local road surfaces, road beds and associated structures; potential traffic tie-ups by haulers of WECS' materials; impacts on school bus routes; impacts of visitors to the WECS' facilities. Local roads shall include all state highways, county highways, town highways, and village streets and highways, which will be or may be used by the applicant. (h) Transportation Plan: A transportation plan describing routes to be used in delivery of project components, equipment and building materials, and those to be used to provide access to the Site during and after construction. Such plan shall also describe any anticipated improvements to existing roads, bridges or other infrastructure, and measures to restore damaged/disturbed access routes following construction. Roads shall include all state highways, county highways, town highways, and village streets and highways, PAGE 176 which will be or may be used by the applicant. (i) Environmental Impacts: An analysis of impacts on local ground water resources shall be prepared, regarding impacts anticipated during construction, reconstruction, modification or operation of each WECS. An assessment of potential immediate and long-term impacts to local flora and fauna, micro and macro habitats, and ground and surface water related, but not limited to, excavation, blasting, clear -cutting and grading during the Site preparation phase. A geotechnical report shall include: soils engineering and engineering geologic characteristics of the Site based on Site sampling and testing, a depth -to -bedrock profile within one (1) mile of the Site, information on depth of well, average flow rate, and with permission by owner, test of water quality for all wells within 500 feet of the Site, grading criteria for ground preparation, cuts and fills, soil compaction, and a slope stability analysis. (j) Cultural, Historical and Archeological Resources Plan: An analysis of impacts on cultural, historical and archeological resources shall be prepared, regarding impacts anticipated during construction, reconstruction, modification or operation of each WECS. This assessment shall be conducted in accordance with the New York State Office of Parks, recreation and Historic Preservation. (k) Wildlife Impacts: An analysis of impacts on local wildlife shall be prepared, regarding impacts anticipated during construction, reconstruction, modification, or operation of each WECS. Wildlife impacts to be considered shall include, at a minimum, anticipated impacts on flying creatures (birds, bats, insects), as well as wild creatures existing at ground level. An assessment of the impact of the proposed development on the local flora and fauna will include migratory and resident avian species, bat species. The scope of such assessment shall be developed in consultation with the New York State Department of Environmental Conservation and the United States Fish and Wildlife Service and must at a minimum consist of pre -construction data of three years, and literature survey for threatened and endangered species that provide relevant information on critical flyways, and shall describe the potential impacts of any proposed facilities on bird and bat species, and an avoidance or mitigation plan to address any impacts, as well as plans for three- year post -installation studies. (1) Operation and Maintenance Plan: An operation and maintenance plan providing for regular periodic Wind Energy Facility schedules, any special maintenance requirements and procedures and notification requirements for restarts during icing events. (m) Blade Throw and Ice Throw Report: A report from a New York State professional engineer that calculates the maximum distance that ice from the turbine blades and pieces of turbine blade may be thrown. (The basis of the calculation and all assumptions must be disclosed.) The incidence of reported ice and blade throws and the conditions at the time of the ice and blade throw must be included. (n) Stray Voltage Report: An assessment,_ pre- and post -installation, of possible stray voltage impacts on the Site and neighboring properties within one (1) mile of the project boundary to show what properties need upgraded wiring and grounding. (o) An analysis of the impact of vibration on structures from the WECS on adjacent, adjoining or non -participating properties. P. The applicant shall, prior to approval of this project by the Cortlandville Planning Board, provide proof that it has executed an Interconnection Agreement with the New York Independent System Operator and the applicable Transmission Owner. Applicant shall also provide proof of complying with Public Service Commission power purchase requirements. Q. A statement, signed under penalties of perjury that the information contained in the application is true and accurate. R. Proof of continuous liability insurance in the amount of $5,000,000 per occurrence with a total policy minimum of $20,000,000 per year. This shall be submitted to the Town of Cortlandville indicating coverage for potential damages or injury to landowners. S. Disclosure of Financial Interests. For any financial interest held by a Municipal Officer or his or her relative in any wind development company or its assets within ten years prior to the PAGE 177 date of an application for a permit under this local law, the Applicant shall disclose in a separate section of the application the Municipal Officer or his or her relative, the addresses of all persons included in the disclosure, and the nature and scope of the financial interest of each person. The disclosure shall include all such instances of financial interest of which the Applicant has knowledge, or through the exercise of reasonable diligence should be able to have knowledge, and the format of the submission shall be subject to the approval of the Town Board. T. An accurate twelve-month survey of wind speed data obtained from an independently installed wind measurement tower and certified by NYSERDA to determine if it meets the minimum wind speed criteria in NYS for efficient wind power production. U. Copies of all applications and proposed plans shall be made available to the public within seven days of receipt by the Cortlandville Planning Board and placed in the Town Clerk's office and placed on the Town of Cortlandville web site by the Town Clerk. §11 Application Review Process. A. Applicants may request a pre -application meeting with the Planning Board or with any consultants retained by the Planning Board for application review. Meetings with the Planning Board shall be conducted in accordance with the Open Meetings Law. B. Ten copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any waiver of any provision of this Article is requested then an application for a waiver and fee shall be submitted, together with the application for a WECS. The waiver application shall comply with Article V and provide in detail the requirement that is being requested to be waived and address the factors in Article V. All waiver requests shall be publicly noticed and shall be heard and may be considered with, prior to or concurrently with the Application for a Wind Energy Permit. Applicant may submit a combined application for WECS and associated WEF C. Town Clerk shall forward notice of the Application to the Planning Board. The Planning Board shall designate a Consultant to review the Application and direct the Clerk to forward a copy of the application to the Consultant. The Consultant shall, within 45 days of receipt review the application to determine if all information required under this local law has been provided. With the written consent of the Planning Board, this period may be extended no more than an additional 90 days. If the application is found not to comply the Consultant shall provide the Planning Board a written statement detailing the missing information. D. If the application is incomplete, the Planning Board shall provide the Applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional application fee shall be required upon submittal of the additional information unless the number of WECS proposed is increased or the application is substantially changed, for the purpose of this provision adding additional properties to the WECS Site shall be deemed a substantial change. Upon a resubmission, the application shall be returned to the Consultant for their determination as provided in subparagraph 11 (C) hereof, any additional fees for review by the Consultant shall be paid by the Applicant. E. Upon receipt of a notice from its Consultant that the application is complete, the Town Clerk shall transmit the application to the Planning Board to schedule a hearing as required hereunder. No application shall be Noticed for Hearing until it has been found to comply with the provisions of this Article. The Consultant's finding that the application complies with the filing requirement of this Article shall not be a finding on the merits or sufficiency of the content in the application or otherwise preclude a review of the EAF or DEIS for the SEQR process on the application, nor shall it restrict the need for further information for said SEQR process determination. F. The Planning Board shall hold at least one public hearing on the Application, and the applicant is required to attend. The public hearing shall be held only after the Town Clerk has advised the Planning Board that the application complies with filing requirements of this article and the Planning Board accepts the application. Notice of the application being found PAGE 178 compliant, together with a summary of the application shall be given by first class mail to all property owners within three miles of the boundaries of any property where a WECS is proposed (Site), and published in the Town's official newspaper, no less than ten nor more than twenty days before any public hearing. Where any public hearing is adjourned by the Planning Board to hear additional comments, no further publication or mailing shall be required, but in the discretion of the Planning Board such additional notice may be directed. The Applicant shall mail the Notice of Public Hearing to all property owners within three miles of the Site, and shall submit an affidavit of service indicating all persons and entities to whom mailed. The assessment roll of the Town shall be used to determine mailing addresses. The Town shall publish the Notice. Failure of any addressee to receive the notice shall not in any manner affect the validity of the proceedings taken thereon. G. The Town Board shall act as Lead Agency for purpose of SEQR Review subject to SEQR rules. H. The public hearing for an Application hereunder may be combined with public hearings on any Environmental Impact Statement, other SEQR Process or requested waivers (see Article V). I. SEQRA reviews. Applications for WECS are deemed a Type I project under SEQRA. J. The Town shall require an escrow agreement and deposit for the engineering, legal, and all reasonable costs related to the review of the application and any environmental impact statements before commencing its review. The Town Board shall determine the amount of such deposit. K. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town shall issue a Statement of Findings, which Statement may also serve as the Town's decision on the application. L. Once the Town has accepted the application, held a public hearing, and completed the SEQRA process, the Town Board may then approve, approve with conditions, or deny the application, in accordance with the standards in this Article. §12 Standards for WECS. A. The following standards shall apply to all Wind Energy Conversion Systems, unless specifically waived by the Town Board as part of a Wind Energy Permit. 1. All power transmission lines from the tower to any building or other structure shall be located underground unless a variance is granted where it is impossible to bury underground or where actual duress can be shown. 2. No television, radio or other communication antennas may be affixed or otherwise made part of any Wind Energy Conversion System, except pursuant to the Town Code. Applications may be jointly submitted for Wind Energy Conversion System and telecommunications facilities. 3. No advertising signs are allowed on any part of the Wind Energy Facility, including fencing and support structures. 4. No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the Wind Energy Facility development plan. All such lighting required for the project shall be dark sky compliant. The application shall include a commitment to retrofit the project with a radar - activated system within two years of being notified by the Town Board. It is understood that these systems are not currently available, but may be in the future. 5. The Applicant shall use measures to reduce the visual impact of Wind Energy Conversion System to the extent possible. The Wind Energy Conversion System shall use tubular towers. All structures in a project shall be finished in a single, non -reflective matte finish color or a camouflage scheme. Wind Energy Conversion Systems within a PAGE 179 multiple Wind Energy Conversion System project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the Project, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades. 6. The use of guy wires is prohibited. 7. No Wind Energy Conversion Systems shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No Wind Energy Conversion System shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a Wind Energy Conversion System is causing electromagnetic interference, the operator shall take the corrective action to eliminate this interference including relocation or removal of the facilities, or resolution of the issue with the impacted parties. If a signal transmission or reception problem occurs with any existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems, it shall be the WECS' operators responsibility to prove that the WECS is not the cause of the problem or else shut down the WECS until the problem is otherwise resolved. Failure to remedy electromagnetic interference is grounds for revocation of the Wind Energy Permit for the specific Wind Energy Conversion System or the entire site causing the interference. 8. All solid waste, hazardous waste and construction debris shall be removed from the Site and managed in a manner consistent with all applicable local, New York State, and federal rules and regulations. Any environmental hazard created must be cleaned up to the maximum extent possible, restoring the area to its pre-existing condition. 9. WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided. The use of previously developed areas will be given priority wherever possible. All topsoil disturbed during construction, reconstruction or modification of each WECS will be stockpiled and returned to the site upon completion of the activity, which disturbed the soil. Compliance with the current New York State Department of Agriculture and Markets Guidelines for Agricultural Mitigation for Wind Power Projects is required. 10. Wind Energy Conversion Systems shall be located in a manner that minimizes significant negative impacts on rare, threatened or endangered species in the vicinity, particularly bird and bat species. 11. Wind Energy Conversion Facilities shall be located in a manner consistent with all applicable State and Federal wetland laws and regulations. 12. Storm -water run-off and erosion control shall be managed in a manner consistent with all applicable Local, State and Federal laws and regulations. 13. The maximum Total Height of any Wind Energy Conversion System shall not exceed 500 feet from existing/original grade. 14. Construction of the Wind Energy Conversion System shall be limited to the hours of 7 AM to 7 PM. No work shall be completed on Saturday or Sunday. The Town may impose reasonable conditions to any requested change in work hours, and may issue waivers of this requirement in its sole discretion. 15. If it is determined that a WECS is causing stray voltage issues, the operator shall take the necessary corrective action to eliminate these problems including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy stray voltage issues is grounds for revocation of the approval for the specific WECS causing the problems. PAGE 180 16. WECSs shall be located in a manner that minimizes significant negative impacts on the historical and cultural aspects of the community (i.e. high concentration of historic stone houses and buildings). This shall be done in coordination with the New York State Office of Parks, Recreation and Historic Preservation. In addition, the review of NY's Department of State guidelines for Scenic Areas of Statewide Significance should be respected. Negative impacts must be eliminated to the maximum extent possible. §13 Required Safety Measures. A. Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor. B. Fencing: A ten -foot -high (10') fence with a locking portal shall be required to enclose each substation and each tower or group of towers, unless the applicant demonstrates in its Application that the Tower(s) is non -climbable and otherwise safe. The color and type of fencing for each WECS installation shall be determined on the basis of individual applications, as safety needs dictate. C. Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of any fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Town may require additional signs based on safety needs. D. No climbing pegs or tower ladders shall be located closer than twenty (20) feet above ground level at the base of the structure. E. The minimum distance between the ground and any part of the rotor or blade system shall be fifty feet, provided it complies with all other provisions of this law. F. Wind Energy Conversion Systems shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times. G. WECS shall be set back from residences a sufficient distance, based on a flicker study, to demonstrate that shadow flicker does not adversely affect residences, whether such residences are in or outside of the Town of Cortlandville. §14 Traffic Routes. A. Construction of WECSs poses potential risks because of the large size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECSs or the associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include (1) minimizing traffic impacts from construction and delivery vehicles; (2) minimizing WECS related traffic during times of school bus activity; (3) minimizing wear and tear on local roads; and (4) minimizing impacts on local business operations. Wind Energy Permit conditions may limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public. No land can be taken by eminent domain to create any route. B. Roads shall remain in existing condition status throughout construction and the Applicant shall insure that such roads shall be usable by the general public during construction. The applicant shall fix any damage to the roadways as required by the Town within 48 hours. C. The Applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a WECS. A cash deposit shall be made prior to the issuance of any Wind Energy Permit in an amount, determined by the Town, sufficient to compensate the Town for any damage to local roads. Such deposit shall be made in a banking institution in which the Town has a banking relationship. PAGE 181 §15 Setbacks and Noise Standards for Wind Energy Conversion Systems. A. Requirements: a. The equivalent noise level (LEQ), for any ten-minute period of the day, generated by a noise source shall not exceed the limits listed in Table below when measured at the property line Daytime Evening Nighttime 7 a.m. to p.m:. w 7 p.m. to 10 p.m. 10 p.m to 7 a.m. _A weighted (Bn.- _,,,,rv45 40 35 C-weighted d) 63_ 58 53 b. In all cases, the corresponding C-weighted limit shall be the operable A -weighted limit (from Table above) plus 18 dB. c. In the event audible noise is due to any operation that contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Table above shall be reduced by five (5) dB; for impulsive noises the standards in Table above shall be reduced by 7 dB; and the standards shall be reduced by12 dB for highly impulsive noise (ANSI S 12.9 Pt. 4). B. Estimating Noise Impacts: At the discretion of the Planning Board and at applicant's expense, an application will require certification by an independent acoustical engineer as to the estimated maximum A- and C- weighted sound levels at potentially impacted residential property lines. The firm with which the engineer is associated shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the independent acoustical engineer shall be a Member, Board Certified of the Institute of Noise Control Engineering of the USA. The predicted noise levels shall then be reviewed by the Town's consulting engineer, or their agent, to establish the validity of the predicted impacts. C. Enforcement: a. Enforcement shall be by measurement. The Town, using the services of the Town Engineer, shall be responsible for and may contract for any enforcement measurements. The Town's engineering contractor shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the consultant's project leader shall be a Member, Board Certified of the Institute of Noise Control Engineering of the USA. The following protocol may be modified as certain situations may require by the acoustical engineer as long as modifications are in general conformance with the procedure described below. b. Initially a preliminary study shall be conducted for 30 consecutive minutes during the period of highest expected noise level exposure. During the thirty- (30) minute period, the equivalent level (LEQ) generated by the noise source shall be measured. The measurement location shall be on complainant's property line, nearest the noise source. Measurements shall be entirely within the appropriate time period, e.g., during nighttime for nighttime enforcement, and the noise source shall operate continuously (if normal operation) during the thirty- (30) minute measurement. c. If the noise source is intermittent or if the noise is not present at the time of the preliminary enforcement survey, a more extensive and detailed survey shall be undertaken to monitor noise levels over a longer period. The applicant shall fully cooperate with Town officials and their agents to ensure accurate measurements, including turning on and off as required. d. For both types of surveys, the microphone shall be situated between 4 and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI S 1.13-2005, and using a meter that meets at least the Type 2 requirements of ANSI S I A and S I AA-1985 (R2006). The instrument noise floor shall be at least 10 dB below the lowest level measured. e. A calibrator shall be used as recommended by the manufacturer of the sound -level meter. The fundamental level of the calibrator and the sensitivity of the sound -level PAGE 182 meter shall be verified annually by a laboratory using procedures traceable to the National Institute of Standards and Technology. f. A windscreen shall be used as recommended by the sound -level meter manufacturer. g. An anemometer shall be used to document wind speed and shall have a range of at least 5 to 15 miles per hour (2.2 to 6.7 meters per second) and an accuracy of at least ± 2 miles per hour (± 0.9 meters per second). h. For the detailed, long-term study a compass shall be used to measure wind direction to at least an 8-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements shall be A -weighted, or, alternatively, in one -third -octave bands. For A -weighted measurements, the uncertainty (tolerance) of measurements shall be 1 dB for a type 1 meter and 2 dB for a type 2 meter. For one- third -octave -band measurements, the meter shall meet the type 1 requirements of ANSI S 12.4 and S 12.4a-1985 (R2006), and the uncertainty of measurements shall be less than 5 dB in each and every one- third -octave band. i. For all measurements, the surface wind speed, measured at a 1.5- in height, shall be less than 5 m/s. j. The report shall include a sketch of the site showing distances to the structure(s), to the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model, and serial number. This instrumentation listing shall also include the A - weighted and C-weighted noise floor due to weather or other natural phenomena and the one- third octave band noise floors, if utilized, for each sound -level meter used. D. Setback distances: Each WECS shall be setback from Site boundaries, measured from the center of the WECS: 1. 3,280 feet from the nearest site boundary property line. 2. Five times the total height of the proposed WECS from the nearest public road. 3,280 feet from the Village of McGraw and City of Cortland boundaries. 4. Five times the total height of the proposed WECS from any non-WECS structure or above- ground utilities. 5. Two times the total height of the proposed WECS from state and federal wetlands. 6. Five thousand feet from the property lines of a school, hospital, community center, or church (not to include church -owned cemetery. 7. Notwithstanding the foregoing, in the event of a difference in setback requirements herein and those recommended by the manufacturer of the equipment to be installed, the larger setback shall apply. 8. From all Site Boundary lines the first 100 feet shall be a green buffer zone to provide natural screening. For the purpose of this law a green buffer zone shall be defined as an area without structures and left naturally vegetated or in an agricultural use. Cutting and clearing within the green buffer zone is prohibited except in connection with agricultural uses or as necessary to construct and maintain WEF access roads and electric lines. §16 Issuance of Wind Energy Permits. A. Upon completion of the review process, the Planning Board shall, upon consideration of the standard in this Local Law issue a written decision with its findings in support of its approval, approval with conditions or disapproval, fully stated, and forward such decision and its recommendation to the Town Board. PAGE 183 B. If approved, the Town Board will issue a Wind Energy Permit upon satisfaction of all conditions for said Permit and completion of the SEQRA process, and upon Applicant demonstrating compliance with the Uniform Fire Prevention and Building Code and the other pre -construction conditions of this Local Law. C. The decision of the Town Board shall be filed within 5 days in the office of the Town Clerk and a copy mailed to the Applicant by registered mail, return receipt requested. D. If any approved Wind Energy Facility has not commenced construction within one year of issuance of the Wind Energy Permit, the Wind Energy Permit shall expire. Upon written request of the Owner, the Wind Energy Permit may be extended for one year so long as the project is unchanged §17 Abatement. A. The Applicant will supply an annual report of electrical production by turbine. If any WECS fails to generate electricity for a continuous period of one year the Town Board may determine that it is "non-functional or inoperative", and require the Owner (for the purpose of this Section 17 an Owner is the holder of the Wind Energy Permit) to remove said WECS at its own expense. Removal of the WECS shall include at least the entire above ground structure and connected facilities down to 4 feet below grade, including transmission equipment and fencing and such other associated parts as the Town Board may direct. This provision shall not apply if the Town finds that the Owner has been making good faith efforts to restore the Wind Energy Conversion System to an operable condition, or if the non- functional or inoperative condition is the result of a force majeure event beyond the Owner's control. Nothing in this provision shall limit the Town's ability to order a remedial action plan after hearing. The Town shall provide Owner with at least 15 days notice of the hearing. The Owner may present evidence at the hearing on the functioning or operation of the system, or explanation for delay in repair during such period. At such hearing, in order to warrant decommissioning of the system or any part thereof, the Town must first find by a preponderance of the evidence submitted and presented, that the WECS or any part thereof has been non-functional or inoperative continuously for 12 months. The Town after such hearing may order the removal of the WECS system or any part thereof (down to 4 feet below grade) that it finds has been non-functional or inoperative. Upon direction by the Town Board to the Owner of a WECS to remove any system or part thereof and the failure of the Owner to comply with such directive or to substantially commence such removal within 30 days of the directive, then the Town may proceed against the cash deposit as established hereinafter in compliance with paragraph 17(C) hereof. B. Generation of electricity (or lack thereof) by a WECS may be proven by reports or documents provided to the Public Service Commission, NYSERDA, New York Independent System Operator, or other reporting agencies or by lack of generation of revenues from the sale of energy. The Owner shall make available (subject to a non -disclosure agreement) to the Town Board all reports to and from the purchaser of energy from the Wind Energy Conversion Systems, if requested, and such other reports it finds necessary to prove the WECS is functioning. All such reports submitted by the Owner may be redacted as necessary to protect proprietary information. Failure to provide such information as requested shall be the basis for the revocation of any operating permit. C. Decommissioning Fund: The Owners shall continuously maintain a cash deposit, in a form and from a Provider approved by the Town for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility, This cash deposit shall be adjusted every three years for changes in costs of decommissioning and restoration as well as adjusted for inflation. The cash deposit shall be maintained in a bank licensed and authorized to do business in the State of New York, or such other financial institution so authorized and approved by the Town Board. All costs of the financial security shall be borne by the Owner. The cash deposit shall be fully in place before commencement of construction of any portion of Wind Energy Conversion System. Any Wind Energy Permit issued shall restrict construction until the deposit has been approved and accepted by the Town Board PAGE 184 §18 Limitations on Approvals; Easements on Town Property. A. Nothing in this Local Law shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any Wind Energy Facility. It shall be the sole responsibility of the Facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation. B. Future construction of Residence or dwellings within a distance of one and half times the tower height from any Tower on an approved Site shall be restricted and not allowed unless an application for a waiver and modification of such Approved Site is made and approved by the Town Board. The application for the Waiver shall comply with Article V hereof. C. Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law. §19 Permit Revocation. A. Testing fund: A Wind Energy Permit shall contain a requirement that the Owner fund periodic noise testing by a qualified independent third -party acoustical measurement consultant approved by the Town Board, which may be required every two years, or more frequently upon request of the Town Board in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the Wind Energy Permit and this Local Law and shall also include an evaluation of any complaints received by the Town. The Owner shall have 15 days after written notice from the Town Board, to cure any deficiency. An extension of the 15-day period may be considered by the Town Board, but the total period may not exceed 90 days. The complainant shall be notified of any request for such extension. The Town Board has the right to shut down the WEF immediately if the Town Board determines that an emergency has occurred. B. Operation: A Wind Energy Conversion System shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a Wind Energy Conversion System become inoperable, or should any part of the Wind Energy Conversion System be damaged, or should a Wind Energy Conversion System violate a permit condition, the owner shall remedy the situation within 15 days after written notice from the Town Board. The Owner shall have 15 days after written notice from the Town Board, to cure any deficiency. An extension of the 90-day period may be considered by the Town Board, but the total period may not exceed 90 days. C. Notwithstanding any other abatement provision under this Local Law, and consistent with § 19(A), if the Wind Energy Conversion System is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public hearing at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance: (1) order either remedial action within a particular time frame, or (2) order revocation of the Wind Energy Permit for the Wind Energy Conversion System and require the removal of the Wind Energy Conservation System within 90 days. If the Wind Energy Conservation System is not removed, the Town Board shall have the right to use part or all of the cash deposit to remove the Wind Energy Conversion System. Article III Wind Measurement Towers §20 Wind Site Assessment. The Town Board acknowledges that prior to construction of a WECS, a wind site assessment is conducted to determine the wind speeds and the feasibility of using particular Sites. Installation of Wind Measurement Towers, also known as anemometer ("Met") towers, shall be permitted on the issuance of a Wind Energy Permit in accordance with this Local Law. PAGE 185 §21 Applications for Wind Measurement Towers. A. An application for a Wind Measurement Tower shall include: 1. Name, physical address, telephone number of the Applicant, and the names and addresses of principals of Applicant. If the Applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the Applicant authorizing the representation. 2. Name, address, telephone number of the property owner. If the property owner is not the Applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the proposed applications and (ii) authorizing the submission of the application. 3. Coordinates of each proposed tower location, including Tax Map section, block and lot number. 4. Proposed Development P Ian and Map. 5. Decommissioning Plan, including a cash deposit for removal. §22 Standards for Wind Measurement Towers. A. The distance between a Wind Measurement Tower and the property line of the Site shall be at least one and a half times the Total Height of the tower. The tower shall not be located nearer than one and half times the Total Height of the tower to any Residence. Site can include more than one piece of property. Exceptions for neighboring properties are also allowed with the written consent of those property owners. B. Wind Energy Permits for Wind Measurement Towers may be issued for a period of up to two years. Permits shall be renewable upon application to the Town Board in accordance with the procedure of § 16(D). Article IV Small Wind Energy Conversion Systems §23 Small wind systems (WECS). Intent. This section regulates and provides standards for small wind energy systems (WECS) designed for on -site home and farm use, and that are primary used to reduce on -site consumption of public -utility -generated and distributed electricity. The intent of this section is to encourage the development of small wind energy systems and to protect the public health, safety and community welfare. A. Permit required. 1. No WECS shall be constructed, reconstructed, modified or operated in the Town of Cortlandville except in compliance with this section. 2. No wind measurements tower shall be constructed or operated except in conjunction with and as part of an application for a small WECS. 3. No transfer of real property on which a small WECS is situated shall eliminate the liability of the owner of such property from compliance with this section and the conditions of the conditional permit issued for such WECS. 4. Notwithstanding the requirements of this section, replacement in kind of a small WECS may occur without Town approval when: (a) There will be no increase in total height; PAGE 186 (b) No change in location; (c) No additional lighting or change of facility color; (d) No increase in noise produced by the WECS. B. Permitted areas: Agricultural District on lots greater than two acres. R-1 District on lots greater that two acres. C. Height limitations. Agricultural District: 100 feet. R-1 District on lots less than three acres: 40 feet. R-1 District on lots gre ater than three acres: 60 feet when do cumentation shows a need for a height greater than 40 feet. D. Setback. All WECS shall be set back from all property lines a minimum of 1.5 times the total height of the WECS. E. Application. A conditional permit, (Article XIV) is required for all WECS. The Planning Board shall hold a public hearing with notification of all property owners adjacent to the proposed tower site or within one mile of the proposed tower site. F. Standards, 1. Only one small WECS per lot shall be allowed. More than one may be permitted as long as each has the required minimum lot size and the applicant demonstrates that the electric n e e d s of the user exceed the power generation capability of one WECS. 2. The height allowed shall be reduced if necessary to comply with all federal aviation requirements and § 178-115 of the Code of the Town of Cortlandville. 3. The maximum turbine power output is limited to 10 KW unless the applicant demonstrates to the Town Planning Board that a larger turbine is necessary to meet the historical or projected energy needs of the applicant. 4. The system tower and components shall be painted a non -reflective, unobtrusive color that blends the system and components into the surrounding landscape. 5. The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails) and from adjacent properties. 6. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. 7. All on -site electric wires associated with the system shall be installed underground except for "tie-ins" to a utility company and public utility transmission p o l e s , towers and l i n e s. The P l a n n i n g Board may modify this standard if the project terrain is determined to be u n s u i t a b l e due t o reasons of excessive grading, biological impacts, or similar factors. 8. The system shall be operated such that no electromagnetic interference is caused. If it has been demonstrated to the Planning Board that a system is causing harmful interference, the system operator shall promptly mitigate the ha rmful interference or cease operation of the system. PAGE 187 9. At least one sign shall be posted on the tower at a height of five fe et warning of electrical shock or high voltage and harm therefrom. No brand names, logo or advertising shall be placed or painted on the tower or components where it would be visible from the ground, except that a s ystem or towe r manufacturer's logo may be displayed on a system housing in an unobtrusive manner. 10. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: (a) Tower climbing apparatus located no closer than 12 feet from the ground. (b) A locked anti -climbing device installed on the tower. (c) A locked, protective fence at least six feet in height that encloses the tower. 11. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. 'The point of attachment for the guy wires shall be enclosed by a fenc e six feet in height or sheathed in bright orange o r yellow covering from three feet to eight feet above the ground. 12. The minimum height above the ground of the lowest part of the wind turbine blade shall be at least 15 feet. 13. The level of noise produced during WECS operation shall follows the levels established in Section §15A, measured at the boundaries of the closest parcel to the WECS site. 14. All small WECS tower structures shall be designed and constructed to be in compliance with applicable provisions of the New York State Uniform Fire Prevention Building Code, and generally accepted engineering practices. 15. All WECS shall be equipped with manual and automatic overspeed controls. The manufacturer shall certify the confo rmance of rotor overspeed control design and fabrication, with good engineering practices. 16. No WECS shall be constructed or operated so as to create artificial habitat for raptor prey. Electrical boxes, perching opportunities, etc., shall to the maximum extent possible be minimized. 17. No experimental, hom e built, or prototype wind turbine shall be allowed without documentation by the applicant of their maximum probable blade throw distance in the event of failure and determination by the Planning B o a r d of appropriate setback distances on the basis of that documentation. 18.A WECS shall be set back at least 1,000 feet from any important bird area as identified by The New York Audubon Society and from state -listed wetlands. 19. All WECS shall be maintained in good condition and in accordance with all requirements of this section G. Abandonment of use. A small WE C S which is not used to produce electricity for 12 successive months shall. be deemed abandoned and shall be dismantled and r e m o v e d from the property at the expense of the property o w n e r within nine months after notice from the Town Planning Board. Article V Waivers §24 Waivers. A. The Town Board may, after a public hearing (which may be combined with other public hearings on Wind Energy Facilities, so long as the waiver request is detailed in the public notice and the Application), grant a waiver only under conditions of duress or absolute PAGE 188 hardship, except as otherwise expressly prohibited herein, from the strict application of the provisions of this Local Law if, in the opinion of the Town Board, the grant of said waiver is in the best interests of the Town. B. The Town Board in making its determination on a waiver request shall consider the benefit to the Owner if the waiver is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the waiver; (2) whether the benefit sought by the Owner can be achieved by some method, feasible for the Owner to pursue, other than waiver; (3) whether the proposed waiver will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and the scope of the request. C. The Town Board, in the granting of waivers, shall grant the minimum waiver that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. D. The Town Board may attach such conditions, as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver. Article VI Miscellaneous §25 Fees. A. Non-refundable Fees shall be as follows: 1. Wind Energy Conversion System/Wind Energy Permit: $2,000 per megawatt of rated maximum capacity; 2. Wind Measurement Towers Wind Energy Permit: $1,500 per tower, and $1,000 for any other structure or part thereof not a tower; 3. Small WEC S Wind Energy Permit: $500 per WECS; 4. Wind Measurement Tower or Wind Energy Permits renewals/extensions: $1,000 per Permit/WECS; 5. The fe e for an Article 5 Waiver application shall be $250.00. 6. Fees are subject to change by Town Board Resolution B. Wind Energy Permits; review, inspection, and approval fees. The Town believes the review of applications for Wind Energy Facilities and compliance monitoring of issued Wind Energy Permit requires specific third party expertise. In addition to the permit fees for the WECS system as provided in 25(E) above, the Owner of the WECS shall pay the costs of such review as follows: C. An outside consultant, approved by the Town, to review the plans submitted by the Applicant or its representative for compliance with this regulation and inspection of work, together with monitoring compliance with any issued permit for any WECS. All such expense shall be made by the Applicant, or Holder of such issued permit, if different, providing a cash advance payment to the Town Clerk prior to issuing such permit or such other form of advance payment as the Town Board may direct and approve. D. Permit Year Annual Report. The Owner shall file annually a report of the condition and all maintenance and repair work to the WECS system, detailing any improvements, alterations or changes to any WECS or other structure of the system or any of its components, together with a review fee of $200.00 for each WECS. The report shall be certified by a licensed engineer that such work has not changed any permit condition. The Town, upon notice to the Owner, may refer the report to consultant if it reasonably believes that any work may change or adversely impact a permit condition. The Owner shall be responsible for any costs of any outside consultant, if necessary, to review the report. E. Any costs associated with reviewing materials submitted by the Owner or the review of any condition of a permit, including, but not limited to, ensuring the system continues to be safe and compliant with the terms of such permit issued shall be the expense of the owner of the PAGE 189 system: Such expense shall be paid by the Applicant/Owner. Prior to incurring such costs, the Town agrees to provide the Applicant/Owner of the system with notice of such costs and reason for the same. The Applicant/owner may protest the costs by filing a protest with the Town Clerk within ten days of such notice. Said protest shall contain a statement of what is protested, and if a cost item is protested then an estimate from an independent person for the costs protested shall be included. Notwithstanding a protest the Town may engage a consultant to review any submission by the Applicant/Owner of the system prior to approving the submission and all such expense and costs shall be an expense of the project (Applicant/Owner of the system). If any such expense shall not be paid the same shall constitute a violation of the permit and be deemed an expense in decommissioning the system or any part thereof in question. 1. The permit fee for Town Board approval for cutting or clearing in a green buffer area within a Site shall be $100.00 per permit, no permit fee is necessary for maintaining agricultural uses within a green buffer zone. 2. Applications for approval of Transfer of ownership or control pursuant to section 5(G) shall be submitted to the Town Board together with information explaining the proposed change of control or the transfer. Such information shall include the names and addresses of the parties whose interest is being changed or transferred together with their percentage of ownership being transferred and the names and addresses of each person, shareholder, member, partner or individual receiving such interest, together with a fee of $500.00 and such consultant fees as the Town Board finds necessary to review any financial information submitted therewith. The Town Board reserves the right to request such other information it may reasonably request and finds necessary to complete its review of such application. F. Nothing in this Local Law shall be read as limiting the ability of the Town to enter into Host Community Agreements with any Applicant to compensate the town for expenses or impacts on the community. The Town shall require any Applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA. Notwithstanding anything to the contrary provided herein, any and all Town agreements or permit conditions pertaining to a Wind Energy Conversion System shall be filed with the Town and in place prior to the issuance of the Wind Energy Permit, unless the approval for such Wind Energy Conversion System permit expressly provides otherwise, including Host Community Agreement, Decommission Plan and proof of Funds or escrow accounts, if required, related to the Wind Energy Conversion System. §26 Tax Exemption. The Town hereby exercises its right to opt out of the Tax Exemption provisions of Real Property Tax Law §487 for large WECS, pursuant to the authority granted by paragraph 8 of that law. §27 Real Estate Property Value Assurance Plan The WEF Owner/operator must provide the Real Estate Property Value Assurance Plan (REPVAP) to all Non -Participating landowners who: 1) own property within one mile, measured horizontally, from the Project Boundary, and 2) have not signed any mitigation waivers. This is a legally binding contract with the Owner/operator and its successors and the landowners. Each one of these contracts must be submitted with the application. The elements of the Real Estate Property Value Assurance Plan are as follows: A. Establishing the Current Value of the Home Three neutral real estate agents will be selected from a list of agents licensed in the State of New York and conducting business in the general project area. Each agent shall perform a Comparative Market Analysis (CMA) of the property — in its current state — which will compare the property size and improvements to no less than three similar properties that are listed for sale, using generally accepted CMA methods. The two highest property valuations determined from each CMA will then be averaged to determine the "baseline" property value for REPVAP purposes only. The CMAs will be performed at the Applicant's expense. The property owner hereby agrees to permit access to the property as required to perform the CMA inspection. PAGE 190 Furthermore, the property owner hereby agrees to provide full disclosure of known defects of the property as may be required under New York State Law. The agents preparing the CMAs will provide a written copy of their report to both the property owner and the Applicant. Both the Applicant and the landowner reserve the right to reject CMA results only in the instance of a clear mistake by the agent. B. Establishing the Future Value of the Home if Listed for Sale. If at any time during the three year period after a permit to erect the WEF, the property owner lists the property for sale with a realtor, then an "updated" Comparative Analysis will be prepared, again at the Applicant's expense, using the same procedure outlined above. The updated CMA will explicitly take into account any changes in local market conditions for comparable properties unaffected by the wind project, as well as any improvements to the home and/or lot. In the event that the property has been listed for at least 12 months and sells for less than the market value determined by the updated CMA average, the Applicant will pay the difference in value within 30 days after closing of the sale of the property. The 12-month listing requirement may be waived by Applicant if requested by the property owner at the Applicant's sole discretion. C. Other stipulations The property owner hereby grants the Applicant the right to purchase the property at the greater amount of the updated CMA average market value or the highest bona fide offer. In the event the property was offered for sale and did not sell or generate any acceptable bona fide offers within 12 months, the Applicant will pay the difference in value between the updated CMA averaged market value and the highest bona fide offer, but only upon reasonable certification by the property owner's selling agent that the lack of an acceptable offer or sale was attributable solely to the close proximity of the property to the WEF, and not due to any other reason whatsoever including but not limited to market conditions or specific deficiencies related to the property that was otherwise assumed to be satisfactory. If the property does not sell within an 18-month period, the Applicant will have to purchase the property at the updated CMA average market value. D. Subject to the Applicant's right to waive any or all these exclusions, the plan outlined herein does not cover a sale or transfer of the property under any of the following conditions. If the property owner does not have clear and marketable title. If the property has not been listed for sale for at least 12 months as a continuous period. If the property is gifted or assigned to another person. If the property is not listed for sale in accordance with Section D at some point. If the property is not reasonably maintained in its current condition, reasonable wear and tear excepted. E. Additional Conditions: A property owner can participate voluntarily in this plan, under the terms and conditions established herein, but the benefit is not assignable to new or subsequent property owners. If the Applicant sells or transfers ownership of the WEF, it must assign, transfer, pledge, or otherwise dispose of its obligations and interests under this agreement in a form acceptable to the contracting landowners, unless released in writing by contracting land owners. If no agreement can be reached, then the Applicant shall, before sale of the WEF, place into an escrow account, in favor of the landowner(s) the full value of the property, to be accessed by the landowner(s) if no sale is finalized within the time allocated in Section D. In the event any landowner experiences health problems directly attributable to the operation of the WEF, such that the home is rendered uninhabitable, and unsellable, the listing period will be waived, and the Applicant will be responsible for all medical expenses incurred, including but not limited to doctor visits, hospital visits and stays, medical procedures, medication and cost of lodging away from the home, up until such time as the Applicant purchases the affected property at its full value before the approval and operation of the WEF reduced the property's worth. It will be the responsibility of the Applicant to prove that the health problems (which weren't present before, and now are) are NOT attributable to the Applicant. §28 Complaint Resolution Process. A. All complaints shall be directed to the Town Code Enforcement Officer who will respond to the complainant within five (5) business days after receipt of such complaint. The Town Code Enforcement Officer shall keep a log of any such complaints received. PAGE 191 B. Any complaints which cannot be resolved during the initial response shall be subsequently directed to the Planning Board for investigation, and any such investigation shall be undertaken with the full cooperation of the person/ applicant/ operator and in accordance with §29, Enforcement. C. If the complaint includes the character or quality of noise, then any subsequent investigation shall use best practices to evaluate the overall level, tonal, and/or temporal nature of the noise prompting the complaint. As outlined in Section §29, Enforcement, the noise source will be shut down as may be needed to properly assess noise impacts. D. Testing shall commence within ten (10) business days of the report of the initial investigation, but ultimately testing will be predicated upon conditions that facilitate adequate measurement of the noise source. Testing shall compare actual noise measurements at complainant's property line with and without noise source to confirm operation complies with established noise limits. If sound levels of the noise source exceed sound levels with noise source off by more than 5dB, then the noise shall be deemed out of compliance with this regulation. §29 Enforcement; Penalties and remedies for violations. A. The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this Local Law. B. Any person owning or operating a Wind Energy Facility shall be responsible for the continued compliance of such facility with this local law and the terms and conditions of the Wind Energy Permit issued for such facility. C. A violation of this local law or any provision of the Wind Energy Permit shall subject the Owner or Operator of the facility to a civil penalty of One Thousand ($1,000.00) Dollars, payable within 10 days of the notice of the violation. In lieu of proceeding with enforcement of this law as an offense the Town may institute a civil proceeding to collect civil penalties in the amount of $1,000.00 for each violation. Each days continued violation shall constitute and be deemed a separate additional violation D. Revocation of Wind Energy Permit; Upon a finding of three separate violations by a court of competent jurisdiction by an Owner or Operator of the facility of a material provision of this Local Law in any one year period, the Town Board may hold a hearing for a revocation of any Wind Energy Permit issued by such Board. E. In lieu of a civil proceeding for enforcement of this local law, the Town Board may elect to proceed to charge any Owner or Operator who violates any material provision of this Local Law or be in noncompliance with any material term or condition of any permit issued pursuant to this Local Law, or any order of the enforcement officer with an offense. Each days continued violation shall constitute and be deemed a separate additional violation. Each such offense shall be punishable by a fine not exceeding three hundred fifty dollars or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine of not less than three hundred fifty dollars nor more than seven hundred dollars or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. F. In case of any violation or threatened violation of any of the provisions of this local law, including the terms and conditions imposed by any permit issued pursuant to this local law, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act. PAGE 192 §30 Severability. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Cortlandville hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. §31 Supercession. This Local Law shall supercede all Town local laws and other land use regulations and specifically New York Town Law § 131, § 133, §266 and §268 that are contrary and in conflict with the provisions of this Local Law to the extent necessary to give this Local Law full force and effect. §32 Effective Date. This Local Law shall be effective immediately upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. C TOWN OF CORTLANDVILLE PAGE 193 TOWN BOARD MEETING OF JULY 9, 2014 FILED WITH THE STATE EFFECTIVE JULY 24, 2014 RESOLUTION # 13Z ADOPT LOCAL LAW NO. 1 OF 2014 ENACTING THE REGULATION OF SIGNIFICANT INDUSTRIAL USERS, WATER RATES Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law enacting the Regulation of Significant Industrial Users, Water Rates, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2014, amending Section 171-16 and adding Section 171-29 of the Code of the Town of Cortlandville, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Section 171-16 of the Code of the Town of Cortlandville is amended by adding the following in its alphabetical position: SIGNIFICANT INDUSTRIAL USER — Any non -governmental user as defined by the Environmental Protection Agency using publicly owned treatment works. Section 2. Section 171-29 is added to said Code to provide as follows: Any business wishing to be considered a Significant Industrial User shall: a. Complete an Industrial Water Rate application and submit the completed form and all required paper work to the Town of Cortlandville Water/Sewer Department. The Department's representative will review the application to insure that the facility meets the NACIS and EPA requirements for an industry. PAGE 194 b. Once the application has been reviewed and approved, the consumption of the business will be monitored for one billing quarter (90 days), during which time the standard water rate will apply. If after such monitoring it has been demonstrated that the facility uses an average of 25,000 GPD, the industrial water rate will then be applied to the account for future billings. The Town will continue to monitor the account and if the average of 25,000 GPD is not maintained for two consecutive quarters the billing rate will return to the standard water rate and a new or amended application for recognition shall be required. Section 3. This Local Law shall be effective upon filing with the Secretary of State as required by law. TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF MARCH 18, 2015 FILED WITH THE STATE EFFECTIVE APRIL 2, 2015 PAGE 195 RESOLUTION # 5 7 ADOPT LOCAL LAW NO. I OF 2015 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NY ROUTE 13 SUBMITTED BY MEIRA HERTZBERG, ESQ. Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville to reclassify several parcels from their present zoning classification to B-2 (Highway Commercial Business), and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 of 2015, a copy of which .is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it hereby enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town Board of the Town of Cortlandville having received a request from Meira N. Hertzberg, ESQ., to consider the rezoning of several parcels in the Town of Cortlandville from their present zoning classification to be classified as B-2 (Highway Commercial Business) district, and the Town Board having considered the request and it's environmental impact and having conducted a Public Hearing; Section 2. The following tax map parcels are hereby rezoned from their present zoning classification to B-2 (Highway Commercial Business): That portion of 105.00-01-43.111, located in the Town of Cortlandville and situated easterly of NYS Route 13 (portion of) owned by Farm East LLC — 209.20 acres That portion of 105.00-01-44.000, situated in the Town of Cortlandville and owned by John A. McGee — 18.30 acres 105.00-01-47.000, owned by Earl Silvernail — 110' X 180' 105.00-01-48.100, owned by Empire Tractor RE Cortland, Inc. — 69.28 acres 105.00-01-48.200, owned by Donald Osbeck — 10.52 acres Section 3. This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. 1 TOWN OF CORTLANDVILLE TOWN BOARD MEETING OF MARCH 18, 2015 FILED WITH THE STATE EFFECTIVE APRIL 2, 2015 PAGE 196 RESOLUTION 4 S9 ADOPT LOCAL LAW NO. 2 OF 2015 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE SUBMITTED BY GUTCHESS LUMBER CO., INC. Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville to reclassify twelve parcels from their present zoning classification to I-2 (General Industrial), and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2015, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it hereby enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town Board of the Town of Cortlandville having received a request from Gutchess Lumber Company, Inc., to consider the rezoning of several parcels in the Town of Cortlandville from their present zoning classification to be classified as I-2 (General Industrial), and the Town Board having considered the request and it's environmental impact and having conducted a Public Hearing; Section 2. The following tax map parcels are hereby rezoned from their present zoning classification to I-2 (General Industrial): 95.11-03-18.000 95.12-01-12.000 95.12-01-13.000 95.12-01-18.000 95.12-01-19.000 95.15-01-12.000 L'l•�[•�IJ� C�IIII7 95.15-01-14.110 95.15-01-14.120 95.15-01-14.200 95.16-01-05.000 95.16-01-07.000 Section. 3. This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. TOWN OF CORTLANDVILLE PAGE 197 TOWN BOARD MEETING OF MAY 20, 2015 FILED WITH THE STATE EFFECTIVE DUNE 2, 2015 RESOLUTION # 10 1 ADOPT LOCAL LAW NO. 3 OF 2015 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON US ROUTE 11 SUBMITTED BY SUIT-KOTE CORPORATION Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law amending the Zoning Ordinance and Map of the Town of Cortlandville to rezone three (3) parcels from their present zoning classification AG (Agricultural) to I-2 (General Industrial), and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2015, a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it hereby enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Town Board of the Town of Cortlandville having received a request from Suit-Kote Corporation, to consider the rezoning of three (3) of their parcels in the Town of Cortlandville from their present zoning classification, AG (Agricultural) district to be reclassified as I-2 (General Industrial) district, and the Town Board having considered the request and it's environmental impact and having conducted a Public Hearing; Section 2. The following tax map parcels are hereby rezoned. from their present zoning classification AG (Agricultural) district to I-2 (General Industrial): 97.00-01-30.000 — 86.10 acres 97.02-01-12.000 —1.00 acre 97.02-01-13.000 — 3.36 acres Section 3. This Local Law shall become effective when filed with the Secretary of State of the State of New York, as required by law. TOWN OF CORTLANDVILLE PAGE 198 TOWN BOARD MEETING OF SEPTEMBER 6, 2017 FILED WITH THE STATE EFFECTIVE SEPTEMBER 20, 2017 RESOLUTION # ADOPT LOCAL LAW NO. 1 OF 2017 IMPOSING A MORATORIUM AND APPROVALS OF INSTALLATIONS OF SOLAR FACILITIES Motion by Councilman Proud Seconded by Councilman Testa VOTES: Supervisor Tupper AYE Councilman Testa AYE Councilman Proud AYE Councilman Leach AYE Councilperson Rocco-Petrella AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville is committed to the encouragement of alternative sources of renewable energy and as there has been a significant increase of interest by residents, landowners and others in developing Solar Farms and similar installations in the town, and there are at present no regulations or zoning in the Town of Cortlandville Code addressing solar installations and appropriate regulation of the location and other technical issues related to Solar Facilities, it is in the best interest of the residents of the town and Solar Facilities present their own unique technology issues as well as other concerns, and WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on a proposed "Local Law Imposing a Moratorium and approvals of Installations of Solar Facilities", and WHEREAS, notice of said Public Hearing was duly published in the Cortland Standard, the official newspaper of the said town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said Public Hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the town to adopt said Local Law, therefore BE IT ENACTED by the Town Board of the Town of Cortlandville as follows: Section 1. Title This Local Law shall refer to as the "Local Law Imposing a Moratorium and Approvals of Installations of Solar Facilities". Section 2. Purpose and Intent Pursuant to the statutory powers vested in the Town of Cortlandville, to regulate and control land use and protect the health, safety and welfare of its residents, the Town Board of the Town of Cortlandville hereby establishes a moratorium on the review and approval of any and all applications for the installation of Solar Facilities in the Town of Cortlandville. Section 3. Term This moratorium shall expire on March 1, 2018, or upon the adoption of regulations of Zoning Laws relating to such facilities, whichever shall first occur. Section 4. Effective Date This Local Law shall become effective when filed with the Secretary of State as required by law. TOWN OF CORTLANDVILLE PAGE 199 TOWN BOARD MEETING OF SEPTEMBER 6, 2017 J)EFEAkTED 8Y KAND.AcT0RY REFERENDUM VOTES OF ho t, 3i-4 Tv YEs 503 RESOLUTION # 1 3 ADOPT LOCAL LAW FOR THE YEAR 2017 ABOLISHING THE TOWN OF CORTLANDVILLE OFFICE OF SUPERINTENDENT OF HIGHWAYS FROM ELECTED TO APPOINTED Motion by Councilman Proud Seconded by Councilman Leach VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Leach Nay Councilperson Rocco-Petrella Nay ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a Public Hearing on the proposed Local Law for the year 2017, providing for the abolition of the elective office of Town Highway Superintendent and creation of the appointive office of Town Highway. Superintendent of the Town of Cortlandville was introduced at a Special Town Board meeting on August 23, 2017, and WHEREAS, notice of said a Public Hearing was duly published in the Cortland Standard, the official newspaper of the said town, and posted at the Raymond G. Thorpe Municipal- Building, 3577 Terrace Rad, Cortland, New York, as required by law, and WHEREAS, said Public Hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the town to adopt said Local Law, therefore BE IT ENACTED by the Town Board of the Town of Cortlandville as follows: Section 1. Title This Local Law shall refer to as the "Local Law Abolishing the Town of Cortlandville Office of Superintendent of Highways from Elected to Appointed". Section 2. Purpose and Intent Pursuant to Municipal Home Rule Law § 10, the Town of Cortlandville hereby abolishes the Elective Office of the Town Highway Superintendent. At the biennial Town election succeeding the effective date of the Local Law, no Town Highway Superintendent shall be elected, and upon the expiration of the term of the Town Highway Superintendent for who no successor shall be elected, the Town Board shall appoint a Town Highway Superintendent who shall hold office for a term of two years, commencing with the first day of January 2020. PAGE 200 Section 3. Term The abolition of said office to take effect on December 31, 2019 and the appointive office of Town Highway Superintendent of the Town of Cortlandville is hereby created as of January 1, 2020. Section 4. Vacancy If a Town Highway Superintendent cannot or does not complete the appointed term, the Town Board will appoint a person to fill the remainder of the Town Highway Superintendent's term. Section 5. Referendum This Local Law is subject to Mandatory Referendum according to the provisions of Section 23 of the Municipal Home Rule Law. Section 6. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State and after approval of a majority of the electors voting thereon in accordance with the requirements of Section 23 of the Municipal Home Rule Law. 1 L -Fi I ed W i+h +i 4P- 54-a -2 &(�ec.-I-i ve N ovember 17, LO ► 7 Town of Cortlandville PAGE 201 Town Board Meeting of November 01, 2017 RESOLUTION # f83 ADOPT LOCAL LAW NO. 2 of 2017 TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW SECTION 3-C Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0 ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law enacting a resolution to override the tax levy limit established in General Municipal Law Section 3-c, and WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 2 of 2017, enacting a resolution to override the tax levy limit established in General Municipal Law Section 3-c, a copy of which is attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. Legislative Intent. It is the intent of this Local Law to override the limit on the amount of real property taxes that may be levied by the Town of Cortlandville, County of Cortland pursuant to General Municipal Law Section 3-c, to allow the Town of Cortlandville, County of Cortland to adopt a town budget for (a) town purposes and (b) any other special or improvement district governed by the Town Board for the fiscal year 2018 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law Section 3-c. Section 2. Authority. This Local Law is adopted pursuant to subdivision 5 of General Municipal Law Section 3-c, which expressly authorizes the town Board to override the tax levy limit by the adoption of a Local Law approved by vote of sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override. The Town Board of the Town of Cortlandville, County of Cortland is hereby authorized to adopt a budget for the fiscal year 2018 that requires a real property tax levy in excess if the limit specified in General Municipal Law Section 3-c. PAGE 202 Section 4. Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgement or order shall be rendered. Section 5. Effective Date. 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