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HomeMy WebLinkAboutWater - Sewer Districts Zone Changes 1957 to 1973 and Ordinances, Local Laws & Codes 1947 to 1997INDEX TOWN OF CORTLANDVILLE ESTABLISH IENVEXTENSIONS OF WATER & SEWER DISTRICTS 1957-1973 DATE BOOK AND PAGE 03/20/1962 EXTENSION OF WATER DISTRICT #1 1958-1963; PAGE 160 04/19/1962 EXTENSION OF WATER DISTRICT #1 1958-1963; PAGE 165 10/20/1964 EXTENSION OF SEWER DISTRICT 41 1964-1967; PAGE 47 05/04/1966 EXTENSION OF SEWER DISTRICT #1 1964-1967; PAGE 153 TRUNK SEWER LINE FROM TOMPKINS ST. EXT TO HOLIDAY CORPORATION TRACT 05/18/1966 EXTENSION OF WATER DISTRICT #1 1964-1967; PAGE 158 08/03/1966 EXTENSION OF WATER DISTRICT #1 1964-1967; PAGE 181 06/11/1968 EXTENSION OF SEWER DISTRICT 41 1968-1970; PAGE 52 08/07/1968 EXTENSION OF SEWER DISTRICT #1 1968-1970; PAGE 67 STARR ROAD 09/16/1968 EXTENSION OF WATER DISTRICT #1 1968-1970; PAGE 87 10/16/1968 EXTENSION OF WATER DISTRICT #1 1968-1970; PAGE 89 06/04/1969 ESTABLISHMENT OF WATER DISTRICT #3 1968-1970; PAGE 139 09/02/1970 EXTENSION OF SEWER DISTRICT 41 1968-1970; PAGE 250 09/20/1971 EXTENSION OF WATER DISTRICT #3 1971-1973; PAGE 65 10/06/1971 EXTENSION OF SEWER DISTRICT #1 1971-1973; PAGE 71 10/06/1971 EXTENSION OF WATER DISTRICT #3 1971-1973; PAGE 73 11 INDEX TOWN OF CORTLANDVILLE ZONE CHANGES 1957-1973 DATE BOOK AND PAGE 02/11/1957 RESIDENTIAL TO INDUSTRIAL 1943-1957; PAGE 243(1) LOT #73, ROUTE 281 AND ROUTE 14 (MCLEAN RD) 08/30/1957 RESIDENTIAL TO INDUSTRIAL 1951-1957; PAGE 273 ROUTE 281 AND ROUTE 14 (MCLEAN RD) 04/04/1958 AGRICULTURAL TO INDUSTRIAL 1958-1963; PAGE 5-6 PART OF LOTS #82, 83, 92, ROUTE 13 & LIME HOLLOW RD 04/04/1958 AGRICULTURAL TO INDUSTRIAL 1958-1963; PAGE 5-6 PART OF LOTS #83, 93, ROUTE 13 AND THE ROAD LEADING FROM SOUTH CORTLAND TO THE VIRGIL- CORTLAND HIGHWAY 04/04/1958 AGRICULTURAL TO INDUSTRIAL 1958-1963; PAGE 5-6 LANDS OF AGNES S. RORAPAUGH PART OF LOT #93, SOUTH CORTLAND-VIRGIL HIGHWAY 05/18/1959 RESIDENTIAL & AGRIGULTURAL TO COMMERCIAL 1958-1963; PAGE 35 LANDS OF WALTER & JOYCE SAMSON ROUTE 281 07/06/1960 AGRICULTURAL & COMMERCIAL TO COMMERCIAL 1958-1963; PAGE 72-73 LANDS OF EARL J. & DOROTHY H. MOREHOURSE & LANDS OF CHARLES J. & MARY E. HERRMANN STARR ROAD AND CORTLAND TO SOUTH-CORTLAND ROAD 07/06/1960 AGRICULTURAL & COMMERCIAL TO COMMERCIAL 1958-1963; PAGE 73-74 LANDS OF MORGAN AND LORRAINE HOSLEY HOSLEY TRAILER PARK ROUTE 13 AND STARR ROAD (2 PARCELS) 08/10/1960 RESIDENTIAL, AGRICULTURAL & COMMERCIAL 1958-1963; PAGE 85 TO COMMERCIAL LANDS OF ROBERT P. BEAN ROUTE 13 03/02/1961 RESIDENTIAL & COMMERCIAL TO COMMERCIAL 1958-1963; PAGE 108 LANDS OF WALTER E. & BERNICE B. HAWTHORNE LOT #83, ROUTE 13 03/07/1962 RESIDENTIAL & COMMERCIAL TO COMMERCIAL 1958-1963; PAGE 155 LANDS OF JAMES ROGER BELL AND CAROLYN F. BELL FISHER AVENUE 03/07/1162 RESIDENTIAL & COMMERCIAL TO COMMERCIAL 1958-1963; PAGE 159 LANDS OF KATHERINE F. WEBSTER ROUTE 281 ZONE CHANGE THROWN OUT 12/05/1965 1958-1963; PAGE 267 SEE THE SUPREME COURT DECISION "SPOT ZONING" 03/07/1962 AGRICULTURAL & RESIDENTAL TO RESIDENTIAL 1958-1963;PAGE 159,160 MCLEAN ROAD FROM FAIRVIEW DR TO LIMEHOLLOW RD 05/14/1962 AGRICULTURAL & INDUSTRIAL TO INDUSTRIAL 1958-1963;PAGE 168,169 LANDS OF HALFORD S. AND MILDRED F. ROWE INDEX TOWN OF CORTLANDVILLE ZONE CHANGES 1957-1973 BATE BOOK AND PAGE 06/01/1962 AGRICULTURAL TO RESIDENTIAL 1958-1963;PAGE 169,170 FOR "LAMONT ACRES" ROUTE 281 08/13/1962 AGRICULTURAL & RESIDENTIAL TO INDUSTRIAL 1958-1963; PAGE 190 LANDS OF WILLIAM AND MURIEL DIESCHER ROUTE 1.1 08/27/1962 AGRICULTURAL, RES. & IND. TO INDUSTRIAL 1958-1963; PAGE 195 LANDS OF WILLIAM AND MURIEL DIESCHER (CORRECTION TO 8/13/1962) ROUTE 11 11/26/1962 COMMERCIAL & RESIDENTIAL TO COMMERCIAL 1958-1963; PAGE 236 LANDS OF NATHAN J. MUNSON 11/26/1962 AGRICULTURAL & RESIDENTIAL TO RESIDENTIAL 1958-1963; PAGE 237 LANDS OF CHARLES H. FINN, JR. & EMILY FINN ROUTE 222 04/29/1963 AGRICULTURAL & INDUSTRIAL TO INDUSTRIAL 1958-1963; PAGE 259 LANDS OF CHARLES J. ALEXANDER & WIFE 05/13/1963 RESIDENTIAL & AGRICULTURAL TO AGRICULTURAL 1958-1963; PAGE 262 LANDS OF DANIEL J. JOHNSON LOTS 77, 87, 88, AND 89 (ROUTE 11) 01/20/1964 AGRICULTURAL TO COMMERCIAL 1964-1967; PAGE 5 LANDS OF MORGAN BROWN KELLOGG ROAD 04/14/1964 AGRICULTURAL TO INDUSTRIAL 1964-1967; PAGE 13 LANDS OF ARTHUR YACAVONE & LANDS OF CORTLAND WOOD PRODUCTS INC. 07/01/1964 AGRICULTURAL TO COMMERCIAL 1964-1967; PAGE 23 LANDS OF DANIEL & RUTH VANGALDER 07/07/1964 RESIDENTIAL & AGRICULTURAL TO RESIDENTAL 1964-1967; PAGE 26-27 LANDS OF L.C. & CARLETON J. NIEDERHOFER 08/26/1964 AGRICULTURAL TO COMMERCIAL 1964-1967; PAGE 31 LANDS OF EARL TARBELL 11/30/1964 RESIDENTIAL & COMMERCIAL TO COMMERCIAL 1964-1967; PAGE 55 i 03/03/1965 RESIDENTIAL & COMMERCIAL TO COMMERCIAL 1964-1967; PAGE 69 09/01/1965 BUCHANON PROPERTY FOR AMES CHEVE. 1964-1967; PAGE 94 10/04/1965 RESIDENTIAL TO COMMERCIAL -DENIED 1964-1967, PAGE 104 APPLICATION OF CLAIR B. GUTCHESS TOMPKINS ST. EXT. INDEX TOWN OF CORTLANDVILLE ZONE CHANGES 1957-1973 DATE BOOK AND PAGE 10/27/1965 RESIDENTIAL TO COMMERCIAL -DENIED 1964-1967; PAGE 102 APPLICATION OF CLAIR B. GUTCHESS TOMPKINS ST. EXT. 01/26/1966 AGRICULTURAL & INDUSTRIAL TO INDUSTRIAL 1964-1967; PAGE 132 PORTION OF LANDS OF DONALD N. OSBECK ROUTE 13 06/01/1966 LANDS OF BUCHANAN BROTHERS - DENIED 1964-1967; PAGE 165 ARMSTRONG-FORD LOCATION 04/05/1967 RESIDENTIAL & AGRICULTURAL TO COMMERCIAL 1964-1967; PAGE 237 GUTCHESS PROPERTY 05/03/1967 RESIDENTIAL & AGRICULTURAL TO COMMERCIAL 1964-1967; PAGE 245 LANDS OF ALBERT & MARY GALLAGHER ROUTE 13 AND LORING CROSSING RD 04/04/1968 RESOLUTION 963 1968-1970; PAGE 21 AGRICULTURAL & RESIDENTIAL TO COMMERCIAL LANDS OF ROBERT BEAN 06/11/1968 RESOLUTION #112 1968-1970; PAGE 52 AGRICULTURAL TO RESIDENTIAL LANDS OF HAROLD & LUCILLE CLEVELAND 07/08/1968 RESOLUTION #118 1968-1970; PAGE 59-60 AGRICULTURAL TO RESIDENTIAL LANDS OF LAVERNE & CARLTON NIEDERHOFER 07/17/1968 RESOLUTION 9120 1968-1970; PAGE 55-57 RESIDENTIAL, AGRICULTURAL & COMMERICAL TO COMMERCIAL LANDS OF WM. HALSTEAD 07/17/1968 RESOLUTION #121 1968-1970; PAGE 62 RESIDENTIAL & AGRICULTURAL TO RESIDENTIAL LANDS OF DONALD L. MORTON 12/28/1968 RESOLUTION 9199 1968-1970; PAGE 103 R-1 TO BUSINESS LANDS OF HALL & STEARN 11/05/1969 RESOLUTION #156 - DENIED 1968-1970; PAGE 180 RESIDENTIAL R-3 TO R-2 REJECT PETITION OF RESIDENTS OF ALLEN DRIVE/ HALSTEAD ROAD/HOMESTEAD 05/06/1970 RESOLUTION #54 1968-1970; PAGE 220 RESIDENTIAL R-1 TO R-2 AND R-3 LANDS OF J. ROGER BELL & CAROLYN BELL 06/02/1971 RESOLUTION #56 1971-1973; PAGE 27 AGRICULTURAL TO R-1 LANDS OF FRANCIS GORMAN CRESTVIEW DEVELOPMENT r 9 INDEX TOWN OF CORTLANDVILLE ZONE CHANGES 1957-1973 DATE BOOK AND PAGE 07/14/1971 RESOLUTION #87 1971-1973; PAGE 45 RESIDENTIAL R-3 AND BUSINESS TO BUSINESS PART OF LOT #73 07/05/1972 RESOLUTION #95 1971-1973; PAGE 142 RESIDENTIAL R-I AND R-2 TO R-2 LANDS OF STILES FARM, INC. 12/06/1972 RESOLUTION # 175 1971-1973; PAGE 178 RESIDENTIAL R-1 AND BUSINESS TO BUSINESS PETITION OF SYLVIA CARTER ROUTE 13/LIME HOLLOW ROAD 02/01/1973 RESOLUTION #35 1971-1973; PAGE 199 RESIDENTIAL R-1 AND R-3 TO R-3 STARR ROAD 02/01/1973 RESOLUTION #36 1971-1973; PAGE 201 AGRICULTURAL AND INDUSTRIAL TO INDUSTRIAL LOT #91 AND #92 GRACIE ROAD/ROUTE 13 09/05/1973 RESOLUTION #268 - DENIED 1971-1973; PAGE 268 RESIDENTIAL R-1 TO BUSINESS PETITION OF WILLIAM A. & DIANA J. PAULDINE NORTH SIDE OF FISHER AVENUE (4.26 ACRES) INDEX TOWN OF CORTLANDVILLE ORDINANCES/LOCAL LAWS 1957-1973 DATE PAGE 01/22/1957 ESTABLISHMENT OF A WATER DISTRICT IN THE TOWN OF 01 CORTLANDVILLE, CORTLAND COUNTY, NEW YORK 05/21/1959 ESTABLISHMENT OF A SEWER DISTRICT IN THE TOWN OF 02 CORTLANDVILLE, CORTLAND, NEW YORK 04/06/1960 AN ORDINANCE PROHIBITING THE USE OF ANY LANDS AS A DUMP 05 OR DUMPING GROUND EXCEPT LANDS ESTABLISHED AND DESIGNATED BY THE TOWN BOARD AS A PUBLIC DUMP OR DUMPING GROUND 08/06/1960 AN ORDINANCE CONSTITUTING THE RULES AND REGULATIONS FOR THE 07 OPERATION OF SEWER DISTRICT 91 IN THE TOWN OF CORTLANDVILLE, AND THE USE OF THE SEWER SYSTEM THEREIN 06/18/1962 ESTABLISHMENT OF WATER DISTRICT #2 CRESTWOOD COURT 17 IN THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK 01/14/1963 AMENDMENT TO SECTION 21 ZONING ORDINANCE 19 COMMERCIAL EXCAVATION AND STRIPPING OF TOP SOIL 05/06/1963 AMENDMENT TO "AN ORDINANCE PROHIBITING THE USE OF ANY LANDS 20 AS A DUMP OR DUMPING GROUND EXCEPT LANDS ESTABLISHED AND DESIGNATED BY THE TOWN BOARD AS A PUBLIC DUMP OR DUMPING GROUND" 04/29/1964 AMENDMENT TO "AN ORDINANCE CONSTITUTING THE RULES AND 21 REGULATIONS OF WATER DISTRICT #1 OF THE TOWN OF CORTLANDVILLE GOVERNING SUPPLY AND USE OF WATER" 02/08/1968 AMENDMENT TO "AN ORDINANCE PROHIBITING THE USE OF ANY LANDS 23 AS A DUMP OR DUMPING GROUND EXCEPT LANDS ESTABLISHED AND DESIGNATED BY THE TOWN BOARD AS A PUBLIC DUMP OR DUMPING GROUND" 05/13/1963 NEW ZONING ORDINANCE AND MAP 25 06/04/1969 AMENDMENT TO ARTICLE XIII, SPECIAL PERMIT USES 26 06/04/1969 ESTABLISHMENT OF WATER DISTRICT NO. 3 OF THE TOWN OF 27 CORTLANDVILLE, CORTLAND COUNTY, NEW YORK 10/15/1969 AMENDMENT TO "AN ORDINANCE PROHIBITING THE USE OF ANY LANDS 30 AS A DUMP OR DUMPING GROUND EXCEPT LANDS ESTABLISHED AND DESIGNATED BY THE TOWN BOARD AS A PUBLIC DUMP OR DUMPING GROUND" 08/05/1970 AMENDMENT TO "AN ORDINANCE CONSTITUTING THE RULES AND 31 REGULATIONS OF ALL WATER DISTRICTS OF THE TOWN OF CORTLANDVILLE GOVERNING THE SUPPLY AND USE OF WATER" - ARTICLE IV, SECTION 1. SERVICES 10/22/1970 LOCAL LAW NO. 1 OF 1970 - CODE OF ETHICS 33 09/06/1972 APPLICATION OF WALTER O. WESTENDORF AND ST. MARY'S CHURCH 37 FOR THE ANNEXATION TO THE CITY OF CORTLAND OF CERTAIN TERRITORY ADJOINING SAID CITY, NOW LOCATED IN THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK 01 Town of Cortlandville _ Special Town Board Meeting — January 22, 1957 Page 241(1) and 242(2) of 1943-1*957 Minute Book s v 'ias fat''. TYa t'b1 5.k2I31r'nt o a UXT'r, �1��a'1'i.1:�1' ri 'tii.e �70'ir..��t'ldvi? York ?M1z a: Petition for ale cr6ation .of a. �� Wei' 1J n tr •ct. tli6; Tawn ci-^oy'��` c rs��� 1Z , Cortland Iounty;. ".i��* sork,: U s�Ad itioax'' e�ira :f; .ted. October 9, 19 �a:w�.s ds 1, p're erat�>d v,:1 'l�l is t. Town 13c�� rcl tc� eerier 7 tsx. tl c,,necessary Ya-p ' nd .,Plan ate: Wilted. lay :•rti: ; rlere . ti..$� irder �.: dtil.;� �.dout'ed by tlae sown F-o rd cra 'e�'I. -na Io17L' f info o s{'L d t11 J$L,ji ]Ve?i 1 ' r).+j7}77 i E, r �; :, r;r -:o Dis �ric`t, and tree ettimi a.te'? ex �e:. uc tile -boundaries c% a -lc � � , v C� ixerea aaicz t]'C: f y` nf:> ve giber 22, 1955 ��.try�: Cd��C� ��7��..: 1:�1. <�e t?atA t�z��,�: a nd the, Grange I-11E1.11 L'a the ill ,?ge, Off, 501ltr?',t2t�:. :;Pjwria. ujae I ?.t'°fl 1+`t er-e '"n-11 ssi6l BGarid T-,,o lil :?:S-E't to. {'Or'i iC:E*I" ��1°�' ..`: .'i;l i ..' — t? r1E .?' 1! TE"'`orae J.'sLf'l'4 .:,L !is tti L>1ajer'4 tj1E:>o8C7i co$32.'Y'Li1f, Rnd V1! re s loucill 0 ?er t:.to rluly^ °oublislted anr. osted ao x'ec�ztl� e� _ 1. ^,rira A � tine setter w� cltzly' he`1.d: by thy:P_ ��r��� rl on �:..:. lia'tr off" 'November, 1955, commencing enC:�.$`g at 8., 00 ?, . �' , nt X��G' � i'r L r f 'P C i r'Ou ¢t. _, Cortland In sa e °T."own.0 and l•? ti'C,1-'..`i.on ULo, 'flie ,Patter having bE'•P.n la,_, Y1C1 i'�� ��C'.'.C'.�o ns bf, been Gaily heard; 117 exa t%iP, Ovid noe given upon Esuci:i I enrilig.',. ;�,rs+�. unol� not i3ean, :seconded 7T1J+i `1I ., yr+yr D t1' at (s) the Ve.tj io' n 3;AC I'f' ^ � i� is .slf••_ne __ :o-F�1 edsYo r proved az required by lavj duly coo-plie.ewith the :_eement� of eation 191 Of vitae' Town Law �� �o �ufPicl'ency. �.� ta r� .,-,,act to the boundaries cif txie -. rop sea ')istrict� as, : ,rove(3, r.Yiil 1 Gtlacx-vise sUfticient,; .(b) all the pro-perty e,rty r�� ner�, �t=i*rai n the rr. o i District are bene i ted thereb,� . '--perty ?.nd pro )er ty :Qt•�1a' err, bea3�'f �.t.ed -are a1Cl.LiC� 8� W u.e� of the pro -posed. District:.,.. --.nd. (d.) It Is in to nubile to c rant In',iiC l 18 rel i of sought * and ,� a is �'szrthEr to 41 a T' C: 7 i-" t�e..iAt: tie fl ":st ii bl. i,C+l:Irm7 ent C3.1 ',•�'c`ta t$1° Di 'ta t - :e p>t.opb ea Ira ..sAid .=et:s t°_,on be approved; that the iaa$vement then of a2.C'i22J: ta?ZC'. 3 ,CG 3Ef;l't„C E?rl. •''ild to ie SF"-" v -e the.�'*ein, mentioned be -provide,". '6 r u-In,)r .'hie tae required Funds, being .made -availab e or .nre-)vIded f.o3* 'ru+c-h (�..is trt.Ct Ei':all 1 e designated el.$3t� known a3c' v{c`i tPr his vP? o.; g of :the ` o-vil of i�-�rt�_ .rad€illa, and ei�l .11 bo. bcu ded end. desc:-Ibed ti City nel-to, a poInt 903 ft. f the Otarr r:~'oad. o t �'.: t from, $ri the I I' l uad, 7Cot 'rot? Virgil ', c; d. to -R,ut e 1.7. cLen:n !'RoafL ,,ecU from >c.ute to P-. ;point 9 0 G ft:, be.yo$xd 'Route c'cS coat^. l from i=..'t. .? 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IP c'i:Ynd,e•,r Wit, f '..l '.v ''{.e y lQ�.i r. :�.. r1t UI'i'�.'�f!t ...%r R�%� ay �-: i.1��e ea Jt� .d ter, Ft1 T �'t T"si,7iil,,s"t.,•', ". t:axc. �_;�l�i��' rxt. 8ti8Gr$;3.,: oz. 24L I t SAC��V FM Vial " o �� . e nupmvoment, �, ialuding costs ;)f any l h' f .way" � Nagel knii ongAnserina v aM a.1, %other axe^ . a � m ra ersor fl-kill -be is m a._, h..�'tihtTo'1.tiy k &,mll,1i days after the ymIn �pttojle W.0 cB yiiv. , , 1' (Inar icate 'In'. thea Off -lot ,-f the FMnte Depaetnivit of Audit ,aM Con- 11a,71,02 c,)t ;p��'��l, pry ry'��jp� Mmv � ork.2* '+��.oget;tier ¢� create �n3li a¢�� p��y'.. �:� 9+Loa�y�b �qA�sy b�€q�� ml } '6In '��F6�lYw�SyL..A ea �+'is 5 �j J b �a'S �b pkp'6+a Rm' :}6 L•;0 ~a:rJ cd G:.i t Hh%�t P.x}!E, 4ih DI'va ti".�r. i ot.' a!J y}". "D 7 3 ded uh:,1 ,n . by cxeoutod w-ul v rifted ,,,_ m,n0 In bthkalf of file T "I by he WEI 03 Town of Cortlandville Special Town Board Meeting - May 21, 1959 Page 36 and 37 of 1958-1963 Minute Book May 21st,1959r, Special Meeting, continued- In the Matter of * RESOLUTION Establishment of a Sewer District in the Town of Cortlandville, Cortland, New York +� WHEREAS a Petition for the creation of a Sewer D-ttrict, in the Town of Cortlandville, Cortland County, Cortland, New York, the said Petition being dated March 20, 1959, was duly presented to this Town Board, together with the necessary Mar and Plan attached thereto; and P . � �� WHEREAS an Order was fully adopted b3 the,Town Board on April 13, 1959: reciting the filing of said Petition, the improvement proposed, the bound.. aries of the proposed District, and the estimated expense thereof, and specifying April 27, 1959 at 8 P.M. as the time and the Grange Hall in the Hamlet of South Cortland in said Town as the place where the said Board would meet to consider the'Petition and to hear all pearsons interested in the subject thereof conedrning the same; and WHEREAS such Order was duly published and posted ( by the Town Clerk) as required by law; and WHEREAS a hearing in the matter was duly held by the Board on the said 27th day of April, 1959, commencing at 8 P.M., at the Grange Hall in the Hamlet of South Cortland in said Town, and considerable discussion upon the matter having been had, and all persons desiring to be heard having h,een duly heard; NOW, upon the evidence given upon such hearing, and upon motion of Floyd Colegrove seconded by Sherman Griswold it is RESOLVED AND DETERMINED that (a) the Petition aforesa.id is signed and acknowledged or proved as required by law, duly complies with the require- ments of Section 191 of the Town Law to sufficiency of signers with, respect to the boundaries of the proposed District as herein approved, and it is otherwise sufficient; (b) all property and property owners within the pro- posed District are benefited thereby;- (c). all the property and property owners benefited are included within the limits of the proposed District; and (d) it is in the public interest to grant in whole the relief sought; and it is further RESOLVED AND DETERMINED that the establishaent of a Newer District as proposed in said Petition- be approved; that the improvement therein men.• tioned be constructed and the .service therein mentioned be provided for upon the required funds being made available or provided for; and that such District shall be -designated and known as Sewer District # 1 of the Town of Cortlandville and shall be bounded and described as follows: Beginling at a point in Tompkins Street said point being the southwesterly corner of Cortland City limits and proceeding east along the corporation line to a point two hundred (200) feet west of the center line of Abdallah Avenue; thence south parallel to and two hundred (200) feet from the centerline of Abdallah Avenue four hundred fifty (450) feet more or less to a point, thence southwesterly a distance of one thousand four hundred (1400) feet more orless to the intersection of the centerline of Starr Road and the centerline of Glenwood Avenue; thence south on the extension of the centerline of Glenwood avenue a distance of nine hundred ( 00) feet more or less to a point on the south boundary line of Water irtrict # 1, of the Town of Cortlandville; thence north eighty-three degrees four min. utes west (N 93004°W) along the south boundary line of Water Dist.#'ls eight hundred and eighty-five (885) feet more or l.ess to a point; thence south sixty degrees two minutes west (S 60000W) along the south boundary line of Water District # 1 a distance of three hundred and eighty. -five (385) feet to a point; thence south sixty degrees twenty. -eight minutes west (S 600 281 W ) along said District boundary a distance of three hundred (300) feet to a point, thence south sixty degrees thirty-six minutes west (S 600 36, W) along said District boundary fifteen hundred (1500) feet to a point; thence south sixty degrees forty-two minutes west (S 600 42 1 W) along. said boundary a distance of five hundred and twenty (520) feet more or less to a point; thence south thirty-one degrees thirty minutes west (S 31030,W) a distance of four thousand eight hundred and twenty (4920) feet to a ..point; thence due west one thousand eight hundred and fifty (1850) feet more or less to a point in the center line of New York State Rte. # 13; thence north two degrees thirty minutes west (N 20 301 W) two thousand seven hundred and fifty (2750) feet to a point, thence north. easterly five thousand eight hundred and seventy (5870) feet more or less to a oint west of Terrace Road said point being one hundred and ,fifty (150� feet w4st of the centerline of Terrace Road and one hund- red and fifty (156) feet northwesterly of the centerline of New York State Rte. 13; thence north parallel to and one hundred and fifty (150) feet west of the center line of Terrace Road one thousand and one hundred (1100) feet more or less to a point two hundred (.200) feet 1 'north of the centerline of McLean Road; thence east parallel to and l north two hundred (200) feet of the centerline of McLean Road nine hundred (900 ) feet more or less to a point two hundred ( 200 ) feet easterly o.f the centerline of Allen Road; thence northeast parallel to 'and. four hundred and seventy..five (475) -feet north of the center. line of New York State Rte. 1:3, one thousand eight hundred and seventy. five (1875) feet more or less to a point; thence northeast eight hundred and seventy -fjvr (975) feet more or less to a point one _ hundred and seventy-five (175) feet west of,the centerline of Vernon Drive and two hundred and fifty ( 250) feet north of the centerline of Rte.. 13; thence two hundrd and sixty (260) .feet more or less south. } easterly to the point of beginning;' and be it further RESOLVED, that the proposed improvement, .including cost of rights of way, construction costs, legal fees and all other expenses, shall be,financed as. follows:. By the issuance of Serial Bonds of the Town of Cortlandville, Cortland. County, Cortland, New York, and it is further RESOLVED, that the gown @lerk of this Town (LELAN M. BROOKINS) yshall within ten days after the adoption of this resolution file certified copies therof in duplicate in the Office of the state �ep- artment of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to'create such district" as provided for by Town Law Section 194; and that such app•• lication'shall be executed by and in behalf of the Town Board by the Supervisor of the Town. DATED..... MAY 21, 1959. E Town of Cortlandville Town Board Meeting - April 6, 1960 Page 66 and 67 of 1958-1963 Minute Book The dump ordinance was discussed and Peter Dorset expressed his obje'ctions to said ordinance,,,also, Mr. Kimberly of McGraw, objected. After discussion, and upon motion made by Justice Merton Bean and seconded by Councilman upon Griswold, a public hearing having been held thereon April 1, 1960, the following Ordinance was unanimously adopted',. . , Pursuant to sections 220 (5) and 130 (6) of the Town Law AN ORDINANCE PROHIBITING THE USE OF ANY LANDS AS A DUMP OR DUMPING GROUND EXCEPT LANDS ESTABLISHED AND DESIGNATED BY THE TOWN BOARD AS A PUBLIC DUMP OR DUMPING GROUND. BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. Definitions. The term "Person" as used in this ordinance shall include an indivIffu-911, society, club, firm, partner- ship, corporation or association of persons,, municipality or municipal corporation, and the singular number shall include the plural number* The term "rubbish" as used in this ordinance shall include waste metal, tin cans, ashes, cinders, glass, pottery and all dis- carded substances ofi,.a solid and incombustible nature. The term "garbage" as used in this ordinance shall include waste food, papers, dead animals or parts thereof, and all worst or discarded wood, lumber *or vegetable matter of any kind, or any other matter which shall be inflamable or capable of fermentation or decay. The term "dump" or dumping ground" shall mean land or premises upon which rubbish and garbage shall be thrown or deposited, whether or not and not with standing that the same way be subsewuently covered with earth or other material as part of a land fill, land -excavation or other similar operation,' Section 2. Site . The premises owned by Richard.Space and wife, and presently beingusedas a public dump or dumping ground' situate on the northerly side of the street or highway known as the Stupke Road, westerly of lands of the Lehigh Valley R.R.Co., in the T ' own of Cortlandville, are hereby designated as the public dump or dumping ground of this town for the deposit of rubbish by residents of this Town only, subject to the regulations and restrictions herein provided. The regulations herein contained shall also apply to any other lands or premises hereafter acquired or leased for the deposit or disposal of rubbish. M Section 3, Restrictions on use; vehicles and large articles. No person shall carry or 1eave9 or cause to be carried or left, upon the premises mentioned in Section 2 of this ordinance, any auto- mobile, vehicle, machine, appliance or other article, or any part thereof unless the same shall have been dismantled and the body thereof so cut an flattened out so as to permit the same to occupy a minimum of space. Nothing herein contained, however, shall prevent the leaving of such vehi le or other article on the premises under an arrangement with the care- taker thereof' by which such caretaker is to dismantle and properly break up and dispose of the same. Section,. Restrictions on use, garbage. No person shall carry or leave, or cause to be carried or left, upon the premises �I mentioned in Section 2 of this ordinance, any garbage, as herein " defined, or any material, waste or offal of any kind which shall give off any offensive odor, either ,when left upon the premises or there- after, or which creates or may thereafter create a nuisance of any kind, or which shall be or may become dangerous to human or animal life Section 5. fi6strictions on use; residents only. No person shall deposit any ru bish of any kind on the premisesiaTrein design nated for such •purpose, except a resident of the Town of Cortlandville or a person owning or conducting an established business in the Town of Cortlandville. Section 6. banner of use. No person shall deposit or cause to be depositea any substance of any kind on the public dump or dumping ground herein designated, except at the places and in the manner directed by the person in charge of the premises under author- ity of the Town Board, whether such diredtio n is given personally, or by another person by his authority, or by a sign or signs erected. upon the premises by his authority. Section 7. Prohibition of dumping , on _arty other lands. No person shall throw or deposit, or cause o be brown or eposited, any garbage, rubbish or abandoned vehicles or parts thereof, upon any land or premises, highway, street or place within the Town of Cortlandville, except upon the premises hereinbefore established and designated for such purpose, and no person shall, in anyway or by any method, use any other lands or premises within the Town of �ort- landville as a dump or dumping ground, Section 9. Penalties. Any person violating any of the provisions of Fels ordinance s all be guilty- of a misdemeanor and upon conviction thereof be punishable by a fine or by impris- onment in the County Jail, or by both such fine or imprisonment; and upon failure to pay such fine, to be imprisoned in .the @ounty Jail until such' fine- be paid, not to exceed one day for each dollar of the fine imposed, Section 9, Revocation of privilege. Any person, who..or j whose servants, agents, employees or officers shall be convictio, ed of violation hereof, may thereafter be denied the use of such public dump or dumping ground either temporarily or permanent• ly by the officer or employee in charge thereof or by resolution of the Town Board. Section 10._Effective date. Thts ordinance shall take effect immediately, By Order of the Town Board, April 7, 1960, Lelan M. Brookins, Town Clerk .10 T S@TZTTTO'eJ TIV UL-Gm TTUV9 MUNIgXxx 1� IIS3111C)PI ;D2'cAGcS,- 'TOT UOTV S :smoT-Eoj 3-a aq TT'eT.8 GOuauT-PJO sTT35 UT P@sn SUIJG4 JO 5 - @-aq, SSOTUJJ SUOT9,TUTPCI E, gTO-Eqlv :SLICTIOJ S-a 'OTTTA -pu,elqjoo jo uplo, aiq; jo pi-eog umoj aq�q paqveua, pua pauT-Rpio 9-T G)2 0961 1� 4snOnv pgoad uTqaqTzj, uiazsgs aames 9ZI4 jo esfl qur!. pue lq-[TTAPU,8jaJOC) jo umol 97; UT I #- ZOW48T(l agAss JO UOTZ'eaedo Sur% and qUOT4vjnsq-u PUV SeTna Gqq, SUT44T4suoo GouvuTpao UVII JO aoT UOT4099 0!. zuLansand I-[ 4aTa!pTcj agaas GjjjAPUVj4aOD JO UX01 JO lj!.uqpuq4uTaqdllslj su 40-e 04 uosaa GT-To, Pq!,lausTsqp `ST Sq9-lGU[ OT4 PUI? '9q S.RVATTSTH JO 4U9pU94UTa9dnq unol, 9T-T; Z-etT4 ClaAIogau :STenotuTuvun svn 4T '9AOaSOTOO soved atT; jo aoT4snf �q papuooes 'PlOASTai) uvmlTOunOD JO UOTZOm uodfl zomvmicluo - M-61 Sq pGaTnbea ov emvs 9T4; 4sod puv qsTlqnd o4 poaapao umol 9T49, puv 1pe;dopv SlonowTuvun svm tuTeaeti; m9opSe aablog auk, jo asn aTT; pLre I-# ;aTa;sTC[ aexa C! jo uoTZ-eaedo auk aoj suoTo,-eTn -5911 pu's salma au; SuT4n4T!puoo aouvuTpao OuTAOT.7[oj 9Tqo, ', uLlga U04a9K ijXRXRRjR2[ aoT4snf Aq papuooas I uooeg pa-euoal ualu-[Tounob jo UOT40tu UO :sUOT4L-Tn.9,q,d !joT-a4qTcj agmas )1009 QTnu!W E961-8961 JO V8-9L;D&3d 0961 'E jsn2?nV - 2uipoW pmog umoL OTHAPUL111JOD JO UMOJL I E m so 08 Town of Cortlandville Town Board Meeting - August 3, 1960 collecting, pumping, treating, and disposing of sewage. Section 102. "Superintendent" shall mean -the person designated to act as such'by tl,e Toun Board, or his authorized deputy, agent or representative. - Section 103. "Sewage" sriall mean a combination of the water' carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.. FxXXXXXXXXU Section 104. "Sewer" shall mean a pipe or conduit for carry- ing sewage. Section 105. "Public Seer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by the public authority. ,J Section 106. "Sanitary Sever" shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not inten- tionally admitted. Section 107. "Storm Sewer" or "Storm Drain" shall mean 0, sewer which carries storm and surface waters and drainage, but excludes sewftge and polluted industrial wastes. Section 108. "Town" shall mean the Town of Cortlandville, Cortland County,New York. Section 109. 11Toz•Jn Engineer" shall mean the licensed Pro- fessional Engineer, specializing in Civil and Sanitary Engineering, emploued by tree Town to give professional advice on matters arising in connection with the Town Sewerage System. Section 110. "Sewa.ge Treatment Plant" shall mean any arrange- . .vent of devices .and structures used for treating seT,,a.ge. Section ].11 "Industrial 9Tastes" shall mean the liquid wastes from industrial processes as distinct from sanitary sewage, Section 112 "Garbagei1 shall mean solid wastes from the pre- parati-Qn, cooking, and dispensing of food, a,nd from the handling, storage, and sale of produce. Section 113. !'Properly shredded Garbage" shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely* under the flow conditions normally prevailing in public seiters, with no particle greater than -:',- inch in any dimension, k Section 114. "Building Drain" shall :rean that part of the lot•.7est horizontal piping of a drainage system whish recieves tre die - charge from soil, waste and other drainage pipes inside the walls of � the building and conveys it to the building seiyer, beginning 5 feet outside the inner face of the building wall. Section' 115. "Building Sewer" shall mean the extension from the Building drain to the public sewer or other place of disposal. Section 116. "B.O.D." (denoting Biochemical Oxygen Demand) sriall mean tree quanity of oxygen utilized in the biochemical ox- idation of�rganic matter under standard laboratory procedure in 5 days at 20 ., expressed in parts per million by T,7eight. ® 009- Town of Cortlandville Town Board Meeting - August 3, 1960 Section 117. "PH" shall mean the logarithm of the reciprocal of the T,Yeight of hydrogen ions in grams per liter of solution. Section 119. "Suspended Solids" shall mean solids that either float on' the surface of, or are in suspension in water, sewage, or other XXYXX liquids; and wnicri are removable by laboratory filter- ing. Section 119. "Natural Outlet" shall mean any outlet in -to a watercourse,pond, ditch,lake or other body of surface or ground water. Section 120. "Watercourse" shall mean a. channel in `Tnich a flow of water occurs, either continuously or intermittently. Ij Section 121. "Person" shall mean any individual, firm ,company association, society, corporation, or group. Section 122. "Shall" is mandatory; "May" Is permissive. ARTICLE 11 Use of Public Sewers Required Section 201. It shall be unlawful to discharge to any natural outlet within the Town of Cortlandville, or in any area under the jurisdiction of said Town, any sanitary sewage, industrial wastes,or other polluted waters, except where suitable treatment his been pro- vided in accordance with subsequent provisions of this Ordinance. Section 202. Except as herina.fter provided, it shall be unlaw- ful to construct or Maintain any privy, privy vault, septic tank, cess- pool, or ot.ner facility intended or used for the disposal of sewage. Section 203. The Owner of any house, building or property used for human occupancy, employment, recreation, or other purpose erected or constructed after the enactment of this Ordinance, situate within Sewer District # 1 and abutting on any street, alley or right-of-way in which a public sanitary sewer is located, shall install suitable .nd proper toilet facilities therein and shall connect such facilities with such public sanitary sewer in accordance with trie provisions of this Ordinance before in any manner using or occupying such premises, unless such public sanitary sewer is more than 100 feet from the -orop- erty line of such premises. The Owner of any house, building or property in use at the time of the enactment of this Ordinance for human occupancy, employment, recreation or other purpose, situate within -Sewer District # 1 l ,abutting; on any' street, alley or right-of-way in Gihich a. public sanitary sewer is located shall also connect any toilet facilities therein with such public sanitary sewer in accordance with the provisions of this Ordinance. �I if (1) such public sewer is within 100 feet of the property line of such J premises and (2) the Owner of such premises has been notified to make such connection by -the Cortland Health (County) Department. Any connection so required to be made shall be made within the time specified in such notice but not more than 90 days following receipt therof. Section 204. Connect.ons to the sewers shall be made at the dis- cretion of the Superintendent. Fees for connecting to such sewers, payable to the Town Clerk upon obtaining a permit therefor, shall as follows: For premises used for residential purposes 525,00 CoXmeri cal " 50. 00 Industrial " 100.00 00 10 Town of Cortlandville Town Board Meeting - August 3, 1960 Any proposed housing developments in the presently uninhabited and unsewerd areas of the sewer distric shall have sewers provided at therexpens( of the person developing the land. Priop to the preparation _of, .any..pla.ns for such sewerage facilities, the developer a.nd/orhis .Engineer _shall_ confer with the Town Engineer regarding the overall planning of the sewerage system for the sewer distric. Any sewers provided to serve a developmT•rnt shall conform with long range overall elan so that the -entire sewer_ distri.et may be adequately served in the future. Plans of the pro -,_-used fa.cilitied must be submitted to, and approved by, the Town Engineer prior to the start of any construction. Plans must also be approved by the State Health Department. The standard residential connection fee of $25.00 per..house.shall apply to all new residences whether they are connected into the establ,ishea sewers or into sewers to be provided by the developer. Tile construction of any sewers by said developers shall be subject to inspection and in- filtration tests by the Town Engineer prior to acceptance by the Town. The Owner of any building or premises used for residential )com �- mercial or industrial purposes not connected to the Town's public water supply install a water meter on any private course of water supply. serving such premises before being permitted to connect to the Town's public sewerage system. The cost of such meter, including the instail.ation thereof, shall be added th the connection fee payable by..such Owner.. Such water meter shall be used to determine the amount of water wi'aich ultimately reaches the Town's sewerage system. By accenting the ToT,;n's sewerage facilities, such Owner authorizes and consents to the reading of such water meter by the Town's agent or employees.,The owners of any premises served both by a priva e and public source of water supply which ulti- mately passes into the Toxin's sanitary sewers shall install a water meter on his source of private water supply as herein provided. . A flat rate for sewer rental, in lieu of installing such water meter may be imposed at the discretion of the Town Beard.. ARTICLE III. Private Sevrage Disposal SECTION 301. 'Where a public sanitary sewer is not available.under the provisions of Section 203, the building sewer shall be connected to a private sewage disposal system complying with the rules and regulations of the Cortland County Health Department. ARTICLE IV Building Sewers and Connections SECTION 401. No unauthorized person shall uncover, make s.ny connec- tions with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent. SECTION 402. There shall be three (3) classes of building sewer permits: (1) for premises used for residential purposes, (2) for prem- ises used for commercial purposes; and (3) for premises used for industril al purposes. In any case, the owner of his agent shall make application i on a special form furnished.by the Town. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the ,judgment of the Superintendent. a permit and inspection fee of Five ($5.00) Dollars for a sewer permit to connect to premises used for residential or commercial purpos-�es and Fifteen ($15.00) Dollars for a sewer permit to connect to premises used for industrial pur poses shall be paid to the Town Clerk at the time the application is filed. SECTION 403. All costs and expense incident to the installation and connection of the building sewer shall be borne by the Owner. The Owner shall indemnify the Town for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. I a Lf Town of Cortlandville Town Board Meeting- August 3,1960 SECTION 404. A separate and independent building sewer shall be pro- vided for every building, except where one building stands at the rear of another on an interior lot and -no private sewer is available or cah be constructed to the rear building through an adjoining alley, court, ,yard, or driveway, the building sewer from the front J building may be be extended to the rear building and the i-,hole considered as one building sewer. SECTION 405. Old building sewers may be used In connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this ordinance. SECTION 4o6 An� new building sewers shall be cast Iron soil pipe, ASTM specification A7 -42 or equal; or "Transite" or equal asbeetos-cement house cone' pipes 1pe; or other suitable material.approved by the 'super® intendent. Joints shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service piDe shall be constructed of cast iron soil pipe with leaded Joints. Cast iron pipe i-lith leaded Joints may be required by the Superintendent where the building sewer is exposed to damage by tree routs. If Installed in filled or unstable ground, the building sewer shall b„ of:.bast iron soil pipe, except that non-metallic material may be acce-,Dted if'la'id on a suitable concrete bed or cradle as approved by the Superintendent.' Building sewer pipe shall have a maximum length of 5 feet bet-o,,een Joints. SECTION 407. The size and slope of the building sewer shall be subject to the approval of the Su-perintendent, but in no event shall the diameter be less than four (4) Inches. The slope . of such 4-inch-ripe shall be not less than ane=elghth (1115)) inch per foot® SECTION 408. Whenever possible the .building sewer shall -be brough t 'to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three (3) feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be,made only T,�iith properly curved pipe and fittings. SECTION 409. In all buildings in which any building drain is too low g to permit gravity flow to the public sewer, sanitary sewage carried by such -drain shall be lifted by approved artificial means and disc1iarged to the building sewer. SECTION 410; All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Superintendent. Pipe laying anc� backfill shall be performed in accordance with ASTIR specification 012-19 except that no backfill shall be placed until the work has been inspected, SECTION 411. All joints and connections shall be made gastight and watertight. Cast iron pipe joints shall be firmly racked with oakum or hemp and filled with molten lead, Federal Specification QQ-L-156, not less than one (1) inch deep. Lead shall be run in one pouring and calked tight. No paint, varnish, or other coatings shall be permitted on the jointing -material until after the joint has been tested and approved. The transition joint between cast iron pipe - and Transite pipe shall be made with either lead or approved hot -poured jointing material as specified herein. Material for hot -poured joints shall not soften sufficient- ly to destroy the effectiveness of the joint when subjected to a"temperature of one hundred sixty (1600 F) degrees Fahrenheit, nor be soluble in any of the wastes carried by the drainage system. The joint shall first be calked tighto with jute, hemp, or similar approved material. "Transitell Asibestoe- Cement pipe joints shall follow the manufacturer's, recommendations. Other jointing materials and methods may be used only with the approval of the Superintendent. SECTION 412. ale connection of the building sewer Into the public. sewer shall be made at the "Y" branch, if such branch I,,-, availabl-e- at a suitable location. If the public sewer is twelve (12) inches in diameter or less, and no -properly located "Y" branch is available, the owner shall at his expense install a "Y" branch in the public sewer at the location ou Town of Cortlandville Town Board Meeting - August 3, 1960 ,pecified by the Superintendent. Where the public sewer is greater than welve (12) inches in diameter' and no properly. locate. fIVI branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the d.oeinstream direction at an angle of about forty-five (456) degrees. A forty-five (45O) degree ell may be used to make such connects on, with the spigot end cut so as not to extend past the inner surface of the -public sewer. The invert of the building sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be maae and the connection made secure and i%ratertight by encasement In concrete. Special fittings may be used. for the connection only when approved. by the Superin- tendent. SECTION 413. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for Inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintenaent or his representative., SECTION 414. A-11 excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard, Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored In a manner satis- factory to the Town. SECTION 415. .an y plumber wishing to be recognized as com,7etent by Sewer District No. 1 shall file in the office of the Town Clerk his application in writing giving ?dace name of his firm and its ace of business, and ask to be permitted to perfori-ii i,,Tork in connection with said Sei,Ter District No. 1. The said application must state what experience the applicant has had as a -olumber and give satisfactory evidence thatthe applicant is a regular, ­trs-ined, practical and experienced plumber, and that he will be governed in all respects by the rules and regulations which are or may be adopted by the Town Board, and that he will pay all ?penalties imposed upon him for the violation of any of the rules or regulationo of said Board. The apVlAcations must be verified by the applicant. The forfeiture or suspension of recognition of any plumber operates as the forfeiture or suspension of recognition of any co-partner, or employee of such suspended plumber. Recognition issued to a plumbing firm becomes imonerative on the dissolution of said firm., and a new application must be filed for any party continuing the business of such firm. I Recognition becomes Inoperative whenever the party or parties to izhom it is issued no longer have a recognized place of business or shop. No plumber shall allow his name to be.used by any. other person or party, either for the purpose of obtaining -perTits or doing work under his recognition. Recognition cannot be transferred. The plumber designated and employed by the 3i,,Tneic- of the premises will be considered the agent of such.cwner while employed in the -prosecution of the work or while introducing sewer facilities into said premises, and will nct be recognized in any sense as the agent of the Town, Board, Neither Sewe., District No. 1 nor the Town of Cortlandville shall be responsible for the acts of such plumber. L! Al`? plumbere shall within forty-eight hours after completing the work -v on any house se-er lateral make a written report to the Town Board of all -oipes attached. or connected or disconnected by them or under their G_izoervj__-;ion. When trenches are opened for the laying of house, sewer lateral pipes; such trenclee shall be inspected by the Superb e perint ndent. before the same are filled; and the plumber performing such work shall notify the Superintendent when the laying of house sewer is coran-leted. The fillip; of a trench before inspection is made will subject the plumber to whom a permit Is issued to a nenalty of �25.00 for each offense. In case of a violation of any provisions of this Ordinance or of the rules and regulations adopted by the To-vn Board here- under by a -plumber, hio hourneymen plumbers, or other -persons in his employ, he (the plumber) may be suspended or h1s recognitior may be revoked. by the TovanBoard. Town of Cortlandville Town Board Meeting -August 3, 196,Wli cl e .._5. Use of-Publicewer-- -..._. ..._ .. .._ .....__ -Section, 50 : No -person s'aall--discharge =or- cause- to be ­discharged any--storm-water, surface water, ground water, roof runoff. subsurface drainage, cooling water or unpolluted industrial process waters into any sa.nitar sewer.:; ' Section 502. Storm T-,Tater and all otherApolluted drainage shall be discharged into such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the Superintendent, into a storm sewer or natural outlet. Section 503. Except as'hereinafter provided ,no person shall discharge or cause to be discharged any of the following described waters or wastes into any public sewer: (a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Centigrade) ` (b) Any waters or wastes which contain grease or oil or other substance that will solidify or become discenerably viscous at temperatures between 32 and 150 degrees Fahrenheit. (c) Any waters or wastes containin emulsified oil and grease exceeding an aver,rage of '0 parts per million %7 pounds per million gallons) ether soluble matter. (d) Any gasoline,benzine, na.pha, fuel oil, or mineral oil or other flama,ble or explosive liquid, solid or gas. (e) Any noxious or malodorous gas such as hydrogen sulfide, or sulfur dioxide, or nitrous oxide or other substance, which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their ,maintenance and repair. (f) Any garbage that has not been properly comminuted or tritur4ted. (g) Any ashes ,cinder sand, mud,str,w, shavings, metal, glass, rags, feathers, tar, plastic wood, paunch manure, hair and fleshings entrails. lime slurry, lime residues, beer or distillery slops, chemical residues, paint residyes, cannery waste bulk solids, or any other. solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the proper operation of the sewage system.' (h) Any Craters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structure equipment and personnel of the sewage sys.tem.. Free acids and alkalies must be neutralized, at all times, within a permissable pH range of 6.0 t09.5. (i) Anycyanides in excess of 2 pasts per million by weight as CN. (j) Any long half-life (over 100 days) of toxic radio- �,ctive isotopes, witri out a special permit. I (k) Any waters or wastes that for a duration of 15 minutes have a concentration greater than 5 times that of a "normal" sewage Ps measured by suspended so: ids and B.O.D. and/or which is discharged continuously at a rate exceeding 1,000 gallons per minute, by special permit. (1) Any storm water, cistern or tank overflow, cd.l.lar drain, discharge from any vehicle wash rack_ or water motor, or the contents of any privy vault or cesspool, or except as otherwise provided by the Superintendent, the discharge -of effluent from any air conditioning -ma.chine or refrigeration unit. (m) No person shall discharge or cause to be discharged any water or washes containing a toxic or poisonous substance, a. higri chlorine demand or suspended solids in sufficient quanity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving TTaters or the effluent of Vlr:, Town of Cortlandville — Town Board Meeting — August 3,, 1.960 14 the --City of Cortland Sewage Treatment -Plant. Such -toxic -substa.nces--shall be - limited -to the average- concentrationslisted hereinafter in the -sewage as it - a:rrives at--Treatment-�plant--and a.t no time siia:ll the hourly concentra— tion a.t such--Sewage-Treatment Plant exceed -three times the average concen— tration. If concentrations listed are exceeded, individual establishments will be subject to control in volume and concentration by the Town Board. Limits of Toxic Substances in Sewage Iron, as Fe ................... 5 PPm Chromium,as Cr (hexavalent)... o:5 ppm Cadmium... ..................3 PPm Copperas Cu.................. 1 ppm Zinc,as Zn.................... 3 PPm Chlorine Demand ...... ........20 ppm Phenol..... .................10 ppm Cyanide,as ON ......... ......1 ppm (n) Normal Sanitary Sewage shall be construed to fall within the following ranges at the effluent of the industrial plant in question. Constituents Permissible Range Suspended Solids.... ......... 180 to 350 ppm B. 0 D. .................. 140 to 300 ppm Chlorine Demand .............. 5 to 15 ppm Section 504. Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they gre necessary for the proper handling of liquid wastes containing grease in'excessive amounts, „ or any flammable wastes, sand and other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and ca.pa.city approved by the Superintendent, and shall be located as to be readily and easily' ;.ccessible for cleaning and inspection . Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in tempertures. They shall be of substa.ntia.l construction, watertight, and ecuipped with easily removable covers which when bolted in place shall be gastight and watertight. Section 505. Where installed, all grease oil and sand interseptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times. Section 506. The admission into the public sewers of any waters or wastes having (a) a 5 day Biochemical Oxygen Demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids;:or (c) containing more than 15 parts per million of chlorine demand, 6r (d) containing any aua.nity of substances navi.rig the characteristics described in Section 503, or (e) having an average daily flow greater than 2% of the gverage daily tewag e'flow<<of"... Sewer -District # 1, shall be subject to the -review and approval, of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at his expense, such preliminary.trea.tment as may be � necessary to, (a) reduce the Biochemical Oxygen Demand to 300 parts per million and the suspended solids -to 350 parts per million by weight,or (b) reduce the chlorine demand to 15 pasts per million, or (c) reduce ob— jectionable characteristics or constituents to within the maximum limits ,,provided for in Section 503, or (d) control the quanties and rates of discharge of such 1•aaters or wa..stes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Town Engineer and of the Water Pollution Control Board of the State of New York, 4nd no construction of such facilities shall-.. be commen-ued until said a_x)provals are obtained in writing. Section 507, Where preliminary treatment facilities are provided for any waters or wastes, shall be maintained continuously, in satisfactory and effective -operation by the owner, at his expense . .+v,-.5 Town of Corilandville'— Town Board. Meeting -August 3, 1960_ ..... .: Section SCE: When - required -by--the--Superintendent; -the owner -of- any - property served by a building sewer carrying industrial wastes srlall install a suitable control manhole in the building sewer to facilitate observation sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance .with plans approved by the Town Engineer. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible ,at all tim"es. Section 509. All measurements, tests and analyses of the characteristic, of waters and wastes to which reference is made in Section 503 and 506 shall be determined in accordance -with 11STANDARD METHODS for the Examination of R ester and ;Se`��age11 and shall be determined at -the control manhole ,provided or in Section 508, or upon suitable samples taken at said control manhole. n the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer -to th-e point at which the building sewer is connected. Section 510. No statement contained in this article shall be construed is preventing any special agreement or arrangement between the Town Board acting on behalf of Sewer District ` 1, and any industrial concern "wherdby an Industrial waste of *unusual strength or chgr*cter may be accepted by Sei�,er District # 1. for Treatment, subject to payment therefor by the industrial concern. ***** SEE ARTICLE # 6 ,below, Article 7 Powers and Authority of Inspectors Section 701. The Superintendent and other duly authorized empluees of the- T-own bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this ordinance. 2 Article 6 Protection from Damage Section 601. No ungthorized person shall maliciously, willfully or negligently break,damage, destroy, uncover, deface or tamper with any struc— ture, appurtenance, or equipment which is part of the sewerage syatem, in Sewer District # 1. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. Article 8 PENALTIES Section 901. Any person found to be violating any provision of this Ordinance, except Section 601, shall be served with written notice stating the nature of the violation a-nd providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. -Section 802. Any person who shall continue any violation beyond the It ime limit provided for in Section 801 snail be guilty of a. misdeamor, and uron conviction thereof shall be fined in an amount not exceeding Two Hundred ( 200.00) Dollars for each violation. Each day in tiahich any such violation shall continue shall be deemed a separate offense. Section 803. Any person violating any of the provisions of this rdinance shall become liable to the Town for any expense, loss, or damage occasioned the Town by reason of such violation. Article 9 Validity Section 901. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 902. The invalidity' of any seeti n,clause, sentence or pro— vision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. 16 Town of Cortlandville - Town Board Meeting - August 3, 1960 84 Article 10 -Ordinance- In - Force" from ' Section 1001. This Ordinance shall be in full force a.nd effect I ,,nd'af-er its passage. approval, recording, and publication I,s provided by law. ******* A copy of this Ordinance was reed by the Town Clerk, Lelan M. Brookins, on August 3, 196o). therefor, this is being entered to precede the minutes,, of the Regular Meeting of the Town Board,Wed. Aug-3,1960. l. 17 Town of Cortlandville Town Board Meeting - June 18, 1962 Page 177 and 178 of 1958-1963 Minute Book In the Fatter of the establishment of TkTER DISTRICTrf ? RESOLUTION CREST?r1T001) COURT in the Town of Cortlandville, Cortland County,,. New York. w. „..., r °ti�:i LEAS a PetiLw,n for the es'tablishmenLI of ;eater .District r; in the Town of Cortlandville, Cortland Count7r, New York, the said °etition being dated May 29, 1962, ?,ras duly presented to this 3oa.rd, together with the necessary Map attached thereto; and InTHERELLS an Order was d-uly adopted by the Town Board on June 1, ?- 62 reciting the filing of said Pet1 Lion, the improvement proposed, the boundaries of the proposed District, and that no moneys will be required n t0 be expended for the proposed improvement, and that Specifying aline 13, !962 at P PN. as -he time and the Town Hall at I5 Terrace Road in the Torn of Cortlandville as the place where the said Board ,,, ould meet to con- sider the Fetition and to hear all persons interested in the subject -there of concerning the sa_Me; and WHEREAS such an Ot'd.er eras duly published and posted as required by 1&-w and, ff-HEREA.v a hearing in the matter zras duly held by the Board on the said 18th day of June, .1962, commencing at 8 PM., at the `1'0:7n Hall Oil 15 Terrace Road in the To-Tn of Cortlandville, and considerable discussion upon the matter 'raving been had, and all- persons desiring to be heard having; been duly heard; NOT,T , upon the evidence given upon such hearing, and upon the -!cc i2"to1ea1, Tads o:tt'�,mOtG1 Of JuSiLc i"t iS FtESOL�TED �Lid�D 1�:~JP_ETvIII?ETD that (a) the Petition aforesaid is signed and acknoW_i_edged or proved as required by la,r, duly complies with the, requirements of Section 1�1 a_" the Town La?'r as to SuffucuenCy Of signers, T,,ith respect to the boundaries of the proposed District as he -rein approv- ed, and is oti ez;:.se su_f f'ldento (b' all the property and own- ers within the pro -posed District, are benefited thereby; (c) all the prop- erty and property o?nrners benefited- are included ,�TJ thin the 11'mits of the proposed District; and (d) it is in "the public interest -to grant in whole. the relief sought; arid it is further RESOL,,rE;D AND UET I-1KINE'D that the establishment of :'rater .District h 2 as uropOsed jr, .SLiCil _ae"`vi ti0r., be appro'ved., upon Cond .ti0i1, C�7?1eVeI , that the :L?lll�i'OVe[Ie71�S 'le"re:tofore constructued in SLiCil District consisstlnfi' O,r water ma �' 1'.f,'Oi•1 'n� p_1_pes and I.yd'"ants _ b� ;-ray f' r: u 'n y_ mains, d'! t. �, i_s1.e _e and ce ve. -ad ?,;r�tfi U any cost or obligat5_on wha;ever• to Distric-t a,,' C� VliaZ such District slall be dis,,_nated and '_�T10'vrn as 'later Dist1 i Ct i 2 i_i:L -ire To7,n of Cortlandville, and shall be bounded and described , ('Sage l72 & 17:: of Minute Book) and be it further i �? Town of Cortlandville Town Board Meeting - June 18, 1962 Page 177 and 178 of 1958-1963 Minute Book RESOLVED" THAT THE TOWN CL:EIRK, pursuant .Ito Section 195 of the Law, cause certified copies of this Resolution to be duly record n the Cortland County Clerl�'s Office and to be duly filed with the office of the State Department of Audit and Control at Albany, New York. within ten days from the date of the adoption of this resolution. .(June 18, 1962) I 9 RESOLUTION RESOLVED that the Supervisor of the Tosnn, pursuant to Section 450 et seq. of the Conservation Law and the "Rules and Regulations Governing Water Supply Applications" of the Water Resources 06m.mis'sion of the State of New York, be, and he hereby is ,authorized and empower- ed to make, execute and verify a Petition, in the name and on behalf of Town of Cortlandville T,�ater District # 2, to the Water Resources Commission of the State of New York requesting its approval of the es- tablishment of Water District ; 2 in the Town and the supplying and distributing of water thereto pursuant to agreement with the City of Cortland. June 18, 1962 Lelar_ ivi. Brookins, Town Clerk LTAB : mb !M'd 19 Town of Cortlandville Town Board Meeting - January 14, 1963 Page 247 of 1958-1963 Minute Book January 14, 1963, Special meeting of the Town Board following a Public Hearing by the Appeals Board. Subject: Amendment of Section 21 .Zoning Ordinance. On reccommendation of the Appeals Board a motion was made by Donald Eaton (newly appointed Justice from the Village of McGraw) seconded by Justice Earl Hedges of West Road, that this'Section 21 of the Zoning Ordinance be amended as follows: Section 21. Commercial Excavation and Stripping of Top Soil. The excavation and sale of sand and gravel, clay or other natural mineral deposit or the quarring of any kind of rock formation or the stripping of top soil is permitted In any district, except in a res- .idbntial district, provided such excavation or quarrung or stripping of top soil will not endanger the -stability of adjacent land, and is not located within 350 feet of a street or highway line. This motion was carried and approved by roll call vote, Supervisor G. Alexander ------ aye Justice D. Eaton aye Justice E. Hedges aye Councilman Councilman H. Wadsworth S. Griswold aye absent. Those members present of the Appeals Board were as follows: Chairman Frank Taylor, L.D. Thomas Russell Parson;; , Sec. Raymond Thorpe Dexter Paddock Town Board members present were., Supervisor G. Alexander -Justice E. Hedges Justice D. Eaton Concilman H. Wadsworth also present was R. Krauklis of TvIcGraw, Book-keeper for tlie Supervisor. There being no further business at this time, meeting adjourned. .Lelan Mi. Brookins, Town Clerk. Special Town Boa Page 260-of 1958- DMETING OF THE TOWN 10,ARD OF THE TOWN OF `TL.4_NDVT_LLEz hold at.t-he 216i,,rn Hall,, 15 Tevrac-e Roads in the TO-Wil of GbxtlandVllle.,� Cortland County, New Yor�-,, on -Cvay 6, 1963, th,6 .- I , Re.'sollAtiwo on as, n motion of Councilman Henry dswortn, aec*.aded IDy justice of the Peace Donald F,, Eato:a, adopted� puxmuant to Seotio!�z 220 0.) and 130 (6) *4he Tou"Z-11 tv-vvt -EZZOLVE'D flat SQation 2 ofAN ORDINARCE PROHIBITING THE U$4 OF AN1Y LANDS AS A DUKP OR DUMPING GROUND,. EXCEL T LAND8 E$TAB. -LISIHM AND DESIGNATED 'BFY THE TOWN BOARD AS A .,.MZaC JXIOR DU!`IPING GROUND",, enacted on April 6, 19602 be.# 4nd. It lherk6by is amended to read as, follows,; .11 on 2 ". The vr-emises owned by Rtahard Space_ and ti aid presently being used as a public dump or d,�iz * Ding ground, sitiiate on the no.rthl ery side oT dae street or hIghway known as the Stupke Road, 1,18sterly of laY.id-s of The Lehigh Valley R.H. Con 9 iii the Town of Cortlandville, together with premises (Jontr�ioted to be purchased by the Town of Cortland- ville from Louis C. Russell and Helen B. Russell, his wife, situate on South Hill on the southoasterty, side of the street or highway known as the Lambert Roadq In. the Town of Cortlandville, are hereby designated as 'Public dumps or dumping grounds of this Town for the deposit of rubbish by residents :of this ToiTn only, subject to the regulations and restrictions herein provided. 3 rlprei.trutksq stumps and other, coav8e.nnaterlal shall be tlwown or deposited only at tha'-public dump or atuaping ground situate ors said South Hill and not at the Public damp or dumping ground situate on the Stupke Road."; -and be it further RESOLVED that the Town Cler k ana he hereby 10, watho"-p- Ized to pixblloh and post such change as -required by the Tarn Law. L '- QAJA IBIROOKI Dated l "lay 13 4 1963 I Rerraae Ama Cortland, N.Y. vwlxoki&�. 7-0 Town of Cortlandville Town Board Meeting - April 29, 1964 Page 17 of 1964-1967 Minute Book April 299 1964, Public Hearing, Town of Cortlandville. Notice is hereby given that a Public Hearing will be held by the Town Board of the Town of Cortlandville, Cortland County, New York, pursuant to Sections 198 and 130 of the Town Law, at the Town Hall, 15 Terrace Road, in the Town of Cortlandville on April 29, 1964 at 8. P.N. in the matter of adoption of certain pro- posed amendments to "An Ordinance Constitutin the Rules and Regulations of Water District # 1 of the Town of Cortlandville Governing the Supply and Use of Water", heretofore.adopted on September 30, 1957, vie:. 1. To change the title of such Ordinance to "An Ordinance Constituting the Rules and Regulations of all Water Districts of the Town of Cortlandville Governing the Supply and Use of Water." 2. To change the reference in Section 1 from "Town of Cort- landville Water District # 11' to"any Water District of the Town of Cortlandville". 3. To change the reference to "Town Superintendent of High- ways" in Section 1V, paragraphs 1,2,5,6,7, and 8. Section V. paragraphs 2,5, and 16, Section Vl, paragraphs 2�135� 6 and 7, Section X19 paragraphs 9 and 10 and Section X111, paragraph 7 to "Town Water Superintendent". 4.To change the reference to "Water District ;r 1" in Section 1V paragraph 8 to " the Town, acting on behalf of the particular Water District involved". 5. To change the reference to "Water District # 1" and"said Water District # 1" in Section V. paragraph 1 to " any Water Dist. of the Town of Cortlandville" and to "any said Water District", respectively. 6. To change the reference to "Water District # 1 " in Section V, paragraphs 2,6,7,8 and 15, Section X, paragraph 4 and Section X111 to if any Water District of the Town of Cortlandville" 7. To change the reference to "Town_ Board" in Section V paragraphs 10 and 14 to "Town, acting on behalf of any Water District.". 8. To change Section V111 to read as follows: Vill SPRINKLER SYSTEMS The rates for sprinkler systems shall be as follows: a, $9.0.00 per quarter, payable in advance, for one 6" line, and 1p50.00 per quarter for each additional 6" line. f-Eorflandvi-lle 3g Town Board Meeting - April 29, 1964 Page 18 of 1964-1967 Minute Book �7- �1 Fj b. $120.00 per quarter, payable in advance for one 8" line and $50.00 per quarter for each additional 8" line". 9. To change Section 1X to read as follows: 1X Fire Lines The rates for each fire line shall be as follows: a. $90.00 per quarter, payable in advance, for 6"-service or smaller. b. $120.00 per quarter ,payable in advance for service larger than 611 . " 10. To change the reference in Section X111, paragraph 2 to "AWWA Spec. C-500-52T" and in Section X111, paragraph 3 to "AWWA Spec C- 502053" to "AWWA Spec. C- 500-59T_'-s and "AWWA Spec. 0-502-54"® respectively. 11. To change the last sentence in the 4th paragraph of Sect. X111, paragraph 3 to read as follows: "Hydrants shall generally be installed 18.5 .feet from the _ center line of the right-of-way for streets 50.0 feet in width.91 I ' 12. To change the last sentence of Section X111, paragraph 3 to read as follows. The maximum space between two hydrants on the same main shall not be more than 1000 feet center to center. To change 'the reference in the 2nd paragraph of Section X111 paragraph 4 from "18" to -"12" . 14. To delete from Section X111, paragraph 6,' the words 11NO tiaps exceeding 1 inch shall be allowed on any main and where a larger service pipe is required , a series of 3/4 inch tap's with a mul- -tiple gooseneck" connection shall be used to give the„required size service connection". All Parties in interest and citizens will be heard at the Public Hearing to be held as afore -said. I f Lelan X Brookins, Town Clerk April 292 1964 i z3� Town of Cortlandville Town Board Meeting - May 13, 1963 Page 27 of 1968-1970 Minute Book Public Hearing was held at 7;30 P.M. in the matter of an amend- ment to the dumping ordinance. Present were Supervisor Frank K. Taylor, Justice R. Fish,Councilm.en Sherman Griswold and Henry Wadsworth, Mr. Eaton could not be present due to having Justice -Court. Mayor Noss was the first to be heard and explained what the City wished to do relative to removing old buildings located on the site -of the Downtown Revitalization Program. They wish to bring the rubbish and materials to the Raman Tract on Rte 13. Harry Johnson and Elmer Lang appeared to object to the prom posed dumping believing that this might open the door to future dumping in this area, Mrs. Riley from that area also objected, together with Rose Congdon and Ronald Nye. Mr. William Camp had no objection to filling in this area provided they were not allowed to burn any thing. All concerned agreed on the filling if there is no burning. Resolution follows: Upon Motion of Ronald Fish seconded by Sherman Griswold the following resolution was unanimously adopted by the Town Board. RESOLVED, that the ordinance prohibiting the use of any lands as a dump or dumping grounds except lands established and designated by the Town Board as a Public Dump or dumping grounds heretofore adopted April 17, 1960 and amended on May 13, 1963, be, and the same is hereby amended by adding a new section to read as follows; "Section 2 a. Temporary Site. The premised owned by James =Yaman, situate on the west side of New York State Route 13, (Cortland®Truxton Road) in the Town of Cortlandville and being the same premises conveyed by Mary Ellen Keenan Hartnett and others to James J. Yaman by deed dated May 24th, 1965, and there- after recorded in Cortland County Clerk's Office in Liber 298 of Deeds at Page 559, z® Town of Cortlandville Town Board Meeting - May 13, 1963 Page 28 of 1968-1970 Minute Book zq are hereby designated as a temporary dumping ground for a period of 35 days from the date of adoption of -this ordinance to permit the City of Cortland to dump only the rutbish, debris and materials - from the demolition of the buildings located on the site of the Downtown Revitalization Program between Orchard and West Court Streets in the City of Cortland, subject to the regulatinns- and restrictions herein provided," There being no further business at this time the meetin was adjourned. Lelan Y Brookins Town Clerk/Cortlandville 1 a 1 z5 Town of Cortlandville Town Board Meeting - May 13, 1963 Page 80 of 1968-1970 Minute Book ,p �y Upon motion of Donald Eaton seconded by Sherman Griswold and carried unanimously, the following Resolution was adopted; WHEREAS, By Resolution of the Town Board adopted July 5, 1967 a Zoning Commissi®n of the Town was appointed to recommend the boundaries of the new original"Zoning bistri-o.ts and to re— commend new appropriate regulations to be enforced therein; and WHF4REA,S, A public hearing was held before said Zoning Commission on July 17,, 1967, upon its final report; and WHEREAS, Said Zoning Commission did submit its final report to the Town Board at its regular Vieeting held Sept.20, 1967, and WHEREAS, The Town Board did hold a .public hearing upon said final report of the Zoning Commission on the 24th day of April 1968 and on the 28th day of kugust 1968; and WHEREAS, Said matter was there ter referred to the Cortland County Planning Board which approved said new Zoning ordinance and,Map at its regular meeting held September 12, 1968aa,and filed its written recommendation ,of -approval thereof with the Town Clerk of Cortlandville; The Town Board of the Town of Cortlandville, in -the County of Cortland, , under the authority of the Town Law of the State of New York, hereby ordains, enacts and publishes as follows: i Vote polled by Town Clerks Eaton.....yes Griswold....e.eyes Wadsworth.....eyes Mr. Taylor.....yes Fish.......,...eabsent l� 1 own Clerk read letter from Rev. Charles Drumm, chairman of the Copy of Ordinance as published by Cortland Standard will be inserted on pages following these minutes. �� ) Town of Cortlandville Town Board Meeting - June 4, 1969 Page 137 of 1968-1970 Minute Book W Wed. June 4, 1969 lst regular meeting Public Hearing 7:30 of the month 8 P.M. P.M. Held by Town Board, Town of Cortlandville. Public Hearing in the matter of amending the zoning ordinance pursuant to section 264 and 265 of the Town Law and article 17, section1702 of the zoning ordinance. J-V Town Clerk Lelan M. Brookins read the Legal Notice of pub- lication. No one appeared to object to the proposed change, therefore on motion of lrlIr;..Fish seconded by Mr. Miller that=theLhearing be closed, Motion was carried. Regular meeting called to order by Supervisor Frank K. Taylor Board members present were,Justice's Don Eaton and Ron Fish, Council- men Ray Miller, Sherman Griswold, also Book-keeper for Supervisor, -- Rudy Krauklis, Town Engineer Wm. Rowell, Town Attorney John Gardner Town Assessor Henry Wadsworth, Town Hgwy Sup®t. Harry Cooper and Fred Walker,Water Maintenance Sup°t. Minutes of the last meeting were read by the Town Clerk and they were approved. Ali Motion was made by Mr. Fish seconded by Mr. Miller that the amenment to the Zoning Ordinance be adopted. This motion was carried. Amendment as follows: Article X111, Special Permit Uses: Section 1300 paragraph 1 subdivision "G" shall be amended to strike out -the words "Private or" from said paragraph. Said paragraph to there- after read: Public Swimmimg Pools which shall be enclosed as provided in Section 1411 hereof. A new subdivision "J" shall be added to Article X111 Section 1300 paragraph 1, said new subdivision to read: Private swimming pools shall be permitted in any district without the approval of the Zoning Board of Appeals but no private pools shall be con- structed without the approval of petitioners plans by the Zoning Officer, of the Town of Cortlandville upon a showing that said pool and the plans therefom comply with the requirements of this ordinance and in particular the provisions of Section 1411 of this Ordinance. �J -LOUz7 own of Cortlandville own Board Meeting - June 4, 1969 ace 139-141 of 1968-1970 Minute Book 1 TOWN BOARD, TOWN OF CORTLANDVI\LLE, CORTLAND COUNTY. . . . . . a . a a a . . a . a a a a . . a . ql In the Matter of the Petition for the Establishment of Water District No. 3 of the Town. of Cort- landville, Cortland County, New York. . a . . . . . a a . . . . a . a . . . . . . RESOLUTION. WHEREAS, A petition for the creation of a. Water District to known as Water District No. 3 in the Town of Cortlandville, Cortlan iCounty, New York, the said petition being dated April 18, 1969, was i iduly presented to this Town Board, together with the necessary map and plans attached thereto; and WHEREAS, An order was du.ly adopted by the Town Board on May 7, 1969, reciting the filing of said petition, the improvements propos�d, the boundaries of the proposed District and the proposition that a1: of the respective costs of the proposed improvements therein a.re ;to be borne by two of the petitioners, La.Verne Niederhofer and Carlton J. Niederhofer, and specifying May 21, 1969, at 7:30 o'clock P. M. as the time, and the Town Hall at 3577 Terrace Road in the Town of Cortlandville, as the place where said Board wou.ld meet to consider) the petition and hear all persons interestedin the subject thereof concerning the same; and WHEREAS, Such order was duly published and posted as required by law; and WHEREAS, A hearing in the matter was duly held by the said Board on the said 21st day of May, 1969, commencing at 7:30 o'clock P. M., at the Town Hall, 3577 Terrace Road in the Town of Cortland- ville, and considerable discussion tpon the matter having been had, and all persons desiring to be heard having been duly heard: NOW, Upon the evidence given upon such hearing and upon moti of Ju.stice of the Peace Ronald J. Fish, seconded by Cn1xZcllman Ray E. Miller, it is RESOLVED AND DETERMINED, That (a.) The petition aforesaid is signed and acknowledged or approved as required by law, and duly co�- plies with the Section 191 of the Town Law as to sufficiency of si Town of Cortlandville Town Board Meeting - June 4, 1969 Page 140 of 1968-1970 Minute Book 1 1 ors with respect to they boundaries of the proposed District as here] approved, and it is otherwise sufficient; (b) All the property and aroperty owners within the proposed District are benefited thereby; (c) All the property and property owners benefited are included within the limits of the proposed extension of such District and (d) It is in the public interest to grant in whole the relief so and it is further RESOLVED and DETERMINED, That the establishment of a Water District as proposed in said petition be approved; and that such District shall be designated and known as Water District No. 3 of the Town of Cortlandville and shall be bounded and described as 'follows: .n it; ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Cort— landville, County of Cortland and State of New York, bounded and described a.s follows: Beginning at a point in the westerly" line of Water District No. 1 and on the southerly boundary of the right-of-way of the Lehigh Valley Railroad; thence running southwesterly along the westerly limits of the present Water District No. 1 a distance of apQroximately 2040 feet to the ✓ southerly boundary line of lands of Gutchess (or Cortland Woo Products); thence running westerly along the southerly boundary line of said Gutchess a distance of 1000 feet moreor less to the southwesterly corner of lands of said Gutchess; thence ru. - ning northerly along the westerly bounds of lands of said Gut chess a distance of 1800 feet more or less to the centerline of Fairview Drive and the centerline of McLean Road; thence running northerly along the centerlineaf said Fairview Drive a distance of 450 feet more or less to the southeasterly corn r of properties of Niederhofer;thence running S 790 58' ;3" W a distance of 290.4 feet to a point; thence running S 10 Olt 2 " E a distance of 100.0 feet to a point; thence running N 790 5 ' 0 31" E a distance of 265.7 feet to a point; thence running S 1 32, 44" E a distance of 67.7 feet to a point; thence running 79 58' 31" W a, distance of 175.3 feet to a point; thence run- ning S 100 2g' 29" E a distance of 115.5 feet to a. point; the -ice running S 80 47' 22" E a. distance of 54.9 feet to a gint; thence running S 23 57' 3;" W a. distance of 101.1 feet to a point; thence running S 41 59' F' W a distance of 100.0 fee tok a point; thence running S 65 09' 29" E a distance of175• feet to the centerline of said McLean Road; thence running S 510 13' 50" W a distance of 41565 feet along said centerline to a point; thence running N 3508' 00" W a. distance of 200... feet to a point; thence running S 54.0 52' 00" W a distance of 342.25 feet to a. point; thence running S 100 30' 00" E a dis- tance of 220.00 feet to a. point in the centerline of said No - Lean Road; thence running S 540 58' 00" W along the centerlines of said McLean Road a distance of 396..8 feet to a point; then ,le running S 550 54' 00" W along the centerline of said McLean Road a distance of 647.8 feet to a point; thence running S 57 15' 00" W along the centerline of McLean a distance of �R8a.d 714.5 feet to a point; thence running S 59 27' 00" W along the centerline of said McLean Road a distance of 221.0 feet to the sou.thwesterl,y corner of lands of said Niederhofer; tiBn e running N 90 21' 00" W a distance of 1061.5 feet to a point; Town of Cortlandville Town Board Meeting - June 4, 1969 _Page 141 of 1968-1970 Minute Book 14 '29 thence running S 800 46' 20" W a. distance of 330.5 feet to a, point; thence running N 9 50' 20" W a distance of 620.6 feet to a point; thence running N 80 15' 00" E a distance of 421. feet to --a point; thence running S 10° 20' go" E a distance of 619.7 feet to a point; thence running N 79 39' 00" E a dis- tance of 844.8 feet to a point; thence running N 9° 43' 00" W a distance of 628.9 feet to a. point; thence running N 9° 43' W a distance of 800.0 feet to a. Boint in the lands of said Niederhofer; thence running N 79 14' 51" E a distance of 843 feet to a. point; thence running N 79° 14' 51" E a distance of 616.9 feet to a point marking the corner of lands of said Niec hofer; thence running S 100 01' 29" E a distance of 555.00 fe+ to a point; thence running N 79° 58' 31" E a distance of 290.) feet along said Niederhofer to the centerline of said Fa.irviel Drive; thence running southerly along the centerline of said Fairview Drive a distance of 240.0 feet to a point; thence running N 83° 20' 00" E a distance of 609.2 feet more or less to a point in the centerline of Luker Road; thence running northeasterly along the centerline of said Luker Road a distar of 160 feet more or less to the northwesterly corner of lands of said Gu.tchess; thence running S 570 23' 54" E a distance o 677.8 feet to a point in the lands of said Gutchess; thence running N 83° 12' 2$" W a distance of 185.7 feetto a point; thence running S 39 11' 42" W a distance of 39.5 feet to a point; thence running S 18° 36' 26" W a distance of 225.3 fee to a point; thence running S 120 08' 29" E a. distance of 204.' feet more or less to the centerline of said Lehigh Valley Rai road; thence extending S 120 08' 29" E a distance of 33.0 fee more or less to a point in the southerly right-of-way of said Lehigh Valley Railroad; thence extending easterl y along the southerly boundary line of said Lehigh Valley Railroad a dis- tance of 380 feet more or less to the point or place of begin ning; and it is further RESOLVED, That the Town Clerk, pursuant to Section 195 of the Town Law, cause certified copies of this Resolution be duly recorde in the Cortland County Clerk's Office and to be duly filed with the Ie, 10" 8 .er- ,t e Office of the State Department of Audit & C.ontrol at Albany, New Yo�k, within ten days of the adoption of this Resolution. Dated: June 4th, 1969. .1 6 0 Town of Cortlandville Town Board Meeting - October 15, 1969 Page 178 of 1968-1970 Minute Book 30 1 1 AT A MEETING OF THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, HELD AT THE TOWN HALL IN THE TOWN OF CORTLANDVILLE, CORTLAND CO NEW YORK, ON THE 15th DAY OF OCTOBER, 1969. Upon motion by Donald Eaton, Justice of the Peace, and seconde by Sherman Griswold, Councilman, and carried unanimously, the foll ing was adopted: That Section 2 of "Ordinance prohibiting the use of any lands as a dump or dumping grounds, except lands established and designated by the Town Board as a public dump or dumping ground" heretofore adopted on April 6, 1960, and thereafter amended on May 6, 1963, be amended to read as follows; Section 2. Site. The premises conveyed by Louis C. Russell and Helen D. Russell his wife, to the Town of Cortlandville, by deed dated and recorded July 3, 1963, in the Cortland County Clerk's Office in Liber 287 of Deeds at Page 852, and located on South Hill on the southeasterly s'de of the street or highway known as the South Hill goad in the Town o Cortlandville, is hereby designated as the public dump or dumping grounds of this Town for the deposit of rubbish, garbage, tree trun stumps and other course materials by residents of the Town of Cort- landville, subject to the regulations and restrictions herein pro- vided. The regulations herein contained shall also apply to any other lands or premises heretofore acquired or leased for deposit o disposal of rubbish. .Dated: October- 15th, 1969. 31 Town of Cortlandville Town Board Meeting - August 5, 1970 Page 239 of 1968-1970 Minute Book Wed. Aug. 5, 1970 Public Hearing for 7:30 P.M., Town Hall Wed. Aug. 5,1970, 1aft. regular meeting of the Town Board for the month of August, Public Hearing to amend the Water Ordinance,Artil,Seccttiion 1, that fees for installation of 3/4 1 be $125.00, payable to the Town Clerk at his office on 15 Terrace Rd. -*69 The Town Clerk read the notice of such published in the Cortland STandard, July 23, 1970. No one appeared to object to this amend- ment. Motion was made by Mr Eaton J.P. ,seconded by Ray Miller Councilman that the change in the Water Ordinance be adopted, this motion was carried. 1 1 PG 1 Wednesday, December 4, 197LP Pages 105 & 106 of 1974 Minutes Book RESOLUTION #111.3e ADOPTION OF RULES AND REGULATIONS WITH RELATION TO PUBLIC INSPECTION AND COPYING OF SUCH TOWN RECORDS AS ARE SUBJECT TO PUBLIC INSPECTION BY FREEDOM OF INFORMATION LAW. Motion made by Justice, Ronald Fish, seconded by Councilman, Ray Miller, Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Miller, aye; Councilman, Griswold, aye; Supervisor Blatchley, • aye. - RESOLVED, That the following Rules and Regulations shall apply to the public inspection and copying of such town records as are subject to public inspection by law and shall continue • in effect until altered, changed, amended or superceded by further Resolution of this Town Board or by action of the Committee on Public Access to Records established pursuant to Chapters 578, 579 and 580 of the Laws of 1974: A. Place of Inspection. Such records shall be made available at�Mie office of the Town officer or employee charged with the custody and keeping thereof. B, Type of —Inspection. Such records shall be made available -for pu is inspection on regular business days between the hours of 10:00 A.M. and 12:00 o'clock noon and 2:00 o'clock P.M. and 4:00 o'clock P. M. if readily available. If not readily ;available, written requests specifically of records to which access is desired shall be filed with the Town Officer or employee.charged with the custody and keeping thereof, who shall :,produce the same within 48 hours after such request. Such written request shall be on the form presctibed by the comptroller of the State of New York. If the Town officer or employee charged with the custody and keeping of the records elects to refuse access, he shall submit a written statement of his reason therefor within 48 hours of such request. C. Fees (1). Copies The Town officer or employee charge—Tc with the custody and keeping of the records shall, upon request, make a copy or copies of any records of such inspection upon the payment of a fee of fifty cents (500) per page. If a copy or copies are desired thereof by the requestor, the Town Officer or employee charged with the custody and keeping of the records shall make the same and mail or deliver the same to the requestor within one week depending on the volume and number of copies requested. (2). Certification Any Town officer or employee • charged with the custody and keeping of such records, shall, upon request, certify a copy of the document or record -prepared pursuant to the provisions of Subdivision c • (1) hereof upon payment of a fee of fifty cents (500), per certificate. 11 5 5- PG 2 D. _Deletion of Identifying Details To prevent an unwarranted invasion of personal privacy, The Town officer or employee charged with custody may delete identifying details when he makes records available. An unwarranted invasion of personal privacy includes,but shall not be limited to: (1). Disclosure of such personal matters as may have been reported in confidence to the Town and which are not relevant or essential to the ordinary work of the Town. (2). Disclosure of employment, medical or credit histories or personal references of applicants for employment, except such records may be disclosed when the applicant has provided a written release permitting such disclosure. (3). Disclosure of items involving the medical or personal records of a client or patient in a hospital or medical facility. • (4). The sale or release of lists of names and addresses in possession of the Town if such lists would be used for private, commercial or fund-raising purposes. • personalnature when rr personal disclosure)wouldsresulteinfantems economic personal hardship to the subject party and such records are not relevant or essential to the ordinary work of the town. E. List of Records The Town shall maintain and make available for public inspection and copying in conformity with such regulations as may be issued by the committee on public access to records, a current list, reasonably detailed, by subject matter of any records which shall be produced, filed, or first kept or promulgated after the effective date of this resolution. Such list may also provide identifying information as to any records in the possession of the Town on or before the effective date of this resolution. (1) In addition to such requirements as may be imposed by this resolution or by Chapter 578 of the Laws of 1974. each Board, Commission or other group of the Town having more than one member shall maintain and make available for public inspection a record of the votes of each member and the manner in which he votes. F. Effective Date . This resolution shall take effect after publication. (-published in Cortland Standard Dec. 9, 1974). Wednes day, December 18, 19714 - Page 111 of minutes book. RESOLUTION #151 AUTHORIZATION TO AMEND THE MINUTES OF 12/14/74 Upon motion of Justice Eaton, seconded by Councilman, Miller, all voting aye, the following resolution was adopted: RESOLVED that Resolution f#143 recorded on 12/4/74 be amended as follows: D. Deletion pf Identifying Details - To prevent an unwarrented invasion of personal privacy The Town Officer or Employee • charged with the custody of the record, may delete identifying details when he makes records available. E. List of Records - (1) In addition to such requirements • as may be imposed by this resolution or by Chapter 578 of the Laws of 1974, each Board, Commission or other group of the Town having more than one member shall maintain and make available for public inspection a record of the votes of each member and the manner in which::;he votes. LOCAL LAW #1 - 1976 PG 3 5�1 Wednesday, August 18, 1976 Page.- 85 of 1976 minutes book Local Law #1, 1976 was introduced by Justice Donald Eaton pursuant to Art. 24 of the New York Environmental Conservation Law to provide for the protection, preservation and conservation of the fresh water wetlands within the boundaries of the Town of Cortlandville. LOCAL LAW NO. 1, 1976 Town of Cortlandville Cortland, County, New York A LOCAL LAW of the Town of Cortlandville pursuant to Article 24 of the New York Environmental Conservation Law to provide for the protection, preservation and • conservation of the freshwater wetlands within its boundaries. BE IT ENACTED by the Town Board of the Town of Cortlandville, New York as Follows: Section 1. Pursuant to Section 24-0501 of the New York State Freshwater Wetlands Act. (Article 21P of the New York Environmental Conservation Law), the Town of Cortlandville shall fully undertake and exercise its regulatory authority with regard to activities subject to regulation under the Act in freshwater wetlands, as shown on the Freshwater Wetlands Map, as such map may from time to time be amended, filed by the Department of Environmental Conservation pursuant to the Act, and in all areas adjacent to any such freshwater wetland up to 100 feet from the boundary of such wetland. Such regulatory shall be undertaken and exercised in accordance with all of the procedures, concepts and definitions set forth in Article 24 of the New York Environmental Conservation Law .and Title 23 of Article 71 of such law relating to the enfrocement of Article 24, as such law may from time to • time be amended. Section 2. This Law, adopted on the date set forth below, shall take effect 'upon the . filing with the clerk of the Town of Cortlandville of the final Freshwater Wetlands Map by the New York State Department of Envir- onmental Conservation pursuant to.Section 24-0301 of the Freshwater Wetlands Act applicable to any or all lands within the Town of Cortlandville. 58 0 E 1 0 E July 17, 1978 Page 67 of 1979 Minutes Book Res. # 104 LOCAL LAW NO. 1, 1978 TOWN OF CORTLANDVILLF CORTLAND COUNTY, NEW YORK Pg . 5 A LOCAL'LAW of the Town of Cortlandville pursuant to Article 4 of the Real Property Tax Law to provide for tax exemption for eligible business facilities certified by New. York State Job Incentive Board. BE IT ENACTED by the Town Board of the Town of Cortlandville, New York, as follows: Section 1. An exemption from taxation and special ad valorem levies for ten successive years after the adoption hereof is hereby granted, in accordance with attached Schedule A, to "eligible' business facilities" as defined in.Seotion 115 of the Commerce Law of the State of New York, located in the Town of Cortlandville,from taxes and special ad valorem levies imposed for XXzk Town purposes. Section 2. An "eligible business facility" as defined by the New York State Job Incentive Board, pursuant to Sections 115 and 120 of the Com- merce Law of the State of New , York, shall be exempt' from taxes and spec ia,1 ad valorem levies imposed by the Town of Cortlandville for Town purposes , for any increase in the value thereof which is attributable to expendi- tures certified by the Job Incentive Board to have been paid or incurred by the owner or operator for capital improvements commenced on or after January 1, 1977, consisting of the construction, reconstruction, erection or improvement of depreciable real property included in such facility, and such exemptions shall be continued from year to year during the specified period only If the Certificate of Eligibility with respect to such busi- ness facility is not revoked or modified and is renewed or extended as provided by Section 120 of the Commerce Law. Section 3. Such exemption shall be granted only upon an application by the owner or operator of such facility on a form prescribed by the New ]Cork State Job Incentive Board, to which there shall be attached a copy' of the Certificate of Eligibility issued by the New York State Job In- oentive Board.. Such application shall be filed with the Assessor of the Town of Cortlandville on or before the appropriate taxable -status dates. Copies of such applications shall be filed simultaneously with the New York State Job Incentive Board and the State Board of Equalization and JOHN J. GARONE}t ATTORNEY AT LAW CORTLAND. NEW YORK 13045 5q Local Law 1978 Cont. Pg. 6 -2- r Assessment. Section 4. The assessor shall consider the application for such exer.. t:ion and, if the same is in order, shall determine the assessed value : such exemption in accordance with the above -men' oned Certificate of • gibility, issued.pursuant to Section 120 of the Commerce Law of the State' of New York. and enter the appropriate percentage of such value on the • "exempt" portion of the assessment roll in accordance with Schedule A. y The eligible business facility shall then be exempt to the extent provi- ded by this Local Law from taxes and special ad valorem levies commencing with the assessment roll prepared on the next -following taxable status date. Section 5. If an exemption has once been granted for a business facility under this local law and the assessor receives notice that a Certificate of Eligibility of such facility has been revoked or modifie they shall r adetermine the assessed value of any such exemption in accordance with such revocation or modification. If upon such redetermin- ation it appears for a year for which an exemption has been granted that such facility has been ineligible or that the assessed value of such property, as redetermined, is less than.the assessed value of such ex- emption as shown on the assessment rolls for such year, then a tax shall be levied at the rate of tax for such year upon so much of the assessed valuation of such exemption as shown on such assessment rolls, as may be Ineligible or-exoessive. Such tax shall, be levied as an omitted assess meat in the manner provided in Section 550 of the Real Property Tax Law for each ouch ar : Any such redetermination shall be made no later the three years afl--r 'the applicant for exemption last received benefit of any exemption under 3itsit Section 485 of the Real Property Tax Law. Section 6. The percentage of exemption under Section 485-b of the Real Property Tax Law is hereby reduced to zero for "eligible business facilities" which are granted exemptions purs7,)ant to Section 1 of this Local Law Section 7. This Local Law shall be effective immediately. JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, NEW YORK 13045 11 Local Law 1978 Cont. Pg• 7 -3- SCHEIDUL:A. Year of Exemption Percentage of Exemption 100% 2 100/"." 3 100% 4 75% 75% .6 50% 7 50% 8 50% 9 25% 10 25% t JOHN J. GARDNER ATTORNEY AT LAW CORTLAND, NEW YORK 13045 Wednesday, December 2, 1981 Page C] 1 i E C Page 131 of the 1981 Minute Book RESOLUTION # 200 ADOPTION OF LOCAL LAW # 1 - CORTLAND VILLE PARK AND RECREATIONAL AREAS Motion by Councilman Thorpe Seconded by Councilman Manning Roll Call Vote: Supervisor Nadolski - AYE Councilman O'Donnell - AYE Councilman Manning - AYE Councilman Thorpe - AYE Councilman Pierce - ABSENT ADOPTED A LOCAL LAW TO PRESCRIBE AND ESTABLISH REGULATIONS FOR THE PARK AND RECREATIONAL AREA IN THE TOWN OF CORTLANDVILLE. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF CORTLAND- VILLE, NEW YORK, AS FOLLOWS: PUBLIC MORALS AND WELFARE PURPOSE In order to property safeguard to a reasonable degree the life and property of the citizens of the Town of Cort- landville and to generally promote the public health, safety and welfare of the users of park and recreational area contained wholly within the Town of Cortlandville, this chapter is incorporated into the Municipal Code of the Town of Cortlandville and shall be known and cited as "Park and Recreational Area Ordinance." HOURS of OPERATION Hours of operation will be set by the Town Board or Recreation Committee. All park opening times and closing times shall be displayed in a public place and in a conspicuous manner. DISPENSING FOOD, DRINK, PERMIT REQUIRED, EXCEPTIONS: SALE of TICKETS No person shall sell, send or otherwise dispense food or drink for consideration of whatever manner it would take, in the park or recreational ar,e.a, without first obtaining written permission from the Town Clerk. Applications for a written permit shall be made in writing to the Town Clerk on forms to be supplied, upon request, by the Town Board. BUILDINGS: USED REGULATED All buildings existing on park or recreational area property shall be used by the public for only those uses for which such buildings are designated. A building for the purpose of this chapter shall be construed to mean any structure which stands on park or recreational area property. CUFr.mFR C Buildings recognized and designated as shelters are to be used only for the purposes of picnicing. CHILDREN No parent, guardian or other person having charge of caring for any child, shall permit him to do any act prohibited by this chapter. UP DEFACEMENT, INJURY of STRUCTURES, REMOVAL of TREES or SHRUBBERY, MOVING SEATS or TABLES No person shall handle, injure, destroy damage or approp- raite to himself trees, shrubs, flowers or other plants growing in the park or recreational areas; or damage, destroy, deface or appropriate to himself or anybody else any building, fence, bench table, fireplace, sign, or other property within the limits of the park or recreational area. And in addition thereto, there shall be no unauthorized moving of any property by any.p.erson from the place in the park and recreational area in which the park or recreational area is situated. SELLING and SOLICTING No person shall sell or offer for sale any article or thing in the park or recreational area and no person shall solicit in the park or recreational area for any purpose whatsoever. The provisions of this section shall not apply to any person or organization holding a permit in the park or recreational area authorized by the Town Board within the provisions of their written permit obtained pursuant to the provisions of this chapter. DISORDERLY CONDUCT:. HARASSMENT: LOITERING No person shall do any act or acts which intentionally cause disruptions of the public peace or are meant to annoy or alarm another person present in the park or recreational area. Any act or acts which constitute disorderly conduct, harassment or loitering as defined by the Penal Law of the State of New York are forbidden under this section. DISROBING No person shall disrobe, or assist, aid, or abet any other person in disrobing within the park or recreational area, except in designated places. CAMPING No person shall tent, camp or erect or maintain a tent shelter in the park or recreational area. WEAPONS and MISSILES No person shall carry or discharge an air rifle, fire arm, sling shot or bow and arrow, or throw stones or any other missile within the limits of the park or recreational area. BALL GAMES Any game involving the use of a ball as a baseball, softball, basketball, or football, but not limited to these examples, shall be conducted only in those sites of the park or recreational area specifically authorized and set aside for such purposes. TRASH DISPOSAL: BURNING Trash, which is to include all manner of garbage and refuse of any form or shape whatsoever, shall be disposed of only in those containers which are appropriately and conspicuously marked for such purposes. At no time shall there be any burning of trash by the public using the park or recreational area. 1 0 • 1 0 • 1 /1 0 LOCAL LAW 1981 CON'T. GLASS BOTTLES There shall not be brought into the park or recreational area any glass containers which are used for consumable liquids whether or not the liquid is poured from the glass container before consumption. For the purposes of this section, a glass container is to include milk, soda, or beer bottles but not limited to these examples specifica- lly designated as glass containers. PETS and ANIMALS There shall not be brought into the park any pet or animals at any time regardless of the nature of said pets or animals. VEHICLES and TRAFFIC ® All motor vehicles operated within park or recreational area limits shall be operated in accordance with all traffic signs and road markings erected on or along the park or recreational area roadways. No motor vehicles are to be operated on other than established roadways in the park or recreational area. Motor vehicles shall stand or be parked only in park or recreational area locations designated for such purposes. No person shall operate a motor vehicle within the limits of the park or recreational area at a rate of speed greater than ten (10) miles per hour. For the purpose of this chapter, a motor vehicle shall include every vehicle propelled by muscular or any other means of power, except a wheel chair. OBEDIENCE to POLICE No person shall refuse or neglect to obey any reason- able direction of any member of the Police Department performing police duties in the park. OBEDIENCE to PARK ATTENDANTS No person shall refuse or neglect to obey any reason- able direction of any park attendant, who is performing those duties required in the operation of the park. APPLICABILITY of STATUTES, ORDINANCES, PENALTIES_ and FINES All the provisions of the Vehicle and Traffic Law of the State of New York, and of the traffic ordinances of the Town of Cortlandville and the fines and punishments therein provided and all the provisions of the statutes of the State of New York and other ordinances of the Town of Cortlandville and the fines and penalties therein provided, shall apply to any action, violation, offense or crime committed within the park or recreational area of the Town of Cortlandville. ® PENALTIES Any person, firm, corporation, or other entity violating any ofthe provisions of this local law shall be deemed guilty of a violation and upon conviction thereof shall be subject to a fine of not more than Two Hundred Fifty Dollars ( $250.00) or to imprisonment for a period of not more than fifteen (15) days or to both such fine and imprisonment. Any violation of this ordinance shall constitute disorderly conduct and the person, firm, 65 corporation, or other entity violating the same shall be a disorderly person. If any clause, sentence, paragraph or part of this chapter or the application thereof to any person, or circumstance shall for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, or circumstances, but shall be confined in its operation to the clause, sentence, paragraph or part thereof, directly involved in the controversy in which said judgment shall have been rendered and to the person or circumstance involved. It is hereby declared to the legislative intent of this body that this chapter would have been adopted even had such invalid provision not been included. This local law shall take effect from and after the day of acknowledgement received from the Secretary of State. • 1 • 1 66 11 0 • 1 0 11 Wednesday, October 6, 1982 Page 270 of the 1981 -1982 minute book Page 13 RESOLUTION # 196 ADOPTION OF LOCAL LAW # 1 OF 1982 Motion by Councilman Thorpe Seconded by Councilman Pierce VOTES: by ROLL -CALL Supervisor Nadolski - AYE 00uncilman O'Donnell - AYE Councilman Pierce - AYE Councilman Thorpe - AYE Councilman Manning - ABSENT ADOPTED TITLE: To provide for publication summary of ordinances, amendments, and notices in realation thereto. BE IT ENACTED by the Town Board of the Town of Cortland- ville as follows: Section 1. Notwithstanding any other provision of law, on and after the effective date hereof any notice required to be published with reference to public hearing regarding the proposed adoption of any ordinance or amendment thereof by the Town Board of the Town of Cortland- ville or any such notice regarding the adoption of any such ordinance or amendment shall contain a summary of the proposed or enacted ordinance or amendment and the publication of the full text thereof shall not be required. Section 2. This Local Law No. 1, 1982 is adopted pursuant to permissive referendum as provided by Section 24 of the Municipal Home Rule Law of the State of New York. Section 3. This Local Law No. 1, 1982 shall become effective upon filing with the Secretary of State of the State of New York as provided by law. 0 Wednesday, May 6, 1983 Page 59 of the 1983 minute book Page 14 RESOLUTION # 109 ADOPTING LOCAL LAW # 1 OF 1983 - - --- .-. - - - - - - - - —AMENDING -LOCAL-LAW -, -1 -OF-1981 Motion by Councilman Manning Seconded by Councilman Pierce ROLL CALL VOTE: ADOPTED Councilman O'Donnell AYE Councilman Manning AYE Supervisor Nadolski AYE t� Councilman Pierce AYE Councilman Thorpe AYE WHEREAS, Local Law No. 1 for the year 1983, providing for the amendment of Local Law No. 1 for the year 1981 to provide for additional prohibition of certain conduct in park and recreational areas in the Town of Cortlandville, was introd- uced at the April 18, 1983 meeting of the Town Board, and WHEREAS, said Local Law has been in its final form upon the desks of the members at least seven days exclusive of Sunday prior to this date, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required be law, now, therefore, be it RESOLVED, that Local Law No. 1 for the year 1983 is hereby Passed and enacted in the following form: Be it enacted by the Town Board of the Town of Cortland- ville as follows: SECTION 1. Local Law No. 1 for the year 1981 is hereby amended to add the following paragraph immediately follow- ing the paragraph entitled "BALL GAMES":. MODEL AIRPLANES AND GOLF The ..flying of model airplanes and the playing or practicing of golf, including the driving or hitting of golfs balls, are prohibited in any park or recreational areas, except where specifically authorized by the Town Board for a _special, organized recreation program. SECTION 2. This Local Law shall take effect up filing with the Secretary of State in accordance wir l,, e provisions of the municipal Home Rule Law. �/ 1 68 Wednesday, July 6, 1983 Page 15 Page 86 of the 1983 Minute Book RESOLUTION # 154 ADOPTION OF LOCAL LAW.NO: 2 FOR THE YEAR 1988 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Local Law No. 2 for the Year 1983, providing for • the rights and responsibilities of owners and users of land in the Town of Cortlandville which is located in areas associated with flooding or in established special flood hazard areas, was introduced at the June 19, 1983 meeting of the Town Board, and WHEREAS, said Local Law has been in its final form upon the desks of the members at least seven days exclusive of Sunday prior to this date, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, now, therefore be it RESOLVED, that,Local Law No. 2 for the Year 1983 is hereby passed and enacted in the following form: FLOOD DAMAGE PREVENTION LAW SECTION 1.0 1.1 - STATUTORY AUTHORIZATION The Legislature of the State of New -York has in.the - Municipal Home Rule Law delegated the responsibility to governmental units to adopt laws and regulations designed to promote the public health, safety, and general welfare of its citizens. 1.2 FINDINGS OF FACT (1) The flood hazard areas of Tov,,n of Cortlandville are subject to periodic inundation which results in loss of life and property, .health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of -which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 -.STATEMENT OF PURPOSE It is the purpose of this law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas 0 16 by provisions designed: (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; (�) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers 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. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this law includes methods and provisions for: (1) Restricting or prohibiting 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) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging-, and other developement which may increase flood damage; and, (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this law shall be interpreted so as to give them the meaning they have in common usage and to give this law its most reasonable application. 1 • 0 1 0 0 7D 17 "Area of special flood hazard" means the land in the -flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base Flood" means the flood having a one percent chance of being equalled or exceeded in any given year. "Development" means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining dredging, filling, grading, paving excavation or drilling operations located within the .area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home, lots for rent or sale for which the construction of facilites for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of ut.ilities:, either final site grading or ® the pouring of concrete pads, and the construction of streets) is completed before the effective date of this law. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order todischarge the base flood without cumulatively increasing the water surface elevation more than one foot. "Expansion-to,an existing mobile home park or mobile home subdivision" means the preparation.of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation utilities, either final site rading or pouring of concrete or -the -construction -of streets . "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of,special flood.hazards and the risk premium zones.applicable.to the -community. "Flood Insurance Study" means:offici.alreport provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the bas✓flood. "Lowest Floor": Lowest.level ('including basement, crawl space, or garage) of the.lowest enclosed area. "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chasis, and designed to,be used with or,without�a permanent foundation when connected to the required utilities. It -does not include recreational vehicles or travel trailers. "New construction" means:structures for which the "start of iconstruction" commenced on or after the effective date of this law. New mobile home park or mobile home subdivision" means a parcel or contiguous parcels of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of_concrete pads, and-,thelconstruction of streets') is completed on or after the effective date.of this law. -7 C "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and or walkways; nor does it include excavation:_ for .a basements, foo.tingsi, piers or foundations or the brection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For footings, the "start of construction" includes the first permanent .framing or assembly of 'the.structure or any part thereof on its -piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision,''"start • of construction" means the affixing of the.; -mobile home to -its permanent site. For mobile homes within mobile_ home parks or -mobile home subdivisidns�, "start of construction is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building or mobile home that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions,, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this law which permits construction in a by this law. manner that would otherwise be prohibited SECTION 3.0 3.1 LANDS TO'WHICH THIS LAW APPLIES This law shall apply to all areas of special flood hazards within the Town of Cortlandville. 7z 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Cortlandville", dated February 15, 1983, with accompanying Flood Insurance:Rate Maps is hereby adopted by reference and declared to be a part of this law. The Flood Insurance. Study is on file at the Cortlandville Town Hall, 15 Terrace Road, Cortland, N.Y. 13045. 3.3 PENALTIES FOR NONCOMPLIANCE • No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this law and other applicable regulations. Violation of the provisions of this law by failure to comply with any of it requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation. Any person who violates this law or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $ 250.00 or imprisoned for.not more than 15 days, or both, for.each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Cortlandville from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this law is considered reasonable for regulatory purposes and is based on scientific and eng-nee-_r,i_n.g considerations. Larger floods can and will occur on .rare occasions. Flood heights may be increased by man-made or natural causes.. This law does not imply that land outside the area of special flood hazards or us.es.permitted within such areas will be free from flooding or flood damages. This law shall not create -liability on the part of Town of Cortlandvillej, any officEror employee thereof or the Federal Insurance.Administration, for any flood damages that result from reliance on this law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION ::.1. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2.. Application for a Development permit shall be made on forms furnished by the Zoning Officer of the Town of Cortlandville and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions; and elevations of the area in question; existing or proposed structures, fill, storage of material, drainage facilities; and the location of the foregoing. 4.2 DESIGNATION OF THE ZONING OFFICER The Zoning Officer of the Town of Cortlandville is hereby 3 20 appointed to administer and implement this law by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE ZONING OFFICER Duties of the Zoning Officer shall.include, but not limited to: 4.3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this law have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those federal., state or local governmental agencies from which prior approval is, required. (3) Review all development permits in thearea of special flood hazard except in -the coastal high hazard area to determine if the proposed development adversely affects. -the flood carrying capacity of the area of special flood hazard. For:the purposes of -this law, "adversely affects" means 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 (1) foot at any point. 4.3-2 Use Of Other Base Flood Data When base flood elevation data'has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state'or other source, in order to administer Sectioras5.2-1, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction. 4.3-3 . Information To Be Obtained And Maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor ( including basement) of all new or substantially improved structures. (2) For all new substantially improved flood - proofed structures: (i) Verify and record the actual elevation (in relation to mean sea level), and Maintain the floodproofing certifications required in Section 4.1 (3). 4.3-4 Alteration of Watercourses (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification t.o the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capability is not diminished. 21 4.3-5 Interpretation of FIRM Boundaries 7q Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears.to be a conflict between a mapped boundary and actual field -conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the inter- pretation as provided in Section 4.4. 4.4 V_aRIANOE PROCEDURE (1) The Cortlandville Zoning Board of Appeals shall hear and decide appeals and requests -for variances from the requirements of this law consistent with'the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance.Program 44-GFR 60. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the f:olloi4ing standards are required: 5.1=1 Anchoring (1) All new construction and substantial improve- ments shall be anchored to prevent flotation-, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral -movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: (i) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional over -the -top tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50.feet long • requiring only -four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and,, (iv) any additions to the mobile -home be - similarly anchored. 5.1-2 Construction Materials and Methods -is 22 (1) All new construction andsubstantial improve- ments shall be constructed with materials,and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;. (2) New and replacement sanitary sewage systems shall be designed to minimize, or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need -to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical,, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood -elevation data shall be -provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is -less). 5.2-1 Residential Oonstructi.on New construction and substantial improvement of any residential structure shall have the lowest floor, including basement', elevated to or -above base flood elevation. 5.2-2 . Nonresidential Construction New construction and substantial improvement of any commercial , industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) be certified by a registered professional engineer _7% 23 or'architect that the standards satisfied. Such certifications official as set forth in Section 5.2-3 Mobile Homes. of this subsection are shall be provided to the 4.3-3(2). (1) Mobile homes shall be anchored in accordance with Section 5.1-(2):. (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repairs, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: -lots are large enough to permit steps, -piling foundations are placed in stable soil nor more than ten feet apart, and -reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.0 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential ® projectiles', and erosion potential, the following provisions apply: ® (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other develop- ment unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurf6nce of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new con- struction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. 24 (3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. (4) In all areas of special flood hazard in which base flood elevation data has been provided and no flood - way has been designated, the cumulative effect of any proposed development', when combined with all other - existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. SECTION 6.0 i 6.1 This Local Law shall take effect in accordance with the Municipal Home Rule Law. 1 i - 0 0 1 25 -7F Wednesday, August 1, 1984 Page 246 of the 1984 Minute Book RESOLUTION # 155 ADOPTING LOCAL LAW # 1 FOR 1984 Motion by Councilman Pierce Seconded by Councilman Manning ROLL CALL VOTE: Supervisor Nadolski AYE Councilman Manning AYE Councilman Pierce AYE ® Councilman Thorpe AYE Councilman O'Donnell ABSENT ADOPTED WHEREAS, Local Law No. 1 for the year 1984, providing for the appointment instead of election of the Superintendent of Highways of the Town of Cortlandville, was introduced at the June 18, 1984 meeting of the Town Board, and WHEREAS, said Local Law has been in its final form upon the desks of the members at least seven days exclusive of Sunday prior to this date, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, now, therefore, be it RESOLVED, that Local Law No. 1 for the year 1984 is hereby passed and enacted in the following form: SECTION 1. The elective office of Superintendent of Highways of the Town of Cortlandville is hereby abolished and a Superintendent of Highways for the Town of Cortlandville shall hereafter be appointed by the Cortlandville Town Board. SECTION 2 This local law shall supersede in its application to the Town of Cortlandville paragraph (b) of subdivision one of Section Twenty of the Town Law with respect to the mode of selection of the Superintendent of Highways in the Town of Cortlandville. SECTION 3. This local law shall take effect immediately upon filing with the Secretary of State and after approval by a majority of the electors voting theron in accordance with the requirements of Section Twenty-three of the Municipal Home Rule Law. WAS NOT VOTER APPROVED WAS NOT ADOPTED 1 26 2 Wednesday, September 5, 1984 Page 259 of the 1984 Minute Book RESOLUTION # 165 ADOPTING LOCAL LAW # 1 FOR 1984 - WASTEWATER DISCHARGE LAW Motion by Councilman Manning Seconded by Councilman Thorpe ROLL CALL VOTE: Supervisor Nadolski AYE Councilman Thorpe AYE Councilman Pierce AYE Councilman O'Donnell AYE Councilman Manning AYE ADOPTED • see the next 24 pages RESOLUTION WERE RENUMBERED AS PER RESOLUTION # 211 ADOPTED NOVEMBER 7, 1984 PAGE 291 El 5 0 TABLE OF CONTENTS 0 P 11 ARTICLE I - GENERAL PROVISIONS Section 1.1 Policy And Purpose Section 1.2 Definitions ARTICLE II - REGULATIONS Section 2.1 Use Of Public Sewers Required Section 2.2 Private Wastewater Disposal Section 2.3 Building Sewers And Connections Section 2.4 Prohibitions On Discharge Section 2.5 Prohibition On Storm Drainage And Groundwater Section 2.6 Prohibition On Unpolluted Water Section 2.7 Limitations On Radioactive Wastes Section 2.8 Limitations On The Use Of Garbage Grinders Section 2.9 Limitations On Point Of Discharge Section 2.10 Holding Tank Waste Section 2.11 Limitations On Wastewater Strength Section 2.12 Disposal Of Unacceptable Waste ARTICLE III - WASTEWATER VOLUME DETERMINATION Page No. 1 1 9 9 10 13 14 14 14 14 15 15 16 18 Section 3.1 Metered Water Supply 19 Section 3.2 Metered Wastewater Volume And Metered Diversions 19 Section 3.3 Estimated Wastewater Volume 20 ARTICLE IV - DISCHARGE REPORT, WASTEWATER DISCHARGE PERMITS & ADMINISTRATION Section 4.1 Discharge Reports 21 Section 4.2 Industrial Discharge Permits 21 Section 4.3 Monitoring Facilities 24 Section 4.4 Inspection And Sampling 26 Section 4.5 Pretreatment Facilities 26 Section 4.6 Protection From Accidental Discharge 27 Section 4.7 Confidential Information 27 Section 4.8 Special Agreements 28 Section 4.9 Authorized Access 28 ARTICLE V - WASTEWATER CHARGES & FEES Section 5.1 Statement Of Policy 30 Section 5.2 Classification Of. Users 30 Section 5.3 Non -Industrial Sewer Charge E Special Assessment 31 Section 5.4 Payment Of Sewer Rents 32 Section 5.5 Penalties 32 Section 5.6 Lien 33 Section 5.7 Computation Of Industrial User Charge 33 Section 5.8 Basis For Determination 35 Section 5.9 Volume Determination 35 Section 5.10 Determination Of Pollutant Concentration 36 Section 5.11 Pollutant Concentration Disputed By A User 37 Section 5.12 Incorporation 37 ARTICLE V1 - ENFORCEMENT Section 6.1 Accidental Discharge Section 6.2 Schedule Of Compliance Section 6.3 Appeals Section 6.4 Falsifying Of Information Section 6.5 Analytical Procedures Section 6.6 Potential Bond Requirements Section 6.7 Termination Of Service Section 6.8 Notification Requirements Section 6.9 Emergency Action ARTICLE VII - PENALTIES Section 7.1 Penalty For Violation Section 7.2 Penalties For Repeated Violations Section 7.3 Separate Violations Section 7.4 Misdemeanor Violations Section 7.5 Injunctive Relief ARTICLE VI11 - VALIDITY Section 8.1 Repeal Of Prior Rules And Regulations Section 8.2 Severability Section 8.3 Effective Date 38 39 39 39 40 40 40 41 41 43 43 43 43 43 44 44 44 Wastewater Discharge Law 2(, ARTICLE I - GENERAL PROVISIONS Section 1.1 - Policv And Purpose This Wastewater Discharge Law sets uniform requirements for discharges into the wastewater collection and treatment system and enables the Agency to comply with the administrative provisions of the Grant Regulations, the water itquality requirements set by the New York State Department of Environmental Conservation, and the applicable effluent limitations, national standards of performance, toxic and pretreatment effluent standards, and any other discharge criteria which are required or authorized by State or Federal law, and to derive the maximum public benefit by regulating the quality and quantity of wastewater discharged into the Agency sewer system. This law provides a means for determining wastewater volumes, constituents, and characteristics, the setting of charges and fees, and the issuance of permits to certain users. Revenues derived from the application of this law shall be used to defray the Agency's cost of operating and maintaining adequate wastewater collection and treatment systems and to provide sufficient funds for capital outlay, bond service costs, capital improvements, and depreciation. Section 1.2 - Definitions Unless otherwise defined herein, terms shall be as adopted in the most current edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Assocation, and the Water Pollution Control Federation. Waste constituents and characteristics shall be measured by Standard Methods unless expressly stated, or as established by Federal or State regulatory agencies. a. "Administrator" shall mean the Cortlandville Town Supervisor or his designated representative. f 1 b. "Agency" shall mean the Town of Cortlandville Water & Sewer Department. c. "Building Sewer" shall mean a sewer conveying wastewater from the premises of a user to a community sewer. d. "Beneficial Uses" shall mean uses of the waters of the State that may be protected against quality degradation including domestic, municipal, agricultural -and industrial supply, power generation, recreation, aesthetic enjoyment, navigation, and the preservation and enhancement of fish, wildlife, and other aquatic resources or reserves, and other uses, both tangible or intangible as specified by Federal and State Law. e. "Community Sewer" shall mean a sewer owned and operated by the Agency tributary to a treatment. faci I ity operated by the Agency. f. "Cooling Water" shall mean the water discharged from any system of condensation, air conditioning, cooling refrigeration, or other sources. It shall contain no polluting substances which would produce BOD5 or Suspended Solids each in excess of 10 milligrams per liter, or of toxic substances as limited in Article -ll. g. "Federal Act" shall mean the Federal Water Pollution Act, PL 92-500, and any amendments thereto; as well as any guidelines, limitations, and standards promulgated by the US Environmental, Protection Agency pursuant to the Act. h. "Garbage" shall mean animal - and . vegetable- wastes from the preparation, cooking and disposing of food; and from the handling, processing, storage, -and sale of food. i. "Holding Tank Waste` shall mean any waste from hodling tanks such as vessels,' 'chemical toilets,' campers, trailers, septic tanks, and vacuum pump tank trucks. 2 A j. "Industry" shall mean any establishment which uses water in a product or generates a wastewater during any period of production. k. "Industrial User" shall mean any non -governmental user of publicly -owned treatment works identified in any of the following divisions of the Standard Industrial Classification Manual, 1972, Office of Management & Budget: Division A Agriculture, Forestry, and Fishing Division B Mining Division D Manufacturing Division E Transportation, Communications, Electric, Gas,. and Sanitary Services Division I Services I. "Industrial Wastes" shall - mean any liquid, gaseous, or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, or from development or recovery of natural resources. M. "Infiltration" shall mean the water entering a sewer system, including sewer service connections, from the ground, through such means as, but not limited to, defective pipes, pipe joints, connections, or manhole walls. Infiltration does not include, and is distinguished from, inflow. n. "Inflow" shall mean the water discharged into a sewer system, including service connections from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers, catch basins, stormwaters, surface 3 S9 runoff, street wash waters, and drainage. Inflow does not include and is distinguished from infiltration. o. "Major Contributing Industry" shall --mean any wastewater contributor identified in the Standard Industrial Classification (SIC) Manual in any of Divisions A, B, D, E, and I that: (1) Has a discharge flow of 50,000 gallons or more per average work day (if seasonal, the average shall be computed on the period of use); or (2) Has a flow or pollutant loading greater than five percent (5%) of the design capacity of the Agency's treatment works; or (3) Has in its wastes toxic pollutants in toxic amounts as defined in the standards issued under Section 307(a) of the Federal Water Pollution Control Act Amendments of 1972; or (4) Is found by the Agency's . authorized representative to have significant impact, either singly or in combination with other contributing industries, on the treatment works or upon the quality of effluent from the treatment works. p. "Mass Emission Rate" shall mean the weight of material discharged to the community sewer system during a given time interval. Unless otherwise specified, a mass emission rate shall mean pounds per day of a particular constituent or combination of constituents. q. "Person" shall mean any individual, firm, company, partnership, association, and. private, public, and municipal corporations' responsible corporate officer, the United States of America, the State of New York, districts and all political subdivisions, governmental agencies, and mandatories thereof. r. "Pollu.tants" shall - mean, or may be defined now or hereafter by 4 appropriate local, State, or . Federal authorities, or by the Commissioner, as substances which may be present in wastewater, whether gaseous, liquid, or solid, the amount which may contain soluble -or insoluble • solids of organic or inorganic nature which may depelete the dissolved oxygen content of natural waters, contribute solids, contain oil, ` grease, or floating solids which may cause unsightly appearance on the surface of such waters, or contain material detrimental to aquatic life. S. "Premises" shall mean a parcel of real estate or portion thereof, including any improvements thereon, which is determined by the Agency to be a single user for purposes of receiving, using, and paying for service. t. "Pretreatment" shall mean the. treatment of wastewaters from sources before introduction into the sewage treatment works. U. "Priority Pollutants" shall- mean any of the contaminants on the USEPA List of 126 Pollutants which are defined as priority pollutants. V. "Private Sewer" shall mean a sewer either on private property or in a public street which has not yet been constructed by nor is controlled by a public agency. w. "Sanitary Sewer" shall mean a sewer intended to carry only sanitary or sanitary and industrial wastewater from residences, commercial buildings, industrial plants, and institutions. X. "Sanitary Waste" shall mean wash water, culinary wastes, and liquid waste containing only human excreta and similar matter, flowing in or from a building drainage system, or sewer originating in a dwelling, business building, factory, or institution. 5 11 91 Y. "Shall" -is mandatory; "may" is permissive. Z. "Shredded Garbage" shall mean garbage shredded to such a degree that all particles will -be carried freely under flow conditions normally prevailing in public sewers, with no particle having a dimension greater than one-half inch in any direction. aa. "Significant Industry" shall mean any wastewater contributor that: (1) Is subject to promulgated Federal Categorical Pretreatment Standards; or (2) Has substantial impact, either singularly- or in combination with other contributing industries, on the operation of the treatment works; or (3) Dischargesgreater than 50,000 gpd of wastewater to the community sewer; or (4) Uses more than 10,000 pounds or 1,000 gallons per year of priority pollutants or substances of concern and discharges measurable quantities of these pollutants to the sewer system which can be shown to: (a) Interfere with the operation of the treatment plant, (b) Pass through the treatment plant and pollute the receiving waters, (c) Concentrate in the ,sludge, thereby limiting opportunities for disposal or reuse; or (d)' Pose a hazard to City workers. (5) Industries which are major contributing industries as previously defined. bb. "Storm Sewer" shall mean a sewer intended to carry only stormwaters, surfacerunoff, street wash water, and drainage. 6 9 z_ cc. "Substances of Concern" are those substances defined by the NYSDEC as. substances of concern in their Industrial Chemicals Survey (IC-S) form. dd. "Toxic Substances" shall mean any substance, whether gaseous, liquid, or solid, which when discharged to the sewer system in sufficient amounts may tend to interfere with any sewage treatment process, constitute a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant, pose a hazard to men working in the sewer system, or constitute a hazard to fish or animal life. ee. "Treatment Works" shall mean any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage and/or industrial wastes of a liquid nature or necessary to recycle or reuse water at the most economical cost over the useful life of the works, including interceptor sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment and appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land, that .will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment; or any other method or system for preventing, abating, reducing, storing, treating, separating, or disposing of municipal waste, including storm runoff, or industrial waste, including waste in combined stormwater and sanitary sewer systems. ff. "Unpolluted Water" shall mean water to which no constituent has been 7 93 added, either intentionally or accidentally, which would render such water unacceptable to the agency having jurisdiction thereof for disposal to storm or natural drainages or directly to surface waters. gg. "User" shall mean any person that discharges, causes, or permits the discharge of wastewater into a community sewer. hh. "User Classification" shall mean a classification of user based on flow and chemical constituents. ii. ' "Waste" shall •mean any substance which contains sewage and any and all other waste materials from habitation, of human or animal origin, or from any producing, manufacturing, or processing operations of whatever nature, including such wastes placed within containers of whatever nature prior to, and for purposes of, disposal. jj. "Wastewater" shall ...mean waste and water, whether treated or untreated, discharged into or permitted to enter a community sewer. kk.. "Wastewater. Constituents and Characteristics" shall mean the individual chemical, physical, • ' bacteriological, and radiological quality (parameters); including . volume and flow rate and such other parameters that serve to define, classify, or measure the contents, quality, quantity, and strength of wastewater. II. "Waters of the State" shall -.mean any water, surface or underground, within the boundaries of the State of. New York.'. mm. "Wastewater Treatment Plant" shall- mean any arrangement of devices and structures or methods used for treating sewage. 8 i ARTICLE II - REGULATIONS Section 2.1 - Use of Public Sewers Required a. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town of Cortlandville, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage, or objectionable waste. b. It shall be unlawful to discharge to any natural outlet within the Town of Cortlandville, or in any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this law. C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. d. The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town and abutting on any street, alley, or right-of-way in which there is not located or may in the future be located a public sanitary sewer of the Town, is hereby required at the owner's (s') expense to install suitable toilet facilities directly with the proper public sewer in accordance with the provisions of this law within ninety (90) days after date of official notices to do so, provided that said sewer is within one -hundred (100) feet (30.5 meters) of the property line. Section 2.2 - Private Wastewater Disposal a. Where a public sanitary sewer is not available under the provisions of previous Section, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Section. 9 l3 q5 b. Before commencement of construction of a private wastewater disposal system, the owner(s) shall first obtain a written permit signed by the Public Health Administrator of the Cortland County Health Department. The application for such permit shall be made on a form furnished by the Health Department, which the applicant shall supplement by any plans, specifications, and other . information as are deemed necessary by the Administrator. The permit and inspection are subject to a fee which shall be paid to the Health Department at the -time the application is filed. C. At such time as a public sanitary sewer becomes available to a property served by a private wastewater disposal system, as provided in Section 2.1, a direct connection shall be made to the public sewer within sixty (60) days in compliance with this law, and any septic tanks, cesspools, and similar wastewater disposal facilities shall be cleaned of sludge . and filled with suitable material. d. The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town of Cortlandville. e. No statement contained in this Article shall be construed to interfere with any additional requirements that may be imposed by the Cortland County Health Department. Section 2.3 = Building Sewers and Connections a. No unauthorized person(s) shall uncover, make any connections with, or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Administrator. b. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and. (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent 10 shall make application on a special form furnished by the Town of Cortlandville. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Administrator. Applicable permit and .inspection fees shall be paid to the Town at the time the application is filed. C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owners). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. d. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining' alley, court, yard, or driveway, the front building may be extended to the rear building and the whole considered as one building sewer, but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. e. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Administrator, to meet all requirements of this law. f. The size, slope, alignment, materials, or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town of Cortlandville. g. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any 11 9� building drain is . too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. h. No person(s) . shall make connection of roof downspouts, foundation drains, areaway drains, or other sources. of, surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Administrator - for the purpose of disposal of polluted surface drainage. i. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of -the Town. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedure and materials must be approved by the Administrator before installation. j. The applicant for the building sewer permit shall notify the Administrator when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Administrator or his representative. Plumbers shall be approved, in writing, by the Administrator. k.' All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall -be restored in a manner satisfactory to the Town of Cortlandville. 12 Section 2.4 - Prohibitions On Discharge No person shall discharge wastes to a community. sewer which cause, threaten to cause, or are capable of causing, either alone or by interaction with other substances: a. A fire or explosion. b. Obstruction of flow or injury to the treatment works. c. Danger to life or safety of personnel. d. A strong offensive odor or prevention of the effective maintenance or operation of the treatment works. e. Air pollution by the release of toxic or malodorous gases or malodorous gas -producing substances. f. Interference with the wastewater treatment process. g. The Agency's effluent or any , other product of the treatment process, residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. h. A detrimental environmental impact or a nuisance in the waters of the State or a condition unacceptable to any public agency having regulatory jurisdiction over the Agency. i. Discoloration 'or any other condition in the quality of the Agency's treatment works effluent such that receiving water quality requirements established by law cannot be met. j. The Agency's treatment works to be overloaded or cause excessive Agency collection or treatment costs, or may use a disproportionate share of the Agency facilities. k. Any constituent posing a corrosive threat to the treatment works. 13 11 99 Section 2.5 - Prohibition On Storm Drainage And Groundwater Stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage shall not be discharged through direct or indirect connections to a community sewer. Section 2.6 Prohibition On Unpolluted Water Unpolluted water, including, but not limited to, cooling water,. process water or blowdown from cooling towers or evaporative coolers, shall not be discharged through direct or indirect connection to a community sewer. Section 2.7 - Limitations On Radioactive Wastes No person shall discharge or cause to be discharged, any radioactive waste into a community sewer except: a. When the person is authorized to use radioactive materials by the State Department of Health or other governmental agency empowered to regulate the use of radioactive materials. b. When the waste is discharged in direct conformity with current New York State Department of Environmental Conservation regulations and the Atomic Energy Commission regulations and recommendations for safe disposal. 0 c. When the person is in compliance with all rules and regulations of all other applicable regulatory agencies. Section 2.8 - Limitations On The Use Of Garbage Grinders Waste from garbage grinders shall not be discharged into a community sewer except: 14 • )00 a. Wastes generated in preparation of food normally consumed on the premises. b. Where the user has obtained a permit for that specific use from the Agency, and agrees to undertake whatever self=monitoring is required to. enable the Agency to equitably• determine . the charges and fees based on the waste constituents and characteristics. Such grinders must shred the waste to a degree that all .particles will be carried freely under normal flow conditions prevailing in the community sewer. Garbage grinders shall -not be used for grinding plastic, paper products, inert materials;'or garden refuse. Section 2.9 - Limitations On Point Of Discharge . No person shall discharge any substances directly into a manhole or other opening in a community sewer other than through an approved building sewer, unless he has been issued a permit by the Administrator. If a permit is issued for such direct discharge, the user shall pay the applicable charges and fees and shall meet such other conditions as required by the Administrator and the Cortlandville Town Board by rule, regulation, or resolution. 9 Section 2.10 - Holding Tank Waste No person shall discharge any holding tank waste into a community sewer unless he has been issued a permit by the Administrator. Unless otherwise allowed by the Administrator under the terms and conditions of the permit, a separate permit must be secured for each separate discharge. This permit will state the specific location of discharge, the time of day the discharge is to occur, the volume of the discharge, and the wastewater constituents and characteristics. If a permit is granted for discharge of such waste into a 15 0 community sewer, the user shall pay the applicable charges and fees and shall meet . such other conditions as required by the Administrator and the Cortlandville-. Town Board.' An exception to the above is that no permit will be required for discharge of domestic wastes from mobile holding tanks provided that such discharges are made into. an Agency -approved facility designed to receive such wastes.' Issuance of . a permit to a person does not in any manner alleviate said person from any responsibilities stated herein. Section 2. 11 - Limitations On Wastewater .Strength a. No person shall discharge wastewater containing in excess of the following concentrations into any portion of the Public Sewer System: 30-Day Average 24-Hour Average Cadmium 0.2.mg/1 0.4 mg/I Total Chromium 2.5 mg/I 7.0 mg/I Copper 0.4 mg /1 0.8 mg /l Lead 0.1 mg /1 0.2 mg /I Mercury 0.1 mg/I 0.2 mg/I N ickel 2.0 mg /I 4.0 mg /I Zinc 1.8 mg/l 4.2 mg/I Arsenic 0.1 mg/I 0.2 mg/I Available Chlorine 50.0 mg /1 50.0 mg/I Cyanide -free 0.2 mg/I 0.4 mg/I Cyanide -complex 0.8 mg /I 1.6 mg /I Selenium 0.1 mg/I 0.2 mg/I Sulfide 3.0 mg/1 6.0 mg/I Barium 2.0 mg/I 4.0 mg/I Gold 0.1 mg/I 0.2 mg/I Silver 0.1 mg /I 0.2 mg /I Fluorides 1.0 mg/I 1.0 mg/I Phenol 2.0 mg/I 4.0 mg/I b. No person shall discharge any wastewater: (1) Having a temperature .higher than 150 degrees F. (65.5 degrees Celsius), nor having such a temperature as to cause the temperature of the treatment plant influent to exceed 104 degrees F. (40 degrees Celsius) . 16 0 7_ (2) Containing waxes, fats, oil or grease, emulsified or not, in excess of 100 milligrams per liter (mg/1), as determined by standard oil ' or grease estimates. (3) Having a pH lower than 5.5 or higher than 9.5. (4) Containing in excess of 0.02 mg/I total identifiable chlorinated hydrocarbons which cannot be removed by the Agency's wastewater treatment process. (5) Containing more than 20.mg/I of the following gases: (a) Hydrogen Sulfide (b) Sulfur Dioxide (c) Oxides of Nitrogen (6) Containing in excess of 1.0 mg/I phenolic compounds which cannot be removed by the Agency's wastewater treatment process. (7). Containing garbage that has not been properly shredded. C. No person shall augment his use of process water or otherwise intentionally dilute his discharge as a partial or complete substitute for adequate treatment to achieve compliance with any effluent limitations specified or referenced herein. d. Effluent limitations promulgated under' Section 307 of the Federal Act shall apply in any instance where they are more stringent than the limitations incorporated herein. Discharges regulated by Categorical Standards S Requirements covered under 40 CFR 403.6 and 403.12(b) are required by this Ordinance to comply with such applicable standards and requirements. e. Limitations on wastewater strength contained in Subsections (a) and (b) of this section may be supplemented by more stringent limitations under the following conditions: 17 ID5 (1) If the Agency determines that the limitation in Subsections (a) and (b) of this Section may not be sufficient to protect the operation of the Agency's treatment works, or (2) If the Agency determines that the limitations in Subsections (a) and (b) of this Section may not be sufficient to enable the Agency's treatment works to comply with water quality standards or effluent limitation specifications in the Agency's State Pollutant Discharge Elimination System (SPDES) permit. Section 2.12 = Disposal Of Unacceptable Waste Waste not permitted to be discharged into the community sewer must be transported to a State -approved disposal site. The required "Waste Hauler's Report" must be completed and a copy furnished within thirty (30) days to the Agency by the discharger. 18 ARTICLE III - WASTEWATER VOLUME DETERMINATION Section 3.1 - Metered Water Supply When charges and fees are based upon the water usage, such charges and fees shall be applied against the total amount of water used from all sources unless, in the opinion of the Administrator, significant portions of water received are not discharged to a community sewer. The total amount of water used from public and private sources will be determined by means of public meters or private meters, installed and maintained at the expense of the user and approved by the Administrator. Section 3.2 - Metered Wastewater Volume And Metered Diversions When charges and fees are based upon water usage and where, in the opinion of the Administrator, a significant portion of the water received from any metered source does not. flow into the community sewer because of the principal activity of the user or removal by other means, the charges and fees will be applied against the volume of water discharged from such premises into the community sewer. Written notification and proof of the diversion of water must be provided by the user, and approved by the Administrator, if the user is to avoid the application of the charges and fees against the total amount of water use from all sources. The user may install a meter of a type and at a location approved by the Administrator and at the user's expense. Such meters shall measure either the amount of sewage discharged or the amount of water diverted. Such meters shall be maintained at the expense of the user and be tested for accuracy at the expense of the user when deemed necessary by the Administrator. 19 i J a5 Section 3.3 - Estimated Wastewater .Volume a. Users without source meters - For users where, in the opinion of the Administrator, it is unnecessary or impractical to install meters, the charges and fees may be .based upon an estimate of the volume to be discharged, prepared by the Administrator. A rational method will be used to estimate the quantity of wastewater discharged and may consider such factors as the number of fixtures, seating capacity, population equivalent, annual production of goods and services, or such other determinations of water use necessary to estimate the wastewater volume discharged. The Administrator reserves the right to enter any premises for the purpose of estimating and measuring water or wastewater usage. b. Users with source meters - ..For users who, in the opinion of the Administrator, divert a significant ' portion of their flow from a community sewer, the charges- and fees may be based upon an estimate of the flow and volume to be discharged, prepared by the user and approved by the ,Administrator, provided the user obtains a Wastewater Discharge Permit and pays the applicable . charges and fees.. The estimate must include the method and calculations used to determine the wastewater volume and may consider such factors as the number of fixtures, seating capacity, population equivalents, annual production of goods and services, or such other determinations 'of water use necessary to estimate the wastewater volume discharged. 20 (b(, ARTICLE IV DISCHARGE REPORT, WASTEWATER DISCHARGE PERMITS S ADMINISTRATION Section 4.1 - Discharge Reports The Administrator may require that any person discharging or proposing to discharge wastewater into a community sewer file a period Discharge Report. The Discharge Report may include, but not be limited to, nature of process, volume, rates of flow, mass emission rate, or other information which relates to the generation of waste including wastewater discharge. Such reports may also include the chemical constitutents and quantity of liquid or gaseous materials stored on site even though they are not normally discharged. In addition to Discharge Reports, the Administrator may require information in the form of Wastewater Discharge Permit applications and self -monitoring reports. Section 4.2 - Industrial Discharge Permits a. Mandatory Permits - Any significant or major contributing industry must obtain an Industrial Wastewater Permit within 120 days after notification by the Administrator. Any new significant or major contributing industry that will be connecting to the community sewer must obtain a Wastewater Discharge Permit prior to discharging into the sewer. b. Optional Permits - The Administrator may issue a Wastewater Discharge Permit to any user upon application, in accordance with the terms of this Section in the following categories: (1) A user who requests charges and fees to be based on an estimate of wastewater flow, or, (2) Any user whose wastewater strength is less than the normal range for the user classification to which he is assigned because of pretreatment, process changes, or other reasons. 21 10-7 C. Permit Application - Users seeking Wastewater Discharge Permit shall complete and file with the . Administrator, an application in the form prescribed by the Administrator, and accompanied by the applicable fees. The applicant may be required to submit, in units and terms appropriate for evaluation, the following information: (1) Name address, and SIC number of applicant. (2) Volume of wastewater to be discharged. (3) Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 2.11 as determined by a certified laboratory approved by the Agency. (4) Time and duration of discharge. (5) Average and 30-minute peak wastewater flow rates, including daily, monthly, and seasonal variations, if any. (6) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location, and elevation. (7) Descritpion of activities, facilities, and plant process on the premises, including all materials, processes, and types of materials which are or could be discharged. (8) Each product produced by type, amount, and rate of production. (9) Number and type of employees, and hours of work. (10) Any other information as may be deemed by the Administrator. to be necessary to evaluate the permit application. The Administrator will evaluate the data furnished by the user and may require additional information. After evaluation and approval of all the data required, the Administrator may issue a Wastewater Discharge Permit subject to terms and conditions provided herein. 22 IJ2 d. Permit Conditions - Wastewater Discharge Permits shall be expressly subject to all provisions of this law and all other ordinances, regulations, charges, and fees established by the Agency, Administrator, or Town Board. The conditions of Wastewater Discharge Permits shall be uniformly enforced by the Administrator in accordance with this law, and applicable State and Federal regulations.. Permits may contain the following: (1) The unit charge or schedule of charges and fees for the wastewater to be discharged to a community sewer. (2)' The average and maximum wastewater constituents and characteristics. (3) Limits. on rate and time of discharge or requirements for flow regulations and equalizations. (4) Requirementsfor installation of inspection and sampling facilities. (5) Pretreatment requirements. (6) Specifications for monitoring programs which may include sampling locations, frequency and method of sampling, number, types, and standards for tests and reporting schedule. (7) Requirements for submission of technical reports or discharge reports. (8) Requirements for maintaining plant records relating to wastewater discharge as specified by the Agency, and affording Agency access thereto. (9) Mean and maximum mass emission rates, or other appropriate limits. (10) Other conditions as deemed appropriate by the Agency to ensure compliance with this law. e. Duration of Permits - Wastewater Discharge Permits shall be issued for a specified time period, not to exceed five (5) years. A Permit may be issued for a period less than one (1) year and may be stated to expire on a specific date. If the user is not notified by the Administrator thirty (30) 23 m" days prior to the expiration of the Permit, the Permit shall be extended one (1) additional year. The terms and conditions of the Permit may be subject to modification and change by the Administrator during the life of the Permit as limitations or requirements as identified in Section 2.11 are modified or changed. The user shall be informed of any proposed changes in his Permit at least thirty (30) days prior to the effective date of change. Any changes or new conditions in the Permit shall include a reasonable time schedule for compliance. f. Transfer of a Permit - Wastewater Discharge Permits are issued to a specific user for a specific operation. A Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation. g. Revocation of a Permit - Any user who violates the conditions of the Wastewater Discharge Permit, any provisions of this law, applicable State or Federal regulations, or any of the following, is subject to having his Permit revoked: (1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge. (2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics. (3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring. Section 4.3 - Monitoring Facilities Users who propose to discharge, or who, in the judgment of the Administrator, could discharge now or in the future, wastewater with constituents and characteristics different from that produced by a domestic 24 NO premise (see Section 5.2 herein) will be required to install a monitoring facility. When more than one (1) user can discharge into a common building sewer, the Agency may require installation of a separate monitoring facility for each user. Also when, in the judgement of the Administrator, there is a significant difference between multiple discharges from a single user, the Administrator may require that separate monitoring facilities be installed for each separate discharge. Monitoring facilities that are required to be installed shall be constructed, operated, and maintained at the user's expense. The purpose of the facility is to enable inspection, sampling, and flow measurement of wastewaters produced by a user. If sampling or metering equipment is also required by the Agency, it shall be provided, installed, and operated at the user's expense. The monitoring facility will normally be required to be located on the user's premises outside of the building. The Administrator may, however, when such a location would be impractical or cause undue hardship on the user, allow the facility to be constructed in the public street or sidewalk area, with the approval of the public agency having jurisdiction over that street or sidewalk, and located so that it will not be obstructed by landscaping or parked vehicles. If the monitoring facility is inside the user's fence, there shall be accommodations to allow safe and immediate access for Administrator's personnel, such as a gate secured with an Administrator's lock. There shall be ample room in or near such facility to allow accurate sampling and compositing of samples for analysis. The entire facility and the sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition by and at the expense of the user. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the Administrator's requirements and all 25 applicable local agency construction standards and specifications. When, in the judgement of the Administrator, an existing user requires' a monitoring facility, the user will be so notified in writing. Construction must be completed within ninety(90) days following written notification unless a time extension is otherwise granted by the Administrator. Section 4.4 - Inspection And Sampling The Administrator may inspect the facilities of any user to ascertain whether the purpose of this law is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the Administrator or his representative ready access at all reasonable times to all parts of the premises for the purpose of inspection or sampling or in the performance of any of their duties. The Administrator shall have the right to set up on the user's property such devices as are necessary to conduct sampling or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel of the Administrator will be permitted to enter without delay for the purposes of performing their specific responsibilities. Section 4.5 - Pretreatment Facilities Users shall make wastewater acceptable under the limitations established herein before discharging into any community sewer. Any facilities required to pretreat wastewater to a level acceptable to the Administrator shall be provided and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operation procedures shall be submitted to the Agency for review, 26 and shall be approved by the Administrator before construction of the facility. The review and approval of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent complying the the provisions of this law. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be approved by the Administrator. Section 4.6 Protection From' Accidental Discharge Each user shall provide protection from accidental discharge of prohibited materials or other wastes regulated by this law. Facilities to prevent accidental discharge or prohibited materials shall be provided and maintained at the user's expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the Administrator for review, and shall be approved by the.Administrator before construction of the facility. The review and approval of such plans and specifications will in no way relieve the user from the responsibility of modifying the facility as necessary to provide the protection necessary to meet the requirements of this law. Section 4.7 - Confidential Information All information and data on a user obtained from reports, questionnaires, permit applications, permits, and monitoring programs, and from inspections, shall be available to the public or any other governmental agency without restruction unless the user specifically requests that such information be treated as confidential and shows that the release of such information on processes or methods would be detrimental to the user's competitive position. 27 C] ►13 When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available to governmental agencies for use in making studies. Such portions of a report shall also be available for use by the State or any State agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constitutents and characteristics will not be recognized as confidential information. Information, accepted by the Administrator as confidential, shall not be transmitted to any other governmental agency until such time that the Administrator has assurance of its confidential treatment and only after adequate notification is given to the user. Section 4.8 - Special Agreements Special agreements and arrangements between the Administrator or Town Board and any persons or agencies may be established when, in the opinion of the Administrator, unusual or extraordinary circumstances compel special terms and conditions, subject to the approval of the City of Cortland Department of Wastewater Treatment. No such special agreement or arrangement, however, shall have the affect of modifying or revising any effluent limitations established in accordance with the Federal Act unless such a revision is granted in accordance with mechanisms established under 40 CFR Part 403.7. Section 4.9 - Authorized Access In addition to Administrator's personnel, employees from the US Environmental Protection Agency and the. NYS Department of Environmental 28 Conservation shall be given access for the purpose of inspection, observation, liy measurement, sampling, and testing. I 29 115 ARTICLE V - WASTEWATER CHARGES E FEES Section 5.1 - Statement of Policy The Town, in order to comply with applicable Federal and State laws and regulations, and to provide an equitable- method for the payment of the cost of the construction, opration, maintenance, and debt service " of the Town sewer system and wastewater treatment plant, establishes and imposes, pursuant to Town Law, Articles 12, 12-A, and 12-C, and other applicable statutory - authority, an annual sewer rent charge and special assessment upon the real property of the users of said system within the Town. In addition, the Town Board is authorized and empowered to enter into such agreements with other municipalities and persons or to enact necessary legislation to insure that users of said system located outside of the Town shall pay an equitable portion of the cost of the system. Section 5.2 - Classification of Users The Administrator shall classify property into industrial and non -industrial users depending upon the type of discharge from the property. Any property discharging other than average domestic sewage shall be subject to the provisions of this Article governing industrial users. Average domestic sewage shall be wastewater with a maximum of the .following characteristics: Biochemical Oxygen Demand (B)D) 200 milligrams per liter Carbonaceous Oxygen Demand (COD) 375 milligrams per liter Nitrogenous Oxygen Demand (NOD) 185 milligrams per liter Suspended Solids 250 milligrams per liter Oil and Grease 40 milligrams per liter 30 11( Section 5.3 - Non -Industrial Sewer Charge E Special Assessment a. Sewer charges shall be determined quarterly on January 1st, April 1st, July- 1st, and October 1st of each year and billed as close to said dates as is practicable. Special Assessments shall be billed annually with property tax bills. b. . The sewer charge shall be determined on each of the foregoing dates by multiplying the number of one -thousand (1000) gallons of water ( rounded to the nearest whole -number) used by a user for the preceding three (3) months as determined by the ' Administrator, by the sewer ra'Le as determined by the Administrator and approved by the Town Board. The Special Assessment rate, per unit, shall be determined by dividing the total estimated capital costs for the upcoming year (bond interest and principle, capital fund contributions, or ther sums attributed to capital projects) by the estimated past year's .water usage in one -thousand (1000) gallons.. Each sewered property, or property within one -hundred (100) feet of a Town sewer, shall be assessed one unit.. Each 75,000 gallons of water usage or 100 feet of property frontage along the sewer shall represent one unit, whichever is greater. Where the past year's water usage is not available, Administrator shall estimate usage. C. In the case of a user who contributes an amount of sewage substantially less or greater than the amount of metered water used by the user, the Administrator shall determine a fair and equitable 'sewer charge and special assessment, taking into consideration the provisions of Article III of this law and such rules and regulations as may be prescribed by the Administrator or . Town Board. Substantial for the purposes hereof shall mean at least fifteen percent (15%) . 3.1 HI d. Any user aggrieved by a sewer charge or special assessment shall present his grievance to the Town Board through the Administrator. Such Board shall have the power to review such grievance and to affirm or modify the sewer charge or special assessment. If the charge is modified, the Board shall state its reasons in writing and shall order that a refund be paid to the grievant. Section 5.4 - Payment of Sewer Rents A bill for each quarterly- sewer charge shall be mailed on or about the dates set forth in the preceding Section to the last known user of each metered premises in the Town as shown on the records of the Administrator. Payment of such bill at the office of the Town Clerk in Town Hall shall be made no later than thirty (30) days from the date of the billing. Failure to timely mail such bill or failure of any user to receive such billing shall not be an excuse for non-payment. Section 5.5 - Penalties Penalties for late or non-payment of an installment of sewer rents and special assessments shall be ten percent (10 0) of the amount due, and such penalty shall be added to the unpaid sewer rent in arrears for thirty (30) days or longer. If the sewer rent remains unpaid for sixty (60) days from the date due, the sewer service is subject to being discontinued 'without notice. Penalties for late or non-payment of an installment of sewer rents and special assessments are herby fixed as, and made non -incidental with, those penalties fixed after late payment or non-payment of real property taxes as currently established and as amended from time to time by the Town Board. 32 Section 5.6 - Lien Sewer rents, special assessments, and penalties, shall constitute a lien upon the real property within the Town to the extent set forth in General Municipal Law, Section 425, and Town Law, Section 198, and the Town may enforce the collection of delinquent sewer rents and special assessments by any method authorized by said Sections. Section 5.7 - Computation of Industrial User Charge Industrial users connected to the sewer system by any means shall pay an industrial user charge for the utilization of the treatment works for discharging industrial waste or other wastes accepted for discharge. The industrial user shall consist of, but not be limited to, the following charges: a. Operation and maintenance charges attributed to treatment at the City of Cortland Wastewater Treatment Plant and conveyance in the Town sewer collection system. b. Debt service charges attributed to treatment at the City of Cortland Wastewater Treatment Plant. Computation of the applicable industrial user charges shall be done by the Administrator using the following formulas: For operation and maintenance: IC = OM QP(QI) + SP(SI) + BP(BI) + NP(NI) = M QT ST BT NT For debt service charges:* ILS - LID TQP(QI) + TSP(SI) + TBP(BI) + TNP(NI) + M QT ST BT NT where: IC = Industrial share of operation and maintenance cost OM = Annual operation and maintenance cost of treatment plant 33 I QP = Percentage of OEM attributable to flow QI = Average daily discharge flow (mgd) from industry QT = Average daily flow (mgd) at treatment plant SP = Percentage of OEM attributable to SS SI = Average daily discharge SS (Ibs/day) from industry ST = Average daily SS (Ibs/day) at treatment plant BP = Percentage of O&M attributable to BOD BI = Average daily discharge BOC (Ibs/day) from industry BT = Average daily BOD (Ibs/day) at treatment plant NP = Percentage of O&M attributable to NOD NI = Average daily discharge NOD (Ibs/day) from industry NT = Average daily NOD (Ibs/day) at treatment plant M = Any other parameter ILS = Industrial share of local debt service LD = Annual local debt payment TQP = Percentage of treatment plant cost attributable to Q TSP = Percentage of treatment plant cost attributable to SS TBP = Percentage of treatment plant cost attributable to BOD TNP = Percentage of treatment plant cost attributable to NOD *The formula is based on a thirty-year payback, although a lump sum payment can be made. c. A special assessment as described in Section 5.3. The total industrial waste surcharge (IWS) ,is computed using the following equations: a. The total local charge (TLC) is the sum of the operation and maintenance charge (IC) and the debt retirement charge (ILS): TLC = IC + ILS 34 U(n b. The Industrial Waste Surcharge (IWS) is the total local charge less any taxes (TX) as provided by law paid by the user which provides revenue for operating and/or paying the capital cost of a treatment facility. If the taxes (TX) are greater than the total local charges (TLC) there shall be no reimbursement: IWS = TLC = TX Section 5.8 - Basis For Determination The industrial waste surcharge shall be based upon the measured or estimated constituents and characteristics of the wastewater discharge of the user which may include, but not be limited to: Flow Rate, Biochemical Oxygen Demand, Total Suspended Solids, and Nitrogen. The wastewater constituents used to calculate the industrial waste surcharge will be those determined by the Administrator. Any data provided by the user may be used in addition to the data obtained by the Administrator. Section 5.9 - Volume Determination In applying the surcharge formulae, the Administrator may represent the flow discharged into the system by: a. The amount of watersupplied supplied to the premises as shown on the water meter, or water records if the premises is metered. b. The volume of wastewater discharged into !the sewer system as determined by measurements and samples taken at a monitoring facility installed by the owner of the property served by the sewer system. c. Allowance for water not discharged to the sewer system will be made at the discretion of the Administrator. d. A figure determined by the Administrator by a combination of the 35 11I foregoing or by any other equitable method. Section 5.10 - Determination Of Pollutant Concentration The pollutant concentration of any wastewater shall usually be determined from representative samples discharged to the community sewers, taken by representatives of the Administrator at sampling stations as described in Section 4.3 and 4.4, at any period, or time, or of such duration and in such manner as the Administrator may elect, or at any place or manner mutually agreed upon between the user and the Administrator. The intent of any sampling pror:edure is to establish the pollutant concentration in the wastewater discharge during an average or typical working day. This concentration may be derived according to the best judgment of the Administrator. The analysis of samples taken shall be performed in a laboratory of the Department, or a laboratory designated by the Administrator, and the surcharge and/or acceptability of the wastes shall be determined from said analysis. All surcharges shall be based on the analysis of the wastes from any plant or premises related to the analysis of the total volume of wastes received at the treatment plant.. The average value of the concentrations of pollutants measured during a calendar year shall be used in calculating the industrial waste surcharge. Whenever the wastes discharged from a premises Jo a public sewer might be expected to show appreciable variation during the year due to manufacturing process or production variation due to seasonal changes, the Administrator may average the results of the two or more series of analysis taken to reflect these variations and thereby determine an average pollutant concentration. 36 Section 5.11 - Pollutant Concentration Disputed By A User In the event that the pollutant concentration of the waste discharged from a premises to a public sewer as determined under the preceding Section is disputed by a user, a program of re -sampling and flow measurement with subsequent analytical determination may be instituted as follows: a. The person must submit a request for re -sampling and flow measurements of the wastes to the Administrator. b. A consultant of recognized professional standing in the employ of the user must confer with representatives of the Administrator in order that an agreement may be reached as to the various factors which must be considered on a new sampling program. c. . The consultant of recognized professional' standing employed by the user shall conduct a re -sampling and re -analysis program, under the direction of the Administrator, for a period of not less than forty-eight (48) hours. d.. The results of the re -sampling and re -analysis shall be considered to be the current analysis of the wastes discharged to the sewer system and shall be used for determining the acceptability of the sampling and analysis results in question. The new results shall be used in place of the results in question or in addition to other data collected by the Department for determining the industrial waste surcharge and/or compliance with the requirements of the Wastewater Discharge Law. Section 5.12 - Incorporation In determining the industrial user charge and the payment, collection, and penalties therefor, the applicable provisions of' Sections 5.3 through 5.5 are made a part hereof as if set forth in full herein. 37 1Z3 ARTICLE VI - ENFORCEMENT Section 6.1 - Accidental Discharge a. Notification of Discharge - To enable countermeasures to be taken by the Administrator to minimize damage to the community sewerage treatment facility, treatment processes, and the receiving waters, users shall notify the Administrator immediately upon discharging wastes in violation of limitations contained in this law due to: (1) Breakdown of pretreatment equipment (2) Accidents caused by human error or negligence or mechanical failure (3) Other causes, such as acts of nature. The Administrator shall be notified within five (5) days of the date of occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss, or damage to the sewer system, treatment facility, or treatment process, or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act. b. . Notice to Employees - In order that employees of the users be informed of Administrator's requirements, users shall make available to their employees copies of this Wastewater Discharge Law together with such other wastewater information and notices which may be furnished by the Department from time to time directed toward some effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this law. 38 f z� Section 6.2 - Schedule of Compliance When the Administrator finds that a discharge of wastewater has been taking place, in violation of this law, effluent limitations, pretreatment standards, or provisions of an industrial waste discharge permit, the Administrator may issue to the user a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation. The Administrator may also require the submission of specific reports or communications by specific dates in order to monitor the user's progress toward obtaining or maintaining compliance. Section 6.3 - Appeals Any industrial user, permit applicant, or permit holder who is in disagreement with any decision, action, or determination made by the Administrator interpreting or implementing the provisions of this law, may file with the Administrator a written request for reconsideration within fourteen (14) days. Such written request shall set forth in detail the facts supporting the industrial user's request for reconsideration: The Administrator's decision, action, or determination shall remain in effect during such period of reconsideration. Any user aggrieved by a decision of the Administrator may appeal such decision in any manner provided by law. Section 6.4 - Falsifying Of Information Any person who knowingly makes any false statements, representations, record, report, plan, or other document filed with the Administrator, Town Board, or City of Cortland Department of Wastewater Treatment, or who 39 falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this law, is hereby declared in violation of this law and subject to the penalties for violation in Article V I I . Section 6.5 - Analytical Procedures All measurements, tests, and analyses of the constituents and characteristics of waters and wastes to which reference is made in this law shall be determined in accordance with the latest editions of "Standard Methods for the Examination of Water and Wastewater" and the "Methods for Chemical Analysis of Water and Waste" and the latest version of 40, CFR Part 136, "Analysis of Pollutants." Section 6.6 - Potential Bond Requirements At the decision of the Administrator, an industrial user may be required to post a bond payable to the . Town of Cortlandville or City of Cortland Department of Wastewater Treatment as security for payment of the following: a. Fines levied because of violation of this law. b. Industrial waste surcharge. c. Any expense, loss, or damage occasioned by the Department due to the discharge of industrial waste. Section 6.7 - Termination of Service In order to effect its power, the Administrator may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any provision of this law is found to exist. 40 Section 6.8 - Notification Requirements The Administrator shall not terminate service to a user and/or revoke a discharge permit without first delivering to the user written notice of such proposed termination and/or revocation. The notice shall state the reason or reasons of said termination or revocation and shall allow thirty (30) days for the satisfactory compliance with this law. If after the thirty (30) days the user does not make satisfactory and substantial progress to eliminate or correct the conditions which caused such notice to be given, service shall be terminated. The termination of service shall continue until such time as the user has corrected the conditions which violate the provisions of the law. Section 6.9 Emergency Action a. Notwithstanding any other provision of this Chapter or any other local law, whenever the Administrator finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in his judgement, presents an imminent danger to the public health, safety, or welfare, or to the environment, or is likely to result in irreversible or irreparable damage to the community sewer system, and it therefore appears to be prejudicial to the public interest to delay action until notification requirements of Section 6.8 can be complied with, the Administrator may order such user by notice, 'in such form as in his judgement will reasonably notify such person whose practices are intended to be proscribed, to forthwith discontinue, abate, or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order, or where the giving of notice is impracticable, the Administrator may take all appropriate action, including severance of 41 11 the user's sewer connection, to abate the violating condition. As promptly as possible thereafter, not to exceed ten (10) days, the Administrator shall provide the user with written notification in accordance with the provisions of Soction 6.8. b. The Administrator, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety, or welfare, or preserve the community sewer system. 42 • ARTICLE VII - PENALTIES i Z. 2 Section 7.1 - Penalty For Violation Any person who shall violate any part of this law except Article V and Sections 2.4(a) through (c) and 2.7 shall be guilty of a violation and upon conviction shall be fined in an amount not exceeding $250 for each violation. Section 7.2 - Penalties For Repeated Violations Any person who shall be convicted of violating the preceding Section on two or more occasions during a twelve (12) month period shall be fined in an amount not to exceed $500.00. Section 7.3 - Separate Violations Each day in which any violation of Section 7.1 shall continue shall be deemed a separate violation. Section 7.4 - Misdemeanor Violations Any person who shall violate Section 2.4(a), (b), or (c), or Section 2.7, shall be guilty of a Class A misdemeanor and upon conviction thereof shall be subject to imprisonment (unless a Federal or State statute imposes a different penalty), or to a fine of not less than $1, 000 nor more than $5, 000, or both. Section 7.5 - Injunctive Relief Notwithstanding the foregoing, the Town may at any time seek injunctive or other relief, including compensatory and punitive damages, in any Court of competent jurisdiction to enforce this law or to recover for the violation thereof. 43 9 i�'q ARTICLE Vill - VALIDITY Section 8.1 - Repeal of Prior Rules And Regulations This Law supersedes the previous Sewer District No. 1 Ordinance, adopted on July 13, 1960, as amended, and said Ordinance is repealed in its entirety. Section 8.2 - Severability If any provision of this Law or the application to any person or circumstances is held invalid, the remainder of this Law or application of such provisions to other persons or circumstances should not be affected. Section 8.3 - Effective Date This Law shall become effective in accordance with the requirements of the Municipal Home Rule Law. 44 l 27 Wednesday, December 5, 1984 Page 306 of the 1984 Minute Book RESOLUTION # 235 ADOPT LOCAL LAW # 2 FOR 1984 -NO CHANGE - VETERANS EXEMPTIONS Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, Local Law # 2 for the year 1984, Veterans' Real Property Tax Exemption of Section 458-a of the Real Property Tax Latta, was introduced at the October 3, 1984 meeting of the Town Board, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, therefore be it RESOLVED, that Local Law # 2 for the year 1984 is hereby adopted as follows: A LOCAL LAW NOT TO HAVE THE EXEMPTION OF SECTION 458-a OF THE REAL PROPERTY TAX LAW APPLY TO THE TOWN OF CORTLAND- VILLE Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. Pursuant to the authority of Subdivision 4 of Section 458-a of the Real Property Tax Law, the Town of Cortlandville elects not to have the exemption of such Section 458-a apply to the Town. SECTION (2. This Local Law shall take effect immediately upon filing in the Office of the Secretary of State. RESOLUTION WERE RENUMBER AS PER RESOLUTION # 211 ADOPTED 0 NOVEMBER 7, 1984 PAGE 291 n 1 •. 13Z Wednesday, December 5, 1984 Page 302 of the 1984 Minute Book RESOLUTION # 225 ADOPT LOCAL LAW # 3 FOR 1984-EARLY RETIREMENT INCENTIVE PROGRAM Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Local Law # 3 for the year 1984, Electing A Retire- ment Incentive Program As Authorized By Chapter 665, Laws of 1984 for Eligible Employees of the Town of Cortlandville, New York, was introduced at the October 3, 1984 meeting of the Town Board, and WHEREAS, a public hearing thereon has been held before this Town Board, after publication of notice thereof as required by law, now, therefore be it RESOLVED, that Local Law # 3 for the year 1984 is hereby passed and enacted in the following form: A LOCAL LAW ELECTING A RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED BY CHAPTER 665, LAWS OF 1984 FOR ELIGIBLE EMPLOYEES OF THE TOWN OF CORTLANDVILLE, NEW YORK. Be it enacted by the Town Board of the Town of Cortlandville as follows: 1. The Town of Cortlandville hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 665, Laws of 1984. 2. The commencement date of the retirement incentive program shall be February 1, 1985. 3. The open period, during which eligible employees may retire and receive the additional retirement benefit, shall be ninety (90) days in length. 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be funded over a five year period. The amount of the annual payment in each of the five years shall be determined by the Actuary of the New York State Employees' Retirement System, and it shall be paid by the Town of Cortlandville for each employee who received the retirement benefits payable under this local law. 5. This act shall take effect immediately upon the filing thereof in the Office of the Secretary of State. E 1 11 • 1 Wednesday, February 6, 1985 Page 29 Page 30 of the 1985 Minute Book RESOLUTION # 50 ADOPT LOCAL LAW NO. 1 OF THE YEAR 1985 Motion by Councilman Pierce Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS LOCAL LAW NO. 1 of the year 1985, providing for the administration and enforcement of the uniform fire prevention and building code, was introduced at the January 21, 1985 meeting of the Town Board, and WHEREAS, said Local Law has been, in its final form, upon the desks of the members of this board at least seven days, exclusive of Sunday, prior to this date, and WHEREAS, a public hearing thereon, has been held before this Town Board, after publication of notice thereof, as required by law, now therefore BE IT RESOLVED that Local Law No. 1 of the year of 1985 is hereby adopted and enacted by the Town Board of the Town of Cortlandville as follows: continued on the next page l3� Wednesday, February 6, 1985 Page 9 SECTION 1. Definitions. (a) The words and terms used in this local law shall have the same meaning as those contained in Executive Law, Article 18 as added by Chapter 707 of the Laws of 1981, unless the context may otherwise require. (b) "Enforcement official" shall mean the Town of Cortlandville Code Enforcement Officer and/or any other designated person or firm authorized and empowered to administer and enforce the Uniform Code in the Town. SECTION 2. Permits. (a) No person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal or demolition of any building or structure or any portion thereof without first having obtained a permit from the enforcement officer or other designated person or firm of the Town. No such permit shall be required for necessary repairs which are not of a structural nature and do not involve abatement of a violation of the Uniform Code. (b) The form of the permit and application therefor shall be prescribed by a resolution of the town board. The application shall be signed by the owner or authorized agent of the building or work and shall contain at least the following: (1) the name and adress of the owner; (2) identification or description of the land on which the work is to be done; (3) a description of use or occupancy of the land and existing or proposed building; (4) a brief description of the proposed work; (5) estimated value of the proposed work; and (6) a statement that the work shall be performed in compliance with the Uniform Code and applic- able state and local laws, ordinances and regulations. (c) A duplicate set of plans, drawings and specificat- ions (except for demolition or removal of a building) shall accompany such application, together with a statement by a registered architect or licensed professional engineer of this state that such plans and specifications comply with the applicable provisions of the Uniform Code and local requirements, unless any such requirements are iraived by the Town Board for good cause shown. SECTION 3. Fees. Fees for permits shall be established by resolution of the Town Board. SECTION 4. Building Inspections. F 0 0 1 0 is Wednesday, February 6, 1985 Page, 0 1 C7 E 1 (a) The progress of work for which a permit has been issued shall be inspected at such times and intervals as may be necessary and appropriate to determine whether the work is being performed in compliance with the Uniform Code and applicable regulations. Such inspection shall be carried out prior to enclosing or covering of the particular portion or phase of building construction, including but not limited to excavation, foundation, superstructure, elect- rical, plumbing, heating and air conditioning. (b) The inspection shall be made by the enforcement official or other designated person or firm. (c) It shall be the duty and responsibility of the owner or authorized agent to inform the enforcement official or other designated person or firm that the work is ready for each phase of inspection. SECTION 5. Certificate of Occupancy. (a) A building or structure for which a permit has been issued shall not be used or occupied in whole or in Part until a certificate of occupancy shall have been issued by the enforcement official or other designated person or firm. Such certificate of occupancy shall be issued when after final inspection it is determined that the construction and other work has been completed in compliance with the Uniform Code and other applicable laws, rules and regulations. (b) A temporary certificate of occupancy may be issued pending final completion of the work provided the use or occupancy of the building shall not present a danger to any person or property. (c) A certificate of occupancy may be issued for any building or individual dwelling unit at any other time after inspection thereof by request, determination of compliance and payment of the prescribed fees. SECTION 6. Fire Prevention and Safety Inspection. (a) All dwelling units in a building consisting of more ® than two such units, shall be inspected for the purpose of determining compliance with safety requirements of the Uniform Code in accordance with the requirements of the Uniform Code and applicable regulations and at such frequency as may be established by resolution of the Town Board. Inspection of the common areas of such building such as halls, foyers, staircases, etc. shall be so inspected at such frequency as established by the code, regulations and resolution. Fees for such inspection may be established by Town Board resolution. 12;7 Wednesday, February 6, 1985 Page 11 :'t:1 (b) An inspection of building or duelling unit shall be performed at any other time upon (1) request of owner or authorized agent, (2) receipt of a written statement specify- ing ground upon which the subscriber believes a violation of the Uniform Code exists or (3) other reasonable and reliable information that such violation exists. SECTION 7. Annual Reports. The enforcement official shall annually submit a report to the town board on or before such date and containing such information as the town board shall prescribe by resolution, including but.not limited to the number and category of inspections conducted during the town's preceding fiscal year, the number of violations and abatement thereof, the number and type of permits issued, and recommendations for improving the administration and enforcement of the Uniform Code. SECTION 8. .Variance and Review. A request for a variance from the Uniform Code and an appeal to review determination of or failure to render a determination by the enforcement official shall be processed with the appropriate board of review as provided in 19NYCRR 440. SECTION 9. Remedies and Penalties. In addition to the remedies prescribed by Executive Law, Sec. 382, any person, corporation, association, firm or partnership that fails -to remedy the condition found to exist in violation of the Uniform Code and this local law shall be subject to a fine of not more than $ 500.00 or imprisonment for a period not exceeding 15 days or to both such fine and imprisonment. Each violation that continues to exist beyond the date fixed in the order of the enforce- ment official to remedy the violation each day shall be deemed a separate offense. SECTION 10. A permit for installation of a solid fuel burning heating appliance, chimney and flue in any dwelling unit shall be obtained as provided in Section 2 of this local law. If the enforcement official, after inspection, determines that the installation is in compliance with the Uniform Code, he shall issue a certificate of compliance on a form to be prescribed by resolution of the town board. A violation of this section and of subdivision 5 of Section 378 of the Executive Law shall be punishable as provided in such subdivision 5.. SECTION 11. This local law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 1 C. 1 0 • 1 '3 1 C7 P 1 Wednesday, July 10, 1985 Page 88 of The 1985 Minute Book Page 31 RESOLUTION # 136 ADOPTION OF LOCAL LAW NO. 2 FOR 1935 - PROVIDING FOR WRITTEN NOTIFICATION OF DEFECTS AND OBSTRUCTIONS ON TOWN HIGHWAYS AND SIDEWALKS IN THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT ENACTED by the Town Board of the Town of Cortlandville as follows: SECTION 1. No civil action shall be maintained against any town or town superintendent of highways for damages or injuries to person or property sustained by reason of any highway, bridge or culvert being defective, out of repair, unsafe, dangerous or obstructed unless written notice of such defective, unsafe, dangerous or obstructed condition of such highway, bridge or culvert was actually given to the town clerk or town superintendent of highways, and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect, danger or obstruction complained of; but no such action shall be maintained for damages or injuries to person or property sustained solely in consequence of the existence of snow or ice upon any highway, bridge or culvert, unless written notice thereof, specifying the particular place, was actually given to the town clerk or town superintendent of highways and there was a failure or neglect to cause such snow or ice to be removed, or to make the place otherwise reasonably safe within a reasonable time after receipt of such notice. SECTION 2. The Town superintendent of highways shall transmit in writing to the Town Clerk within five days after the receipt thereof all written notices received by him pursuant to this Local Law and Subdivision 2 of Section 65-a of the Town Law. The Town Clerk shall cause all written notices received by him or her pursuant to this local law and subdivision 2 of section 65-a of the Town Law, to be presented to the Town Board within five days of the receipt thereof or at the next succeeding town board meeting, whichever shall be sooner. SECTION 3. This local law shall supersede in its application to the Town of Cortlandville subdivisions 1 and 3 of Section 65-a of the Tonn Law. SECTION 4. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with the provisions of Section 27 of the Municipal Home Rule Law. page 32 1 11 1 Ell i Wednesday, August 7, 1985 Page 95 of the 1985 Minute Book RESOLUTION #143 ADOPT LOCAL LAW NO. 3 OF 1985 - PROVIDING FOR THE APPOINTMENT OF INSTEAD OF ELECTION OF THE SUP'T OF HIGHWAYS OF THE TOWN OF C'VILLE Motion by Councilman Thorpe Seconded by Councilman Manning ROLL CALL VOTE: Supervisor Nadolski AYE Councilman Manning AYE Councilman Pierce AYE Councilman Thorpe AYE Councilman O'Donnell AYE ADOPTED BE IT ENACTED by the Town Board of the Town of Cortland- ville as follows: SECTION 1. The elective office of Superintendent of Highways of the Town of Cortlandville is hereby abolished and a Superintendent of Highways for the Town of Cortland- ville shall hereafter be appointed by the Cortlandville Town Board. SECTION 2. This local law shall supersede in its application to the Town of Cortlandville paragraph (b) of subdivision one of Section Twenty of the Town Law with respect to the mode of selection of the Superintendent of Highways in the Town of Cortlandville. Section 3. This local law shall take effect immediately upon filing with the Secretary of State and after approval by a majority of the electors voting thereon in accordance with the requirements of Section Twenty-three of the Municipal Home Rule Law. WAS NOT VOTER APPROVED WAS NOT ADOPTED. Page 33 1q 4, Wednesday, February 19, 1986 Page 181 of the 1986 Minute Book RESOLUTION #63 AUTHORIZATION TO ADOPT LOCAL LAW NO. I FOR THE YEAR 1986-NEW ZONING LAW AND MAP Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS two public informational meetings were held, one at the Cortlandville Town Hall on June 25, 1985, and one at the McGraw Village Office, on July 9, 1985, and copies of the proposed revised zoning ordinance were available at the Town Clerks office, the Cortland Free Library, and the Lamont Memorial Library in McGraw, and WHEREAS, a public hearing was held on September 4, 1985, at the Town Hall, concerning the revised zoning law for the Town of Cortlandville, and WHEREAS, a public hearing was held on February 19, 1986, at the Town Hall, pursuant to Town Law Section 264, concerning proposed Local Law No. 1 for the year 1986, providing for a new zoning law, therefore BE IT ENACTED by the Town Board of the Town of Cortland- ville the adoption of Local Law No. 1 of 1986 - Zoning Law for the Town of Cortlandville. 1 E *1 1 qI j TABLE OF CONTENTS ZONING LAW OF THE TOWN OF CORTLANDVILLE effective FEBRUARY , 1986 PAGE ARTICLE I - GENERAL PROVISIONS `1.1 Short Title 1 -1.2 Definitions 1 ARTICLE II - ESTABLISHMENT OF ZONING DISTRICTS -2.1 Establishment of Zoning Districts 16 -2.2 Zoning Map 16 -2.3 Interpretation of District Boundaries 16 2.4 Lots in Two Districts 17 -2.5 Application of Zoning Regulations 17 -2.6 Uniformity 17. r2.7 Limited Exemptions for Filed Subdivisions 17 "2.'8 Health Department Regulations 18 ARTICLE III - AGRICULTURAL DISTRICTS -3.1 Statement of Intent 19 3.2 Permitted Agricultural Uses 19 `3.3 Permitted Residential Non -farm Uses 19 -3.4 Permitted Uses Subject to Site Plan Approval 19 -3.5 Uses Subject to Conditional Permit 20 `3.6 Bulk Regulations 20a ARTICLE IV - RESIDENTIAL R-1 DISTRICT -4.1 Statement of Intent 21 4.2 Permitted Structures and Uses 21 -4.3 Permitted Uses Subject to Site Plan Approval 21 4.4 Uses Subject to Conditional Permit 22 `4.5 Bulk Regulations 22a ARTICLE V - RESIDENTIAL R-2 DISTRICT `5.1 Statement of Intent 23 5.2 Permitted Structures and Uses 23 `5.3 Permitted Uses Subject to Site Plan Approval 23 5.4 Uses Subject to Conditional Permit 23 -5.5 Bulk Regulations 24a ARTICLE VI - RESIDENTIAL R-3 DISTRICT `6.1 Statement of Intent 2`) `6.2 Permitted Structures and Uses 25 `6.3 Permitted Uses Subject to Site Plan Approval 25 `6.4 Uses Subject to Conditional Permit 26 `6.5 Bulk Regulations 26a ARTICLE VII - BUSINESS DISTRICT `7.1 Statement of Intent 27 `7.2 Permitted Structures and Uses 27 `7.3 Permitted Uses Subject to Site Plan Approval 27 `7.4 Uses Subject to Conditional Permit 27 `7.5 Bulk Regulations 28a ARTICLE VIII - INDUSTRIAL DISTRICT `8.1 Statement of Intent 29 `8.2 Permitted Structures and Uses 29 `8.3 Permitted Uses Subject to Site Plan.Approval 29 `8.4 Uses Subject to Conditional Permit 29 `8.5 Prohibited Structures and Uses 30 `8.6 Bulk Regulations 30a ARTICLE IX - PLANNED UNIT DEVELOPMENT `9.1 Statement of Intent 31 `9.2 Permitted Locations 32 `9.3 Regulations 32 `9.4 Permitted Uses 34 `9.5 Procedures 35 `9.6 Review by Town Planning Board 35 `9.7 Review by County Planning Board 36 `9.8 Town Board Review 36 `9.9 Site Plan Review and Subdivision Review 36 `9.10 Construction Permits 37 `9.11 Reversion of Land to Original Designation 37 ARTICLE X - CLUSTER DEVELOPMENT `10.1 Statement of Intent 38 `10.2 General Conditions 38 `10.3 Permitted Uses 39 `10.4 Waivers Permitted 39 `10.5 Types of Construction Permitted 39 ARTICLE XI - SITE PLAN APPROVAL `11.1 General 40 `11.2 Procedure 40 `11.3 Sketch Plan, 41 `11.4 Application for Site Plan Approval 41 `11.5 Planning Board Review of Site Plan 42 I ARTICLE XII - CONDITIONAL PERMIT -12.1 General -12.2 Procedure -12.3 General Requirements -12.4 Additional Specific Requirements -12.5 Industrial Facilities ARTICLE XIII - FLOOD DAMAGE PREVENTION -13.1 General `13.2 Statement of Purpose 13.3 Lands to which this Article Applies -13.4 Penalties for Non-compliance -13.5 Warning and Disclaimer of Liability -13.6 Establishment of Development Permit -13.7 Provisions for Flood Hazard Reduction `13.8 Floodways ARTICLE XIV - NON -CONFORMING BUILDINGS, STRUCTURES AND USES -14.1 Statement of Intent -14.2 Authority to Continue -14.3 Repairs and Alterations -14.4 Additions and Enlargements -14.5 Relocation of.Buildings or Structures -14.6 Restoration of Damaged Non -conforming Structure or Use -14.7 Discontinuance of Non -conforming Use 14:8 Expansion of Non -Conforming Uses -14.9 Change of Non -conforming Use ARTICLE XV - SIGNS -15.1 Statement of Intent -15.2 General -15.3 Permitted Signs -15.4 Regulations for Permitted Signs ARTICLE XVI - SUPPLEMENTAL REGULATIONS AND EXCEPTIONS -16.1 Statement of Intent 16.2 Height Regulations of Cortland County Airport -16.3 Quarries, Gravel Mining and Excavations 16.4 Swimming Pools -16.5 Conversion of Existing Single Family to Two-family 16.6 General Exceptions to the Bulk Regulations `16.7 Garage Sales -House sales in Residental Areas -16.8 Temporary Mobile Homes ARTICLE XVII - ADMINISTRATION `17.1 Statement of Intent -17.2 General -17.3 Building Permits 44 44 45 45 48 50 50 51 52 52 52 55 58 59 59 59 59 60 60 . 60 61 61 62 62 63 65a 66 66 67 70 70 71 72 72 73 73 73 lHl -17.4 Certificate of Zoning Compliance 75 17.5 Bonding in Lieu of Completion of Conditions 77 `17.6 State Environmental Quality Review Act 78 ARTICLE XVIII - ZONING BOARD OF APPEALS ' -18.1 Organization 80 18.2 Duties and Powers 80 -18.3 Time Limitation on Application for Permit or Variance 80 `18.4 Procedure 80 `18.5 Notice 81 ARTICLE XIX - GENERAL -19.1 Statement of Intent 82 19.2 Breaches and Penalties 82 -19.3 Relation to Other Laws 82 ,`19.4 Amendments 82 `19.5 Repeal of Prior Local Law 82 19.6 Savings Clause 83 `19.7 Effective Date 83 Article I - General Provisions 1 r_ 12 I i G ARTICLE I GENERAL PROVISIONS -1.1 Short Title ° This Local Law shall be known and may be cited as "The 1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York". `1.2 Definitions 1. General. Except as otherwise indicated in this Section, the words used in this Local Law shall have the meaning commonly attributed to them. Doubts as to the precise meaning of any words used in this Local Law shall be clarified by the Zoning Board of Appeals under its power of interpretation. 2. Rules of Interpretation. For the purpose of this Local Law, certain terms or words herein shall be interpreted or defined as follows: Words used in the present tense include the future tense. The singular includes the plural. The word "person" includes a corporation as well as an individual. The term "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied". 3. Specific Terms. As used in this Local Law, unless the context or subject matter otherwise requires: Abandon means to give up one's right or interest in; to give over or surrender -completely. Accessory building - See Building, Accessory Accessory Use - See Use, Accessory 1 11 MArticle I - General Provisions, Active Solar End System means a solar energy system that requires external mechanical power to move the collected energy. Alteration means as applied to a building or structure: 1. Enlargement, by increasing in height or by extending on a side, front, or back; 2. Moving from one location to another; 3. Any change, addition, or removal of the structural parts; or 4. Any change, addition, or removal of partitions, or any change in walls, ceiling, windows, or doors. Altitude means the angular distance from the horizon to the sun. Amusement Center means any indoor place or enclosure in which is maintained or operated for the amusement, patronage or recreation of the public, any amusement device of any description, and particularly, but not by way of limitation, the type commonly known as bagettelle, baseball, football and pinball amusement games. An amusement center may incude an indoor commercial rifle range. Animal Harboring means the keeping of five (5) or more cats; or any number of dogs, horses, cattle, pigeons, fowl, rabbits, sheep, goats, pigs, or other customary farm animals; or bee hives; or animals customarily kept in zoos; or the keeping of any animals for sale or hire, except for the sale of animals in commercial pet shops. Animal Hospital means an establishment for the temporary occupation by sick or injured animals for the purpose of medical treatment. Apartment house means a multi -family dwelling. See dwell- ing unit, multi -family. Appeal means any request submitted to the Zoning Board of Appeals for interpretation of this Local Law, for decision on alleged grievances resulting from enforcement of this Local Law, for a Variance or for a Permit. Area, Building means the area taken on a horizontal plane at the grade level of the principal building or accessory building exclusive of uncovered porches, terraces and steps. Area of special flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. 2 e Article I - General Provisions Base Flood means the flood having a one percent chance of being equalled or exceeded in any given year. Boarding house means any dwelling in which three (3) or more persons are housed or lodged for hire with or without meals and without private cooking facilities. A rooming house or a lodging house shall be deemed a boarding house. Buffer strip means a row of densely planted shrubs and/or trees at least five (5) feet wide with low branches intended to reduce noise and/or screen out objectionable views. Building means any structure where space is covered or en- closed, but excluding campers or camping trailers. Building, Accessory means a subordinate structure clearly incidental to the principal building on the same lot and used for purposes customarily incidental to those of the principal building such as a tool shed, gazebo, screen house, storage, or animal she and which does not exceed 200 square feet in area nor 12 feet in height. Garages, carports, barns, and other structures exceeding these limits are considered principal buildings. Building height means the distance from the mean natural grade at the foundation to the highest point of the roof. Building line means a line formed by the intersection of a horizontal plane of average grade level and a vertical plane that coincides with the exterior surface of the building on any side, excluding steps. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface. All yard measurements are measured to the building line. Building, Principal means a building or buildings within which is conducted the primary and associated activities of the lot on which the building is located. Garages, carports, barns and the like are principal buildings if they exceed 200 square feet in area or 12 feet in height. Bulk Regulations means those regulations which refer to dimensional or numerical requirements in the Zoning Local Law, such as, but not limited to lot size, lot width and depth, yard dimensions, floor area ratio, percentage of lot coverage, percentage of impervious material, building height and number of parking spaces, density, and supplemental regulations which refer to dimensional or numerical requirements. 3 11 �5� Article I - General Provisions Camper means any construction used or arranged for temporary living or sleeping purposes designed to be mounted, attached or built into a vehicle. Camping trailer means any vehicle used or arranged for temporary living or sleeping purposes, designed to be mounted on wheels and drawn by a power -driven vehicle. Carport means a roofed structure without walls which is used for the storage of one or more automobiles. Certificate of Zoning Compliance An official statement by the Zoning Officer which indicates that a structure or use complies with this Local Law or any conditions imposed by the Town or any Board thereof. (see -17.4) Church means any structure used for worship or religious instruction including administrative rooms accessory there- to. Club means any premises or building catering exclusively to members of an organization and their guests, not operated for profit and containing no merchandising or commercial activities except as required for the membership and purposes of such club. Cluster Housing Area means development of residential buildings on lots which are smaller than permitted by the regulations of this law, where the density of development is no greater than would otherwise be permitted by conventional lot regulations; and where residual land produced by the smaller lot size is used for recreation and open space purposes whether under public or private owner- ship or control. Conditional Permit means a permit issued by the Town Planning Board in accordance with Article XII. Corner Lot see Lot, Corner Court means an open unoccupied space, other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or build- ings. Day Care Center means a•place for the care of three (3) or more children away from their own homes who stay for a period of three (3) or more but less than twenty-four (24) hours during any day irrespective of compensation, reward or otherwise. For the purpose of this Local Law, Day Care Center shall include Family Day Care Centers and Nursery Schools. 4 Article I - General Provisions Development means any man-made change to improved or unim- proved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Dog Kennel means an area or structure used for the board- ing, training, breeding or raising of more than three (3) dogs that are more than six months old. Drive/in and/or Package Food Restaurants means a facility wherein food products, including meals, baked goods, specialty items such as pizza, fried chicken or fish, hamburgers/hotdogs, and similar items are prepared and/or packaged and sold on- premises directly to the consumer for consumption off -premises or within a parking area on the premises, and which facility is designed and/or advertised primarily for such purposes, as distinguished from restaurants designed and utilized primarily for on -premises consumption. Such facilities which also provide interior eating facilities shall still be considered package food or drive-in restaurant. Dwelling means any building, or part thereof, which is designed and used for human habitation, or intended to be so used, and including any appurtenances thereto, but excluding campers or camping trailers. Dwelling Unit means one or more rooms located within a dwelling and providing complete living accommodations for the use or occupation by one family, including cooking and bathroom facilities and an independent entrance. Dwelling Unit - one -Family or Single Family means a detached dwelling containing one dwelling unit only for the use and occupation by no more than one family. Dwelling Unit - Two -Family means a detached dwelling con- taining no more than two dwelling units for the use and occupation by no more than two families. Dwelling Unit - Multi -Family means one or more dwellings on a single lot containing separate dwelling units for the use and occupation by three or more families. Dwelling Unit - Farm means a detached dwelling containing one or more dwelling units and forming an integral part'of a farm operation. Existing Mobile Home Park or Mobile Home Subdivision means a parcel (or contiguous parcels) of.land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, 5 r� 1 s3 Article I -General Provisions the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Local Law. Expansion to an existing mobile home park or mobile home subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or. the construction of streets). Family means an individual, or two or more persons related by blood, marriage or, adoption, occupying a dwelling 'unit and living as a single household. Alternately, for purposes of this Local Law a family may also consist of not more than four (4) unrelated individuals occupying one dwelling unit. Family Day Care Center see Day Care Center. Farm means any parcel of land used primarily for the production of agricultural products, livestock, poultry or dairy; and nursery, greenhouses, or forest products, and including buildings and appurtenances necessary thereto. Fence means a structure designed to separate one portion of land from another. For the purposes of this Local Law, fences shall also include walls, screens or hedges. Filling Station means a building or premises,or portion thereof, used for the.; retail sale of fuel for motor vehicles. Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood Insurance Study means official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary- Floodway Map and,the water surface elevation of the base flood. 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 one foot. Floor Areas Ratio (FAR) means the ratio of the gross floor area of a building to the lot area expressed as a decimal. (For example, a 1000 square foot.building on a 5000 square foot lot would give a FAR of 0.2). 6 1 I f ' Article I - General Provisions Fraternity House means a dwelling used and occupied by a fraternity, composed of college or university students, containing and providing domestic and social facilities and services thereto. (See "BOARDING HOUSE") Frontage means the distance between side lot lines measured at the street right-of-way line. Garage - Commercial means an enclosed building used as a business for the indoor storage or repair of motor vehicles including painting and the sale of parts and accessories. A junk yard or auto salvage yard is not to be construed as a garage. Garage - Private means an enclosed building for use by the inhabitants of a dwelling for private storage. Garage Sale means sale of used goods from a private residence. Gasoline Station means a building servicing motor vehicles and/or supplying fuel, lubrication, supplies or accessories but not including painting or body repair. (See Filling Station) Group Home means a single-family residence used for the provision of health or social care for unrelated persons. Habitable Floor means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof (A floor used only for storage purposes is not a "habitable floor"). Home Occupation means an occupation or profession which is carried on by a person residing in the dwelling unit, and is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes. Home Occupations shall be such things as hairdressing, tailoring, teaching, carpentry, electrical and plumbing work and similar activities, and professional offices such as doctors, lawyers, architects, and real estate brokers. For the purposes of this Local Law, a Home Occupation shall be limited by the following requirements: 1. There shall be no more than one paid employee on premises. 2. There shall be no indication from the exterior that the building is used as other than a dwelling, except as permitted under Article XV, "Signs". 3. The Home Occupation shall encompass no more than one quarter (1/4) of the total floor space of the principal dwelling structure (including basement). 7 [3 15 Article I - General Provisions If an accessory structure is used for this purpose, floor area is limited to 200 square feet. Horticulture means the science or art of growing fruit, flowers, vegetables or ornamental plants. Hospital means a building used for the diagnosis, treat- ment or other care of human ailments, including clinics but not solely for permanent lodging of aged persons. Hotel means a building used primarily to provide sleeping accommodations for the transient public in which rooms are available for hire which may contain accessory facilities such as restaurants, meeting rooms and small retail outlets. Motels, inns, tourist courts, and other transient lodgings are included in this definition. House Sale See Garage Sale. House Trailer see Mobile Home. House Trailer Park see Mobile Home Park. Industrial Facilities means all those operations including but not limited to manufacturing, public utilities, office related to industrial facilities, warehousing, freight and truck terminals; determination of additional uses shall be made by the Planning Board. Junk Yard means a lot or building or part thereof used for collecting, storage, sale, recycling, salvage, or dismant- ling of discarded or unlicensed machinery, vehicles, appliances, paper, scrap, rags, and similar discarded material or for the sale or storage of parts thereof. Landscaping means the act of changing or enhancing the natural features of a plot of ground (usually around a building) so as to make it more attractive, as by grading, adding fill, adding lawns, trees, bushes, shrubs, etc. Lot means a parcel of land occupied or capable of being occupied exclusively by one or more principal buildings and/or uses and the accessory buildings or uses to such buildings or uses and having as a minimum, such area, dimensions and other requirements as specified by this Local Law. Lot Area means an area of land the size of which is deter- mined by the limits of the lines bounding said area and usually expressed in terms of square feet or acres. Lot, Corner means a lot fronting on two streets at their intersection with two required front yards and two required 8 I Article I - General Provisions side yards. No rear yard is required. Lot Coverage means that portion of the lot area within the building lines of principal and accessory structures, uses, and/or utilized for parking. Lot Depth means the average horizontal distance from its front line to its rear lot line, measured in the general direction of its side lot lines from the nearest boundary line or right-of-way line of the street or highway. Lot Line means any line dividing one lot from another. Lot Width means its average width measured at right angles to its depth. Lowest Floor means lowest level (including basement, crawl space, or garage) of the lowest enclosed area. Mobile Home means a portable dwelling unit or vehicle designed to be transported on its own wheels or those of another vehicle and connected to utilities upon being placed, and which is capable of being used for long-term occupancy as living quarters, whether or not set on a masonry foundation, with or without wheels and/or axles removed. This definition of mobile home includes all additions made subsequent to installation and appurtenant structures thereto. This definition does not include modular housing placed on a standard foundation, or to travel trailers not designed for long-term occupancy. Mobile Home Park means a parcel of land which is improved for the placement of two (2) or more mobile homes for non - transient use. (Also House Trailer Park) Motel see Hotel New Construction means structures for which the "start of construction" commenced on or after the effective date of this Local Law. New mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this Local Law. Non -Conforming Lot means a lot existing at the time of enactment of this Local Law or any amendment thereto, and 9 15 � Article I - General Provisions which does not conform to the regulations of the District in which it is situated. Non -Conforming Structure means a structure lawfully exist- ing at the time of enactment of this Local Law or any amend- ment which does not conform to the regulations of this Local Law for the District in which it is situated. Non -Conforming Use means any use of a structure, lot or land, or part thereof, lawfully existing at the time of the enactment of this Local Law or any amendment thereto which does not conform to the use regulations prescribed in this Local Law for the District in which it is situated. Nursing Home means an establishment licensed by New York State which houses and provides nursing care for persons who, by reason of age, infirmity or illness require specialized supervision but not hospital care. Nursery School See Day Care Center. Open Space means land not covered by buildings, parking lots, open storage, mining operations, or any other use that usually obscures the natural or improved landscape, except for recreational facilities. Parking Space means an off-street space available for parking one automobile and which is an area at least ten (10) feet wide and twenty (20) feet long, not including maneuvering area and access drives. Passive Solar Energy System means a solar energy system that uses natural and architectural components to collect and store solar energy without using any external mechanical power. Plan, Building means architectural and engineering drawings showing how a structure is to be constructed. Plan, Site or Plot means a drawing ordinarily to scale depicting existing and proposed physical features of a parcel usually including structures, utilities, and topographical information. Planned Unit Development (PUD) means an area of land on one or more contiguous parcels designed for and built or to be built upon one parcel, providing a street system, water and sewer facilities and used for residential, commercial or industrial purposes or some combination thereof, including provisions for subdivision and sale of parcels in future. Public Sewer and Water Facilities means any sewage disposal system or water supply and distribution system 10 I Px. Article I - General Provisions 1 I authorized for public use, whether for a residential sub- division, or for commercial, industrial or manufacturing buildings, and approved by the State and County Departments of Health, the Department of Environmental Conservation, and any other govenmental agency having jurisdiction thereof. Restaurant means a building or portion -thereof where food and/or beverages, whether or not alcoholic, are sold to the public for comsumption on or off premises. Right-of-way means a non -possessory right or privelege, created by either instrument or usage granting the use` of land to a person or persons not the owner thereof or passage thereon. Roadside Stand means a small structure, booth, stall or facility used for the retail sales of goods to passers by. Rooming House -See BOARDING HOUSE School means a public or private, not -for -profit, elemen- tary or secondary educational institution, or an institution of higher education, Screening means a permanently maintained barrier including, but not limited to fences, -`"bushes, or trees or other natural and/or artificial Material, which is designed to obscure any particular character of any given building or use of land. Set -Back Line means the imaginary line which separates the front yard area from the building area (see diagram at "Yard, Side"). Sign means any d@vice, object, structure, or building facade used for the visual communication or advertisement of a place, building, product, service or name. Shopping Center means a lot occupied by more than one (1) commercial use units, attached or detached, which relate to a common parking area and common points of ingress and egress and common circulation pattern. Sorority House means a dwelling used and occupied by a sorority, composed of college or university students, con- taining and providing domestic and social facilities and services thereto. (See "Boarding House") Stable - Private means an accessory building where horses are kept for private use.and_not for hire, renumeration or sale. 11 Article I - General Provisions Stable - Public or Boarding means a building where horses are kept for hire, renumeration or sale. Start of Construction means the first placement of permanent construction of a structure (other than a mobile home) on'a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does- not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; -nor does it include excavation for --a basement, footings, piers or foundations or the erection of temporary forms; nor, does" it - include installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes, within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed..__ Street Line means.the right-of-way line of the street. Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Structures include, but are not limited to buildings, walls, fences over six (6) feet in height or two (2) feet in width; radio towers and antenna masts over ten (10) feet in length; swimming pools, bill- boards, poster panels, signs and antennae of the satellite receiving type utilizing a reflector whether permanently .mounted or capable of being mounted on a mobile structure. The following shall not be classified as structures for the purposes of this Local Law; fireplace and/or chimneys, flag- poles, and antennae other than those described above. Substantial Improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either: 1. before the improvement or repair, or 2. if the structure has been damaged and was being restored before the damage occured. "Substantial Improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not 12 Article I - General Provisions i• 1 I the alteration affects the external dimensions of the structure. The term does not include: 1. any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or; 2. any alteration of a structure listed on the National Register of Historic Places. Tourist Home means a dwelling, or that part of any dwell- ing, in which overnight accommodations are offered to transient guests for pay but where such use is secondary to the permanent occupancy of the dwelling by a family. A home offering one guest room shall be a single-family dwelling. A home offering two (2) or three (3) guest rooms shall be a Tourist Home. A home offering four (4) or more guest rooms shall be a Boarding House. Trade School means an institution of learning maintained by private individuals, corporations or cooperatives for instruction of trade, skill or craft for a fee. Trailer, House See Mobile Home Use means the specific purpose for which any land or building is designed, arranged, intended or -for which it is or may be occupied or maintained. 1. Use, Accessory - A use customarily incidental and subordinate to the principal use of the site and located on the same lot with such principal use or building. This shall include but not be limited to private garage, tool shed, carport,and pool house. 2. Use, Principal - Primary purpose or function carried out on a site, structure, buildings or space in use. Variance means an authorization granted to exempt a particular action from the strict letter of the Zoning Local Law. 1. Bulk Variance - an authorization by the Zoning Board of Appeals for the construction or maintenance or modification of a building or structure in violation of the bulk requirements of the Zoning Local Law. 2. Use Variance - an authorization by the Zoning Board of Appeals for the establishment or maintenance or modification of a use of a building, structure or land which is prohibited by the Zoning Local Law. 13 ICI Article I - General Provisions Yard means an open space other than a court on a lot, unoccupied and unobstructed from the ground upwards, exept as otherwise permitted. (See illustration next page.) Yard, Front means the ground space on a lot between the street right-of-way line and the nearest point of the principal building or use, extending to the side boundaries of the lot and in Residential Districts, unoccupied except for fences and/or other decorative or landscaping uses. Yard, Rear means the ground space on a lot betweeen the the of the principal rear line of the lot and nearest point building or use and extending to the side boundaries of the lot. Yard, Side means the ground space on a lot between the side line of the lot and nearest point of the principal building or use, extending from the rear line of the front yard to the front line of the rear yard and unoccupied adjacent to such side line to the width required for side yards in the District except for permitted uses. 14 l I�z I � 11 Article I - General Provisions TYPICAL CORNER LOT SIDE YARD AREA - - W I� I< W I � I> I BUILDABLE AREA Q 3 � I p Ix in O z O< m FRONT YARD AREA m ROAD ROW v I TYPICAL INTERIOR LOT SIDE YARD AREA 1 W i I 1K p I BUILDABLE AREA I < Ir > o z i w < O 0 I L�_--__------� ISIDE YARD AREA 15 Article II - Establishment -of Zoning Districts ARTICLE II ESTABLISHMENT OF ZONING DISTRICTS `2.1 Establishment of Zoning Districts For the purpose of promoting the health, safety, morals and the general welfare of the community, the Town of Cortlandville outside of the Villages of McGraw and Homer and the City of Cortland is hereby divided into Zoning Districts as follows: 1. Agricultural District 2. Residential "R-l" District 3. Residential "R-2" District 4. Residential "R-3" District 5. Business District 6. Industrial District -2.2 Zoning Map The boundaries of the Districts are established as shown on the map entitled "Zoning Map of the Town of \,4�ortlandville" and called the "Zoning Map" in this Local Law.---,,. The Zoning Map, including any explanatory material on it, `A.s made a part of this Local Law. The Town Clerk shall cert_,fy the Zoning Map as part of this Local Law and keep it on file in the office. Any changes in district boundaries or other matter shown on the Zoning Map shall be made on the The Local Law making the change shall provide for its entry �..1 upon the Zoning Map. \� `2.3 Interpretation of District Boundaries If there is uncertainty of the exact boundaries of Districts as shown on the Zoning Map,. certain rules shall apply as follows: 1. Boundaries shown as approximately following a street or highway shall be construed to follow the nearest boundary line or right-of-way line of the street or highway. 2. Boundaries shown as approximately following platted lot lines shall be construed to follow such lot lines. 3. Boundaries shown as following shore lines of streams, lakes, and reservoirs shall be construed to follow such shore lines and.to move with changes in the actual shore lines. 4. Boundaries indicated as parallel to, or extensions of, features indicated in Subdivisions 1 through 3 of this Section shall be construed to be parallel to, or extensions of, such features. 16 Article II - Establishment of Zoning Districts 1 69` 5. Distances not specifically set forth on the Zoning Map shall be determined by the scale of the map. `2.4 Lots in Two Districts Where a District boundary line divides a preexisting lot in single or joint ownership of record at the time such line is adopted, the regulations applying to the major portion of the lot shall apply to the whole lot and in the case where a lot is divided exactly in half by the district line, the regulations of the more restrictive District shall apply to the whole lot. However, if the back of such a lot fronts on a residential street, and the effect is to extend a commercial or industrial use onto the residential street, the above provisions shall not apply and each portion of the lot shall conform to its respective District. -2.5 Application of Zoning Regulations 1. No structure or land shall hereafter be used, occupied, or changed in use and no structure shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations for the District in which it is located. 2. No part of a yard, open space, parking space or loading space required for any structure under this Local Law, shall be included as part of a yard, open space, parking space, or loading space similarly required for another structure. 3. No yard, lot or parking space now existing shall be reduced in size below the minimum requirements of this Local Law. Yards or lots created after the effective date of this Local Law shall meet its minimum require- ments. -2.6 Uniformity Within each District, the regulations established by this Local Law shall be minimum regulations and shall be applied uniformly to each class or kind of structure or land. -2.7 Limited Exemption for.Filed Subdivisions 1. If the plat of a residential subdivision containing one or more new streets has been duly filed in the Cortland County Clerk's Office prior to the effective date of this Local Law, the lots of the subdivision may be developed in accordance with the lots and yards delineated 'on the plat, and any provision of this Local Law requiring larger lots or yards shall not apply 17 11 Article II - Establishment of Zoning Districts to the subdivisions for a period of three years from the date of such filing. 2. The provisions of paragraph 1 of this Section shall apply relative to any amendment of this Local Law. -2.8 Health Department Regulations Until such time as water and sewer facilities are installed, the Cortland County Health Department Regulations shall take precedence over the less restrictive provisions of this Local Law. 18 I Article III - Agricultural Districts I ARTICLE III AGRICULTURAL DISTRICTS -3.1 Statement of Intent The purpose of this District is to provide areas within the town to be used primarily for the raising or producing of agricultural products. -3.2 Permitted Agricultural Uses 1. Farms and customary farm dwellings and other structures and farm uses including but not limited to: food crops; pasture land; horticulture; forestry; dairy and beef cattle; sheep; pigs; horses; goats; fowl; and accessory storage and equipment necessary to the permitted structures and uses. 2. Temporary roadside stands as an accessory use for the sale of farm products on the property where produced. 3. A mobile home as an accessory farm use, subject to the following:. a. It shall be located on a lot with minimum yard dimensions in accordance with the Bulk Regulations, 3.6. The lot need not be surveyed but shall be clearly shown on a site plan, including water supply and sewerage. b. In addition, such other requirements as may be adopted for mobile homes in the Town shall also apply. 4. Customary home occupations are permitted as an accessory use. . -3.3 Permitted Residential Non -Farm Uses 1. Single family dwellings, in accordance with -3.6. -3.4 Permitted Uses Subject to Site Plan Approval 1. Mobile Homes, non -farm -related, in accordance with -3.6. 2. Two-family dwellings 3. Agricultural area related uses: a. Riding academies and boarding stables. b. Agricultural implement sales and service. C. Wholesale dairy product processing. 19 Article III - Agricultural Districts d. Agricultural supplier and distribution. e. Sawmilling. 4. Religious institutions: a. Churches, chapels, temples and synagogues and related uses. b. Cemeteries. `3.5 Uses Subject to Conditional Permit 1. Educational and cultural institutions: a. Public and private schools for any age group. b. Libraries. C. Museums, historical society. 2. Recreational and social activities: a. Public and. private clubs. b. Golf courses, (but not miniature golf). c. Parks, playgrounds, and campgrounds. 3. Boarding Houses and Tourist Homes 4. Health, medical and care services: a. Hospitals and clinics. b. Nursing homes. c. Day care centers. 5. Transportation and utility uses: a. Private air landing fields and customary accessory uses. b. Public utility substations. c. Railroad facilities. d. New utility poles, lines and facilities. e. Communication towers. 20 n 0 0 AGRICULTURAL DISTRICT `3.6 BULK REGULATIONSI LOT LOT FRONT REAR SIDE LOT PARKING SIZE WIDTH YARD YARD YARD COVERAGE HEIGHT2 REQUIREMENTS3 1. Permitted Uses: a. Agricultural 5AC 300 F 75 F 100 F 100 F 20% 1 per dwelling . b. Residential non -farm 1AC 150 F 60 F 40 F 12/32 F 20% 1 per dwelling 2. Permitted Uses, Subject to Site Plan Approval: , a. Mobile Homes 1AC 150 F 60 F 40 F 12/32 F 20% 1 per dwelling b. 2 Family Dwellings' per dwelling unit, same as residential non -farm 1 per dwelling C. Agricultural Area - Related 5AC 300 F 75 F 100 F 100 F 20% 1 per each 250 SF of gross floor area d. Religious 3AC 300 F 75 F 100 F 100 F 20% 1 for each 4 institutions seats 4 3. Subject to Conditional Permit a. Educational and 5AC 300 F 75 F 75 F 50 F 20% 1 for each 250 cultural institutions SF of gross floor area b. Recreational 3 AC 300 F 75 F 100 F 100 F 20% as required by and social activities Planning Board C. Boarding Houses 1 AC 150 F 60 F 40 F 12/32 F 20% as required by Planning Board d. Health, medical and 2 AC 250 F 75 F 100 F 75 F 20% 1 for each 200 care facilities SF of gross floor area e. Transportation and As required by the Town Planning Board As required by Planning board utility uses 1 SF = Square feet % = Percent; ea = Each; AC = Acres; F = Feet -16.2 2. Height limitations of Cortland County Airport supercede listed maximums, see be excluded from 3. Required parking areas may not infringe on any required yard but shall computation of lot 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. These figures be are provided as guidelines only for the assistance of individual applicants and are not to considered a statement of either minimum or maximum requirements. 20a Article IV - Residential R-1 District ARTICLE IV RESIDENTIAL R-1 DISTRICT -4.1 Statement of Intent The purpose of this District is to provide areas within the Town to be used primarily for low density, single family dwellings. `4.2 Permitted Structures and Uses 1. Residential Uses a. Single family dwellings. 2. Accessory residential uses including: a. Private garages. b. Storage sheds, dog houses, tree houses, etc. c. Attached and detached solar collectors. d. Swimming pools - private. e. Wind mills, tv antennas, radio antennas, f. Gardens "4.3 Permitted Uses Subject to Site Plan Approval 1. Residential: a. Two-family dwellings b. Customary home occupations not listed in -4.4 (1) 2. Agriculture related uses: a. Farm uses including but not limited to: forestry, dairy and beef cattle, sheep, pigs, horses, goats, and fowl. b. Farm dwellings.' c. Barns and farm accessory buildings. d. Temporary roadside stands, for the sale of goods produced on site. 3. Religious institutions: a. Churches, chapels, temples, synagogues, and related uses. b. Cemeteries. -4.4 Uses Subject to Conditional Permit 1. Customary home occupations limited to: a. Professional offices of doctors, attorneys, dentists, accountants, architects, engineers, insurance agents, and real estate brokers. b. Studios or offices for teachers, with not more than two (2) student simultaneously. 21 11 Article IV - Residential R-1 District c. Studios for artists, photographers, and writers. d. Home workshops. e. Service establishments of hairdressers, barbers and tailors. f. No permitted home occupation shall have more than one assistant, secretary, co-worker or personnel other than the principal or owner. 2. Educational institutions: a. Public and private schools for any age group. b. Libraries. 3. Recreational and social activities: a. Public and private clubs (non-profit). b. Golf courses (but not miniature golf). c. Parks, playgrounds and campgrounds (non-profit). 4. Boarding Houses and Tourist Homes. 5. Health, medical and care services: a. Hospitals and clinics. b. Nursing homes. c. Day care centers. d., Group homes. 6. Transportation and utility uses: a. Private air landing fields and customary accessory uses. b. Public utility substations. C. Railroad facilities. d. New utility poles, lines, and facilities. e. Communication towers 22 RESIDENTIAL R-1 DISTRICT - -4.5 BULK REGULATIONSI MINIMUM MAXIMUM USE LOT LOT FRONT SIDE YARD REAR LOT PARKING SIZE WIDTH YARD 1 SIDE TOTAL YARD COVERAGE HEIGHT2 REQUIREMENTS3 1. Permitted Uses: a. Residential 30,000 SF 100 F 50 F 12 F 32 F 40 F 20% 30 F 1 per dwelling 1. Accessory Uses N/A N/A 50 F 9 F 32 F 10 F 5% 15 F 0 2. Permitted Uses Subject to Site Plan Approval a. Residential 1. Two-family Dwellings 30,000 SF 100 F 50 F 12 F 32 F 40 F 20% 30 F 1 per dwelling 2. Home Occupations (other than -4.4) N/A N/A 50 F 12 F 32 F 49 F N/A 20 F 1/ea 250 SFgfa b. Agriculture related uses 5 AC 300 F 75 F 75 F 200 F 75 F 10$ 30 F 1/ea 250 SFgfa c. Religious institutions 3 AC 300 F 75 F 100 F 200 F 100 F 20% 30 F 1/ea 4 seats 4 3. Uses Subject to Conditional Permits a. Home Occupations N/A N/A 50 F 12 F 32 F 40 F N/A 20 F 1/ea 250 SF b. Educational and cultural institutions 5 AC 300 F 75 F 50 F 100 F 50 F 20% 30 F 1/ea 200 SF gfa c. Recreational and social activities 3 AC 200 F 50 F 25 F 75 F 50 F 20% 30 F as required by Planning Board d. Boarding Houses 30,000SF 100 F 50 F 12F 32 F 40 F 20$ 30 F as required by Planning Board e. Health, Medical and facilities 2 AC 250 F 75 F 50 F 100 F 100 F 20$ 30 F 1/ea 200 SF gfa care f. Transportation and utility uses As required by Planning Board 1 SF = Square Feet % = Percent ea = Each AC = Acres DU = Dwelling Unit gfa = Gross.floor area F = Feet N/A = Not applicable 2 Height limitations of the Cortland County Airport supercede listed maximums, see -16.2 3 Required parking areas may not infringe on any required yard but shall be excluded from computation of lot 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. 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. 22a 1 Article V-Residential R-2 District ARTICLE V RESIDENTIAL R-2 DISTRICT -5.1 Statement of Intent The purpose of this District is to provide areas within the Town to be used primarily for low density, single family dwellings where municipal sewer and water facilities are available and medium density dwellings where such facilities exist. -5.2 Permitted Structures.and Uses 1. Residential a. Single family dwellings. 2. Accessory residential uses a. Private garages. b. Storage sheds, dog houses, tree houses, etc. c. Attached and detached solar collectors. d. Swimming pools - private e. Wind mills, tv antennas, radio antennas. f. Gardens. `5.3 Permitted Uses Subject to Site Plan Approval 1. Residential: a. Two-family dwellings 2. Religious institutions: a. Churches, chapels, temples, synagogues and related uses. 5.4 Uses Subject to Conditional Permit 1. Customary home occupations limited to: a. Professional offices of doctors, attorneys, dentists, accountants, architects, engineers, insurance agents and real estate brokers. b. Studios or offices for teachers, with not more than two (2) students simultaneously. c. Studios for artists, photographers and writers. d. Home work shops. e. Service establishments of hairdressers, barbers and tailors. f. No home occupation shall have more than one assistant, secretary, co-worker or personnel other than the principal or owner. 2. Educational institutions: a. Public and private schools for all age groups. b. Libraries. 23 113 Article V-Residential R-2 District 3. Recreational and social activities. a. Public and private clubs (non-profit). b. Parks and playgrounds. 4. Boarding Houses and Tourist Homes. 5. Health, medical, and care services: a. Hospitals and clinics. b. Nursing homes under 20 patients. c. Day care'centers. d. Group homes. 6. Transportation and utility uses: a. Public utility substations. b. Utility poles, lines, and facilities. c. Communications antennas. 24 I P� V w �1 M RESIDENTIAL R-2 DISTRICT 5.5 BULK REGULATIONSI MINIMUM MAXIMUM USE LOT LOT FRONT SIDE YARD TOTAL REAR LOT YARD COVERAGE PARKING HEIGHT2 REpUIREMENTS] SIZE WIDTH YARD SIDE I. Permitted Uses, a. Residential Wngle) 1. Sewer and water available 9,6003F e0 ! 35 F 9 F 25 IF 40 ! 251 30 P 1/DU 2. Sewer or water available 20,000SF 100 P 35 ! 9 ! 25 P 40 ! 251 30 F 1 DU 3. No sewer or water available 308000SP 100 F 35 F 9 ! 25 ! 40 F 25% S1 30 F 1 DU 0 1/DU b. Accessory Uses N/A N/A 35 F 6 P 25 F 10 ! 2. Permitted Uses Subject to Site Flan Approval a. Residential 1. Two-family 20,0008! 100 F 35 ! 9 ! 25 P 40 ! 250 30 ! 1.5/DU dwellings (sewer i water available) 9 25 ! 40 F 251 30 F 1.5/DU 2. Two-family 35,0009F 100 F 35 ! F dwellings (sower i water not available) SF gfa C. Religious 3 AC 300 ! 50 F 100 ! 200 ! 100 ! 20% SO ! l/ea. 4 seats Institutions 8 3. Uses Subject to Conditional Permit a. Home Occupations -5.4 N/A N/A 33 IF ! 25 ! 40 ! N/A 30 F 1/oa. 250 per b. Educational S AC 300 ! 75 ! 50 ! 100 ! 50 F 20% 30 F 1/ca. 2500 Sr gfa Institutions c. Recreational 3 AC 200 ! SO F 23 ! 75 ! SO ! 201 30 F as required puplanning i social activities ., Board d. Hoarding 20,000SF 100 P 35 F 9 ! 25 F 40 F 250 30 ! an reby quired ilanning Houses _ _ Board 2 AC 200 ! 50 ! 25 ! 75 P 75 ! 20% 2250 SF 30 F 1/ea.gfa e. Health medical i care facilities f. Transportation As required by Planning Board and utility uses SF - Square Feet 1 - Percent an - DU . dwelling unit gfa - Each Gross floor area AC - Acres F s Feet N/A - Not applicable 2 Height limitations of Cortland County Airport supersede listed maximums, see-16.2. 3 Required parking areas may not infringe on any required yard but shall be excluded from computation o lot coverage. - -•- --- 4 reviewing applications for approval of conditional premit, the Planning Hoard, in determing whether the applicable the facts and circumstances of In criteria have been satisfied shall consider each application on its own meri[e, conaldering dmaximumorequiermentefor theeaeistence of individual applicants and are are of eitheriminimum orded as ochtapplicatioderedTaestatementa o be 24a Article VI -Residential R-3 District ARTICLE VI RESIDENTIAL R-3 DISTRICT -6.1 Statement of Intent The purpose of this District is to provide areas within the "Gown primarily intended for medium to high density residential development where both public waterandsewer are available. -6.2 Permitted Structures and Uses 1. Residential: a. Single family dwelling. b. Two family dwelling. c. Multiple dwelling; up to four (4) dwelling units in a single structure. 2. Accessory Residential uses: a. Private garages. b. Storage sheds, dog houses, tree houses, etc. c. Attached and detached solar collectors.. d. Swimming pools, private. e. Wind mills, tv antennas. f. Gardens. `6.3 Permitted Uses Subject to Site Plan Approval 1. Residential: a. Multiple dwellings exceeding four (4) dwelling units. 2. Religious Institutions: a. Churches, chapels, temples, synagogues and related uses. -6.4 Uses Subject to Conditional Permit 1. Customary home occupations limited to: (1) Professional offices of doctors, attorneys, dentists, accountants, architects, engineers, insurance agents and real estate brokers. (2) Studios or offices for teachers, with not more than two ('2)students simultaneously. (3) Studios for artists, photographers and writers. (4) Home work shops. (5) Service establishments of hairdressers, barber and tailors. 25 i Article VI -Residential R-3 District (6) No home occupation shall have more than one assistant, secretary, co-worker or personnel other than the principal or owner. 2. Educational institutions: a. Schools- public and private; all age groups. b. Libraries. 3. Recreational and social activities: a. Public and private clubs (non-profit). b. Parks and playgrounds. c. Public swimming pools. 4. Boarding Houses and Tourist Homes. 5. Health, medical, and care services: a. Hospitals. b. Clinics. C. Child day care centers. d. Nursing homes. e. Group homes f. Mortuaries. 6. Transportation and utility uses: a. Public utility substations. b. Utility lines, poles, and facilities. 'c. Communications antennas. 26 I RESIDENTIAL R-3 DISTRICT -6.5 BULK REGULATIONSI MINIMUM MAXIMUM USE LOT LOT FRONT SIDE YARD REAR LOT SIZE WIDTH YARD SIDE TOTAL YARD COVERAGE PARKING HEIGHT2 REQUIREMENTS4 1. Permitted Uses: a. Residential 1. Single family 7,800 SF 65 F 35 F 8 F 20 F 30 F 258 30 F 1/DU 2. Two family 9,000 SF 100 F 35 F 9 F 28 F . 30 F 258 30 F 1/DU 3. Multiple dwellings not exceeding 4 DU 6,000 SF 100F 35 F 7 F 12 F 30 F 258 none 1/DU + 3,000/DU +1/DU + 8/DU See3 b. Accessory Uses N/A N/A 35 F 6 F 12 F 10 F 58 20 F + 8/DU 2. Permitted Uses Subject to Site Plan Approval -s 5 a. Residential fD a 1. Multiple dwellings exceeding 4 DU 1AC 200 F 35 F 20 F 50 F 50 F 208 none or 6,000 SF+ or or 3,000 SF/DU 8F+lF/DU 12F+8F/DU b. Religious 3 AC 300 F 50 F 100 F 200 F 100 F 20% 50 F Institutions w 5 a 3. Uses Subject to Conditional Permit c a. Customary Home Occupations As required by Planning Board 50 100 F 50 F 20% 30 F b Educational 5 AC 300 F 75 F F 200 F 50 F 25 F 75 F 50 F 20% 30 F c. Recreational 3 AC & social d. Boarding Houses 9,000SF 100 F 35 F 9 F 28 F 30 F 258 75 F 20% 30 F 30 F e. Health, 2 AC 200 F 50 F 25 F 75 F , medical & care services f. Transportation As required by Planning Board and utility uses 11SF = Square Feet AC = Acres F = Feet DU = dwelling unit N/A = Not applicable 8 = Percent 2 . Height limitations of Cortland County Airport supercede listed maximums, see -16.2 3 For each foot of height the structure exceeds thirty feet, the side yard shall be increased by one (1) foot and the front interfere with solar access to neighboring properties. yard by two (2) feet. Structures height shall be limited so as to not 4 Required parking areas may not infringe on any required yard but shall be excluded from computation o lot coverage. 5 In reviewing applications for approval of conditional permit, the Planning Board, in considering determining whether the applicable the facts and circumstances of criteria have been satisfied shall consider each application on its own merits, only for the assistance of individual applicants and are each application. These figures are provided as guidelines not to be considered a statement of either minimum or maximum requirements. 26a 4W Article VII-Business District i 7 2 ARTICLE VII BUSINESS DISTRICT -7.1 Statement of Intent The purpose of this District is to provide areas centrally located in the Town for retail sales and business enterprises. -7.2 Permitted Structures and Uses 1. Residential: a. Single family dwelling. b. Two family dwelling. -7.3 Permitted Use Subject to Site Plan Approval 1. Business: a. Multiple dwelling; up to four (4) dwelling units in a single structure. b. Indoor retail sales, less than 15,OOO square feet gross floor area. c. Banks, savings and loans, and credit bureaus. d. Professional offices, e. Business offices. f. Indoor restaurants and taverns (but' not drive-in restaurants). g. Personal service establishments. h. Hotels, motels, tourist homes, and rooming houses. i. Kennels, veterinary clinics, animal shelters, and pet shops. j. Indoor theaters. k. Indoor commercial recreation facilities. 1. Automobile and vehicular sales; used vehicles permitted only in combination with new. -7.4 Uses Subject to Conditional Permit 1. Residential: a. Multiple family dwelling with over four (4) dwelling units. 2. Religious Institutions: a. Churches, chapels, temples, synagogues and related uses. 3. Business: a. Commercial garages. b. Automotive repair shops. C. Gasoline service station. d. Car wash operations. e. Outdoor and drive in restaurants. f. Outdoor sales of: 27 19 Article VII-Business District (1.) Boats. (2.) House trailers. (3.) Recreational vehicles. (4.) Horticultural products and supplies. g. Used car sales. h. Retail sales over 15,000 square feet, shopping centers and malls. 4. Educational institutions: a. Schools - public and private; all age groups. b. Libraries. 5. Recreational and social activities: a. Public and private clubs. b. Parks and playgrounds. c. Public swimming pools. d. Campgrounds— public and commercial. e. Golf courses and miniature golf. f. Outdoor commercial amusement centers. g. Outdoor and drive-in theaters. 6. Health, medical, and care services: a. Hospitals. b. Clinics. c. Child day care centers. d. Nursing homes. e. Mortuaries. „ 7. Transportation and utility uses: a. Public utility substations. b. Bus terminals. C. Railroad lines and terminals. d. Communication towers and antennae. e. Storage warehouses. f. Truck terminals. g. Air landing fields. 28 I I OWESS DISTRICT `7.5 BULK REGULATIONSI MINIMUM MAXIMUM USE LOT LOT FRONT SIDE YARD REAR LOT PARKING SIZE WIDTH YARD 1 SIDE TOTAL YARD COVERAGE HEIGHT2 REQUIREMENTS3 1. Permitted Uses, a. Residential 6,000SF 80 F 35 F 8 F 20 F 40 F 25% (All) +1,000/DU +10/DU 2. Permitted Uses Subject to Site Plan Approval a. Residential 1AC 200 F 50 F 10 F 30 F 40 F 25% 1. Multiple family dwellings with up to 4 DU b. Business As required by Planning Board , 4 3. Uses Subject to Conditional Permit a Residential / Multiple DUts As required by Planning Board Over 4 % b. Religious,/ 1 AC 100 F 35 F 8 F Institutions c. Busine's As required by Planning Board r' d. Educ4tional 5 AC 300 F 75 F 50 F Institutions e. Rgcreational 6 1 AC 100 F 35 F 8 F ;,6cia1 activities f.'Health, medical 1 AC 100 F 35 F 8 F & care facilities !� - Transportation As required by Planning Board and utility uses 20 F 40 F 50% 100 F 50 F 20% 20 F 40 F 50% 20 F 40 F 20% None None None None None None :SF = Square Feet AC Acres F reel A = Percent DU Dwelling Unit ,. 2 2Height limitations of Cortland County Airport supercede listed maximums, see ` 16.2. / Required parking areas may not infringe on any required yard but shall be excluded from computation of lot coverage. 1 4 In reviewing applications for approval of conditional permit, the Planning Board, in determing whether the applicable criteria have been satisfied shall consider each application on its own merits, considering the facts and circumstances of each application. 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. 28a a nO Vv`i M Article VIII-Industrial District ARTICLE VIII INDUSTRIAL DISTRICT -8.1 Statement of Intent This District is intended to set aside areas within the Town for industrial uses. -8.2 Permitted Structures and Uses 1. Residential Not applicable, 2. Accessory residential uses Not applicable 3. Agriculture related uses a. Farm uses including; (1) Forestry (2) Dairy and beef cattle. (3) Sheep. (4) Pigs. _ (5) Horses. (6) Goats. (7) Fowl. b. Temporary roadside stands.. `8.3 Permitted Uses Subject to Site Plan Approval 1. Agriculture related uses: a. Farm dwelling. b. Barns and farm accessory buildings. 2. Additions to Industrial Facilities: a. All types. 3. Religious institutions: a. Churches, chapels, temples, synagogues and related uses. b. Cemeteries. `8.4 Uses Subject to Conditional Permit 1. Residential Not applicable 2. Accessory residential uses Not Applicable 3. Business: a. Indoor and outdoor commercial recreation facilities (but not golf courses). 29 P� Article VIII-Industrial District G -7 b. Automobile sales; new and used. C. Outdoor sales of boats, mobile homes, recreational vehicles, farm equipment and construction equipment. Mobile home sales may use a mobile home for an office. 4. Educational institutions: a. Schools - public and private;,all,age groups. b. Libraries. 5. Recreational and social activities: a. Public and private clubs (non-profit). b. Parks and playgrounds. C. Public swimming pools. d. Campgrounds - public and commercial. e . Miniature golf. f. Outdoor commercial amusement centers. g. Outdoor and drive -theaters. 6. Health, medical, and care services: a. Hospitals. b. Clinics - medical and dental. c. Child day care centers. d. Nursing homes. 7. Transportation and utility and uses: a. Utility substations. b. Utility lines, poles, and facilities. c. Bus terminals. d. Railroad lines and terminals. e. Communication towers and antennae. f. Storage warehouses. g. Truck terminals. 8. New Industrial Facilities: a. All types. -8.5 Prohibited Structures and Uses (See Article XII, r12.5) 30 I INDUSTRIAL DISTRICT -8.6 BULK REGULATIONSI MINIMUM MAXIMUM USE LOT LOT FRONT SIDE YARD REAR LOT PARKING SIZE WIDTH YARD 1 SIDE TOTAL YARD COVERAGE HEIGHT2,3 REQUIREMENTS 1. Permitted Uses: Agricultural None None 50 F 12 F 32 F 40 F 508 None a. 2. Permitted Uses Subject to Site Plan Approval a a. Agricultural as required by Planning Board -1 b. Additions to Industrial Facilities None None 50 F 12 F 32 F 40 F 50% None fD c c. Religious Institutions 1 AC 100 F 50 F 12 F 32 F 40 F 50% None fD a 4 3. Uses Subiect to Conditional Permit a. Business (as required) 100 F 50 F 12 F 32 F 40 F 50% None 3 b. Educational 3 AC 200 F 50 F 12 F 32 F 40 F 25% None C. Recreational 1 AC 100 F 50 F 12 F 32 F 40 F 50% None ,o & social activities 1 AC 100 F 50 F 12 F 32 F 40 F 508 None 0 a d. Health related e. Transportation and Utility As required by Planning Board a _ f. Industrial None None 50 F 12 F 32 F 40 F 50% None SF Square Feet; 8 - Percent: AC = Acres; F - Feet; 2 Height limitations of Cortland County Airport supersede listed maximums, see Section '16.2. 3 No structure shall intersect a plane at 45 degree angle inclining in from any property line or right-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. 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. 30a Go w w Article IX -Planned Unit Development ARTICLE IX PLANNED UNIT DEVELOPMENT (PUD) -9.1 Statement of Intent The purpose of this Article is: 1. General To provide a degree of flexibility in land use, and to encourage imagination and innovation in developments. Planned Unit Developments must be consistent with the intent of this Local Law and the Town of Cortlandville Development Plan. After having met the requirements of this Article, approved Planned Unit Developments will be permitted uses. This Article necessarily combines subdivision and zoning regulations. 2. Residential Planned Development To offer recreational opportunities close to home, to relieve monotony and congestion in streets, to plan for neighborhood maintenance of open space, to promote harmonious architecture between adjacent buildings, to encourage the placement of structures in proper relationship to the natural characteristics of the site, to promote energy conservation through proper solar orientation and construction techniques, and to preserve natural areas. 3. Commercial Planned Development To promote development of business centers with adequate off street parking, to control access points on thoroughfares, to separate pedestrian and automobile traffic, to develop centers of size and location compatible with the market potential, to buffer adjacent residential areas with landscaped open spaces and to encourage harmonious architecture between adjacent commercial structures and between homes and commercial structures. 4. Industrial Planned Development To promote the establishment of industrial parks, to permit groups of industrial buildings with integrated design and a coordinated physical plan, toencourage recreational facilities within industrial areas, to buffer adjacent residential areas with landscaped open spaces, and to encourage pleasant architectural design for industrial facilities. 31 �l Article IX -Planned Unit Development lK -9.2 Permitted Locations 1. Residential PUD.shall be permitted in any zoning District in the Town. 2. Commercial PUD shall be permitted in Agriculture, Business and Industrial Districts. 3. Industrial PUD shall be permitted in Industrial and Agriculture Districts only. -9.3 Regulations 1. General a. Any PUD shall contain a minimum of 10 acres b. Any PUD shall have a minimum of 25% of the gross land area set aside for open space, free of buildings, parking, roads and driveways. c. Proposals for staged development must provide for an appropriate mix of uses and adequate allowance for completion of overall concepts. d. There must be legal purchase offers on all parcels involved in PUD prior to submission for preliminary approval. e. There must be single ownership of the entire PUD area prior to final application for approval. 2. Residential a. All residential PUD must have a minimum of 70% of the gross floor area in use for dwellings. b. Base density is that permitted in original District. c. To encourage developers to meet the objectives listed in -9.1.2 densities beyond the base density shall be permitted for the following items; these increases are additive to base --not compounded. (1) Common open space recreational improvements such as tennis courts, handball courts, playgrounds, bikeways, etc., are provided: i. First acre of improved open space/20 acre of total--8% increase ii. First acre of unimproved open space/20 acre of total--6% increase iii. Second acre of improved open space/20 acre of total--4% increase iv. Second acre of unimproved open space/20 acre of total--3% increase V. Each additional acre of improved open space/20 acre of total--3% increase vi. Each additional area of unimproved open space/20 acre of total-- 1% increase 32 I Article IX -Planned Unit Development (2) The character, architectural and siting considerations taken by the Developer shall be considered as justification for the following density increases depending on whether or not they make a contribution towards meeting the PUD objectives. i. Site design, landscaping and orientation of roadways that provide for an increase in solar access for passive or active solar heating and cooling systems. 10% increase ii. Facilities incorporating active solar heating and cooling equipment 5$ increase iii. Landscaping, streetscape, pedestrian way improvements, use of existing natural areas, new plantings 5% increase iv. Design features, harmonious use of architectural styles and materials, with variations of monotony 5% increase v. Siting for best use of topography, physical features, wind and solar access, circulation, existing landscaping techniques such as clustering 5% increase vi. Provision of local commercial ammenities 5% increase (3) The total allowable density increase shall not exceed that permitted in R-3 by right. (4) The number of dwelling units may be increased from base density if: i. Common open space recreational improvements such as Tennis Courts, Ice Rinks, Handball Courts, etc., are provided. Allowable increase 10% ii. Provisions are made for low and moderate income programs under federal, state, or local guidelines. Allowable increase 10% iii. Site design and orientation to protect solar access for heating and cooling systems is provided for and solar heating and cooling systems are incorporated in building designs. Allowable increase 15% iv. Distinctiveness integration and excellence in architectural and landscaping design is apparent. Allowable increase 5% 33 F� W Article IX -Planned Unit Development v. Provisions are made for preservation of natural features (i.e. bogs, stands of trees, ponds, areas.of historical importance). Allowable increase 5% 3. Commercial a. A minimum of 60% of the gross.floor areas shall be commercial in nature. b. Vegetative screening and/or green areas shall separate PUD from adjacent residential areas. 4. Industrial a. A minimum of 60% of the gross floor area shall be industrial use. b. Vegetative , screening and/or green areas shall separate PUD from adjacent residential or' commercial activities. c. Minimum of 100 acre tract. "9.4 Permitted Uses 1. Residential a. One, two, and multi -family dwellings, attached and detached b. Professional offices c. Community recreation centers. d. Outdoor recreation facilities e. Personal service establishments f. Restaurants g. Retail stores of a local or service nature h. Educational facilities i. Religious institutions j. Mobile home parks k. Mobile homes 2. Commercial a. Multi -family dwellings b. Retail stores C. Indoor recreation d. Outdoor recreation e. Religious institutions f. Business offices 3. Industrial a. Warehousing b. Enclosed manufacturing c. Wholesale businesses d. Freight terminals e. Heavy equipment sales and service f. Gasoline sales g. Commercial garages h. Business offices. 34 r� Article IX -Planned Unit Development 0 -9.5 Procedures 1. Pre -Application Conference a. Interested party shall arrange through the Zoning Officer for an appearance before the Town Planning Board. b. The meeting date shall be either a regular monthly Town Planning Board meeting or a special meeting called for the purpose. At this meeting all interested Town Officials will be allowed to attend and listen to the presentation. c. Applicant shall have sketch plans of the proposal ready at this meeting. d. Following the conference the Planning Board shall provide the applicant with written comments on the conference and recommendations to assist the applicant in further preparations. 2. Application and Preliminary Development Plan a. To be filed with the Town through the Zoning Officer b. To include: (1) Plan to scale of entire site (2) Locations and dimensions of buildings and uses (3) Outlines of transportation facilities (4) Topography (5) Drainage (6) Utilities (7) Delineation of use types and densities (8) Location map showing adjacent land (9) Narrative statement explaining how proposed PUD will: i. Meet community needs ii. Be consistent with Town development plan iii. Provide for maintenance of commonly owned property. (10) Schedule of development if staged. -9.6 Review by Town Planning Board 1. Within five days of completion of application package the Zoning officer shall notify the Town Board and Town Planning Board. 2. Within 45 days of notifications, the Town Planning Board will. hold a public hearing on the application following five days notification to adjacent property owners and newspaper. .3. Within 45 days of public hearing, the Town Planning Board shall file a written report to the Town Board recommend- ing: a. Approval b. Approval with modification C. Disapproval d. Reasons for recommendations 35 V Article IX -Planned Unit Development `9.7 Review §y the q2Rnty Planning Board 1. Within five days of completion of application, the Zoning officer shall file the same with the Cortland County Planning Department. 2. The County Planning Board will make a written report to the Town Planning Board within 45 days of receipt of application recommending: a. Approval, b. Approval with modification, c. Disapproval . d. Return for Local Determination. e. If the County Planning Board takes no action, this will indicate approval. `9.8 Town Board Review 1. Within 30 days of receiving reports from the County and Town Planning Boards or after 45 days pass since the Planning Board public hearing, the Town Board shall schedule a public hearing and then make final review of application and preliminary development plan. 2. Within 30 days.of public hearing, the Town Board shall act to: a. Approve application b. Approve with modification or conditions c. Disapprove 3. If the Town Board acts against either County or Town Planning Board recommendations, it must do so with a majority plus one vote. -9.9 Site Plan Review and Subdivision Review 1. Following Town Board approval, the preliminary plan and conditions become the basis for all future subdivision and site plan approvals. 2. The Town Planning Board shall review and approve site plans but shall not permit substantial alteration of the approved preliminary development. 3. The Town Planning Board shall consider site plan and subdivision review concurrently. 4. For .development in stages, a separate application for final site plan approval shall be made with each stage. Application shall be in conformance with approved schedule. once a site plan and schedule of development has been approved, no future changes and amendments to the Zoning Local Law shall affect development of future plats within the PUD district as long as they proceed as scheduled. However, if the Town Board determines that the schedule or other conditions of approval have been violated, amendments and revisions to the Zoning Local Law will be binding on development. -9.10 Construction Permits 1. Following site plan approval, a copy of the final plan shall be provided to the Town Zoning officer, who shall issue building permits if projects conform to the plan. 36 I Article IX -Planned Unit Development IUD -9.11 Reversion of Land to Original Designation 1. If in the opinion of the Town Planning Board or the Zoning Officer the developer fails to meet imposed conditions or does not adhere to development schedule, a report shall be filed with the Town Board and the Developer notified. 2. Within 45 days of notification the Town Board shall require a response from the developer as to reasons for failure to comply. 3. If there is no response or reasons are deemed insufficient, approval of the PUD shall be revoked and the land shall revert to original Zoning District designations and uses. 4. The land will also revert to the original Zoning District designation and uses if the applicant fails to obtain final site plan approval from the Planning Board. 37 11 Iqd Article X-Cluster Development ARTICLE X CLUSTER DEVELOPMENT "10.1 Statement of Intent 1. General a. It is the .purpose of this Article to inform developers of provisions pursuant to Section 281 of Town Law that are hereby adopted by the Town of Cortlandville. The Town Planning Board is hereby authorized simultaneously with the approval of any plat within that part of the Town, outside the limits of any villages, to modify applicable provi- sions of this zoning Local Law, subject to the con- ditions set forth in Section 281 of Town Law and the special conditions of this Article. 2. Objectives a. This Article permits developers to submit proposals to the Town Planning Board during Subdivision Review, that waive certain requirements of this Local Law, but only for unique circumstances. b. The Planning Board, in accordance with criteria in the subdivision regulations, may require that a proposal be of a cluster design. c. It is the intent of this Article to promote energy conservation, harmonious architectural design, better use of existing topography and natural features, recreational development, solar access and design, and to provide for economies inherant with cluster type development. -10.2 General Conditions 1. This Article shall apply to Residential Developments only. 2. Density of dwelling units shall not exceed that permit- ted in the District in which the subdivision is located. This density shall be computed as follows: a. Compute total area of development in square feet. b. Subtract 15 percent of total area for roads and utilities. c. Divide the remaining area by the minimum lot area permitted in the pertinent District for single family dwellings. This equals the total number of dwellings permitted. 3. To be eligible for waiver of conditions, developer must show how the proposal meets the objectives of `10.1.2. 38 !c 4. Developer must submit for approval a plan for maintenance or ownership of common open space resulting from cluster development. This plan shall take the form of a Homeowner's Association. The Article of formation of the Association must be approved by the Town Board and Town Attorney. The Town reserves the right to take ownership of common open space at its option prior to approval of Subdivision for Cluster Development. -10.3 Permitted Uses 1. All uses permitted in District. 10.4 Waivers Permitted 1. Minimum lot size 2. Side yard size 3. Front yard size,. 4. Rear yard size 5. Lot coverage `10.5 -fiypes of Construction Permitted' At the discretion of the Planning Board dwelling units may be attached, detached or multistory provided height requirements are not exceeded® 39 11 Article XI -Site Plan Approval ARTICLE XI SITE PLAN APPROVAL `11.1 General 1. Pursuant to Section 274-a of Town Law the Planning Board is herby authorized to approve site plans for the following uses and according to the procedures stated in the remainder of this Article. 2. Site Plan Approval by the Planning Board shall be required for all structures and uses specified under regulations for each District. Any requests for variancies, rezoning or subdivision shall be completed prior to final Site Plan Approval. `11.2 Procedures 1. After. the sketch plan conference as described in `11.3, an application for Site Plan Approval shall be made to the Planning Board by filing it with the Zoning Officer who shall present it to the Planning Board at its next regularly scheduled meeting. 2. The Planning Board may accept the Application at its initial consideration if all supportive information is adequate. Alternatively, the Board may deem this first consideration to be a Sketch Plan Conference (`11.3, below) and await additional designated information before accepting the Application. 3. Within forty-five (45) days of acceptance of the application, the Planning Board shall render a decision to approve, approve with conditions, or deny, and for- ward the decision to the Zoning Officer. An extension of this forty-five (45) day period is automatic if the nature of the Application requires GML Referral to the County Planning Board. Further an extension of this forty-five (45) day period may be granted upon consent of both the applicant and the Town Planning Board. If the Board fails to act within said forty-five (45) day period or extension that has been granted, the site plan shall be considered approved. 4. A full written record of such Planning Board.minutes and decisions together with all documents pertaining thereto shall be filed in the Office of the Town Clerk and shall be mailed to the applicant. 5. A sketch plan shall not be considered an application for purposes of this Article. 40 1 Article XI -Site Plan Approval q `" F -11.3 Sketch Plan A sketch plan conference shall be held between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the Site Plan. At the sketch plan conference, the applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed. 1. An area map showing the parcel under consideration for site plan review, and all properties, subdivisions, streets and easements within two hundred (200) feet of the boundaries thereof. 2. A map of site topography from available USGS sources shall be included. If portions of the site have susceptibility to erosion, flooding or ponding, a soils overlay and a topographic map showing contour intervals of not more than two (2) feet of elevation should also be provided. `11.4 Application For Site Plan Approval An application for Site Plan Approval shall be made in writing to the Zoning Officer and shall be accompanied by information drawn from the following checklist, as determined necessary by the Planning Board at the sketch plan conference. 1. Title of drawing; including name and address of applicant and person responsible for preparation of such drawing; 2. north arrow, scale and date; 3. boundaries of property plotted to scale; 4. existing watercourses; 5. grading and drainage plan, showing existing and proposed contours; 6. location, proposed use and height of all buildings; 7. location, design and construction materials of all park- ing and truck loading areas, showing access and egress; 8. provision for pedestrian access; 9. location of outdoor storage, if any; 10. location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; 11. description of the method of sewage disposal and loca- tion, design and construction materials of such facilities; 12. description of the method of securing public water and location, design and construction materials of such facilities; 13. location of fire and other emergency zones, including the location of fire hydrants; 14. location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy; 41 1 q s' Article XI -Site Plan Approval 15. location, size and design and construction materials of all proposed signs; 16. location and proposed development of all buffer areas, including existing vegetative cover; 17. location and design of outdoor lighting facilities; 18. designation of the amount of building area proposed for retail sales or. similar commercial activity; 19. general landscaping plan and planting schedule; and 20. other elements integral to the proposed development as considered necessary by the Planning Board, including identification of any state or county permits required for the project's execution. -11.5 Planning Board Review Of Site Plan The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following: 1. General Considerations a. Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls. b. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience. C. Location, arrangement, appearance and sufficiency of offstreet parking and loading. d. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. e. Adequacy of stormwater and drainage facilities. f. Adequacy of water supply and sewage disposal facili- ties. g. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegeta- tion. h. In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation. i. Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objec- tionable features. j. Adequacy of fire lanes and other emergency zones and the provision. of fire hydrants. k. Special attention to adequacy of structures, road- ways and landscaping in areas with susceptibility to ponding, flooding and/or erosion. 42 l� Article XI -Site Plan Approval qL' r� 2. Consultant Review. The Planning Board may consult with the Town Zoning Officer, Town Engineer, fire commissioners, conservation council, other local and county officials, and its designated private consul- tants, in addition to representatives of federal and state agencies including, but not limited to, the Soil Conservation Service, the State Department of Transpor- tation and the State Department of Environmental Conservation. 3. Public Hearing. The Planning Board may conduct a public hearing on the site plan. If a public hearing is considered desirable by a majority of the authorized members of the Planning Board, such public hearing shall be conducted within forty-five (45) days of the acceptance of the application for Site Plan Approval and shall be advertised in a newspaper of general circulation in the Town at least five (5) days before the public hearing. 43 JqJ Article XII-Conditional Permit ARTICLE XII CONDITIONAL PERMIT -12.1 General 1. The uses and structures listed in each District as requiring Conditional Permit procedures are recognized as being desirable with the Town, but which may, because of their nature, cause certain problems. 2. The purpose of this Article is to establish guidelines for the Planning Board to use in determining whether or not a Conditional Permit should be issued. -12.2 Procedure 1. Application shall be made to the Zoning Officer and shall include detailed site plan to scale. Topographic information may be required in certain instances. 2. At its next regular meeting following application, the Planning Board shall review the plan and give tentative approval or ask for revisions or for more detail. More detail may include complete architectural drawings of proposed structures and landscaping. (At the same time the Planning Board may set a date for a final review of the application). 3. Within five days of first review, the Planning Board shall refer the application to the Cortland County Plan- ning Board along with Town comments and recommendations. (if required by General Municipal Law) and set a date for final review. 4. The Town Planning Board will take no final action until it has received comments and recommendations from the County Planning Board or 45 days have passed from date of submittal to the County Planning Board, if such is required by General Municipal Law -239. 5. The Town Planning Board on the date set for final review shall: a. Approve with County recommendations b. Approve against County recommendations with a majority plus one vote. C. Disapprove d. Give conditional approval 6. The Town Planning Board will make a factual record of all proceedings in issuing a Conditional Permit and such record shall contain the reasons for the decision. 7. If approval or conditional approval is given, the Zoning Officer shall issue a building permit once all condi- tions are met. 44 Article XII-Conditional Permit `12.3 General Requirements 1. In order to grant approval for a Conditional Permit, the applicant must prove that the structure and/or use: a. Is appropriate for the particular lot and area, and will not conflict with allowed uses. b. Is in compliance with all other applicable sections of this Local Law. C. Is physically and visually compatible with general neighborhood or planned neighborhood development. d. Provides a suitable transition when located between differing uses or Districts where none is provided or provides a visual buffer by landscaped green areas or fencing. e. Has adequate space and plans for offstreet parking. f. Has future expansion or revision capabilities with- out need for variances. g. Provides for safe handling of vehicular traffic to and from site without causing congestion. No new vehicular entrances shall be permitted within fifty feet of an existing intersection. h. Provides for safe passage of pedestrians. i. Enhances neighboring property and does not lead to depreciation of properties (by reason of noise, traffic dust, fumes, smoke, odor, fire, glare, flashing lights or sewage disposal). `12.4 Additional Specific Requirements 1. Residential a. Multifamily dwelling with over 4 dwelling units must have two means of egress and ingress. One may be for emergency use only. b. Public sewer and water facilities must be provided for multi -family dwellings with over 4 dwelling units. 45 M Article XII-Conditional Permit c. Customary home occupations must be of a type that will not create noise and traffic problems in residential neighborhoods. d. Customary home occupations must have sufficient off- street parking for all customer vehicles. 2. Agricultural related uses a. Liquid and solid manure storage facilities shall be sited in a manner to reduce, odor problems with adjacent residential areas. b. Land application of human and animal waste products shall be carried out in a manner to reduce environ- mental hazard. c. Visual screening of used equipment may be required for agricultural implement sales areas. 3. Educational and Cultural Facilities a. Lighting of fields and parking areas shall not create a glare on adjacent residential properties or roadways. b. Pedestrian access must be located in a manner to reduce impact on neighborhoods. C. Architectural design shall be compatible with neighborhoods. 4. Recreational and Social Activities a. Sufficient visual and sound screening shall be provided between activities and adjacent residential neighborhoods to limit noise and sight disturbances. b. Traffic routes shall be located to protect safety of pedestrians. C. Parking areas and drives shall be surfaced so as to be dust free. d. Lighting must not create glare on adjacent properties and roads. 5. Religious and Charitable Institutions a. Buildings shall be architecturally designed to enhance or be compatible with neighborhood. 46 Article XII-Conditional Permit 6. Health, Medical and Care Services a. Hospital and clinic emergency traffic entrances shall have sufficient capacity to handle loads with- out interrupting neighboring traffic patterns. Entrances to parking areas shall be of sufficient width for two-way traffic or shall have separate entrance and exit locations. 7. Transportation and Utility Facilities a. Private air landing fields must not locate glide paths and take -off patterns over existing residential neighborhoods. b. Utility substations shall be screened with vegetative material from adjacent residential and commercial properties and shall be adequately fenced to prevent entry by unauthorized personnel. c. Entrances to warehousing, bus, and truck terminals shall be of sufficient width to allow turn out into the nearest traffic lane without necessitating a swing into another lane. d. In residential neighborhoods all new utility lines shall be underground to the maximum extent possible. Where existing services use poles this condition may be waived, at the discretion of the Planning Board. e. Communication so as not to solar access. height will neighborhoods. 8. Business Uses antennae and towers shall be located interfere with adjacent property's Siting of facilities over 30 feet in not be permitted in residential a. Commercial garages, gasoline service stations, auto- motive repair shops and other facilities storing petroleum products on site shall have tanks tested in accordance with Cortland County Health Department requirements and NFPA 329 or latest NFPA code on testing of underground storage tanks. Above ground petroleum storage shall be placed within impervious containment structures a minimum of 30 feet from any structure or property line. b. Retail sales with over 15,000 square feet of gross floor area and shopping centers shall have at least two (2) means of access to parking facilities. 47 Article XII-Conditional Permit -12.5 Industrial Facilities The following activities are prohibited: 1. The production from raw materials of cement, explosives, fertilizer, rubber, soaps, starch and the by-products of coal, coke, petroleum, and natural gas. 2. The milling or processing of flour; the reduction, refining, smelting and alloying of metal or metal ores; the distillation of wood or bones; and the reduction and processing of wood pulp and fiber. 3. The operation of stock yards, slaughter houses and rendering plants.. 4. Storage involving inflammable and explosive materials except in accordance with the laws and regulations of the State of New York. 5. Storage of crude oil or any of its volatile products or other highly inflammable liquids except in accordance with the laws and regulations of the State of New York, and all such tanks shall be properly diked with dikes having a capacity equal to one and one-half times the capacity of tank or tanks surrounded. 6. Storage of crude oil or any of its volatile products or other highly inflammable liquids within thirty feet of any property line. 7. Activities which emit dangerous radiation adversely affecting the operation at any point of any equipment , other than that emitting the radioactivity. 8. visible grey smoke of a shade darker than no. 1 as shown on the Power's Micro-Ringelmann chart, McGraw Hill Publishing Co., 1954, except that visible grey smoke of a shade not darker than no. 2 on said chart may be emitted for not more more than four minutes in any thirty minutes. These provisions, applicable to a visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent density. M Article XII-Conditional Permit 0 9. Emissions from any chimmey or other orifice which can cause any damage to health, to animals, or vegetation, or other forms of property or which can cause any excessive soiling at any point, and in no event any emmission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of an amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of five hundred degrees F. and fifty percent excess air. 10. Discharges into any private sewage disposal system or stream, or into the ground, of any materials of such a nature or temperature as can contaminate any water course or supply, or can cause any dangerous or unhealthy condition, except: a. Upon approval of the Department of Health or New York State Department of Environmental Conservation. b. In the event approval is not required from such department, upon conformity to standards equivalent to those approved by such department or board for similar situations. 11. Activities which produce any material effect on the temperature, motion or humidity of the atmosphere at the lot line or beyond.` 49 O 5 ' Article XIII - Flood Damage Prevention ARTICLE XIII FLOOD DAMAGE PREVENTION -13.1 GENERAL 1. The flood hazard areas of Town of Cortlandville are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. -13.2 Statement of Purpose 1. 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: a. To protect human life and health; b. To minimize expenditure of public money for costly flood control projects; c. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; d. To minimize prolonged business interruptions; e. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards; f. 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. 50 I Article XIII - Flood Damage Prevention �J g. To insure that potential buyers are notified that property is in an area of special flood hazard; and, h. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 2. Methods of Reducing Flood Losses In order to accomplish its purposes, this Local Law includes methods and provisions for: a. Restricting or prohibiting 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; b. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; c. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accomodate or channel flood waters; d. Controlling filling, grading, dredging, and other development which may increase flood damage; and, e. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards'in__other areas. -13.3 Lands to Which This Local Law Applies 1. This Local Law shall apply to all areas of special flood hazards within the Town of Cortlandville. 2. Basis for Establishing the Areas of Special Flood Hazard® The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Cortlandville", dated February 15, 1983, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this Local Law. The Flood Insurance Study is on file at the Cortlandville Town Hall, 15 Terrace Road, Cortland, N.Y. 13045. 51 ads Article XIII - Flood Damage Prevention -13.4 Penalties for Noncompliance 1. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Local Law and other applicable regulations. Violation of the provisions of this Local Law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) 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 not more than $250.00 or imprisioned for not more than 15 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Cortlandville from taking such other lawful action as is necessary to prevent or remedy any violation. -13.5 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 shall not create liability on the part of Town of Cortlandville, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this Local Law or any administrative decision lawfully made thereunder. -13.6 Administration 1. Establishment of Development Permit A Development Permit shall be obtained before con- struction or development begins within any area of special flood hazard established in 13.3.2. Application for a Development Permit shall be made on forms furnished by the Zoning Officer of the Town of Cortlandville and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of material, drainage facilities; and the location of the foregoing. 52 Article XIII - Flood Damage Prevention ,70 2. Designation of the Zoning Officer The Zoning Officer of the Town of Cortlandville is hereby appointed to administer and implement the provi- sion of this Local Law by granting or denying develop- ment permit applications in accordance with its provisions. 3. Duties and Responsibilities of the Zoning Officer Duties of the Zoning Officer shall include, but not be limited to: . a. Permit Review (1) Review all development permits to determine that the permit requirements of this Local Law have been satified. (2) Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required. (3) Review all development permits in the area of special flood hazard to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this Local Law "adversely. affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point. b. Use of Other Base Flood Data When base flood elevation data has not been provided in accordance with 13.3.2 Basis for Establishing the Areas of Special Flood Hazard, the Zoning Officer shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer 13.7.1.e, Residential Construction, and 13.7.1.f, Nonresidential Construction. 53 aDI Article XIII - Flood Damage Prevention c. Information to Be Obtained and Maintained (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. (2) For all new substantially improved floodproofed structures: "i." verify and record the actual elevation (in relation to mean sea level), and "ii." maintain the floodproofing certifications required in -13.7. d. Alteration of Watercourses (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capability is not diminished. e. Interpretation of FIRM Boundaries Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in-13.6.4. 4. Variance Procedure a. The Cortlandville Zoning Board of Appeals shall hear and' decide appeals and requests for Variances from the requirements of this law consistent with the standards of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program 44 CFR 60. 54 r� L Article XIII - Flood Damage Prevention � o �? -13.7 Provisions for Flood Hazard Reduction 1. In all areas of special flood hazards the following standards are required: a. Anchoring (1) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist floatation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: "i." over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate loca- tions, with mobile homes less than 50 feet long requiring only one additional 'over -the - top tie per side; "ii." frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring only four additional ties per side; "iii." all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, "iv." any additions to the mobile home be similarly anchored. b. Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 55 a Article XIII - Flood Damage Prevention c. Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate: infiltration of flood waters into the system, (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate: infiltration of flood waters into the system and discharge from the systems into flood waters; and (3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. d. Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). e. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. f. Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: 56 I CJ E -­�Article'XIII Flood Damage Prevention (1) b roofed so that below the base flood level the'. ructure is watertight with walls t lally -impermeable to the passage of water; . . . . . . . . . . . (2)- ha-Yq­­_$t'.,,r..uO'tpral components capable of resisting hAr'(t ti"c".f':and hydrodynamic loads and effects of bo and (3) be. certifi by a registered professional engineer o.r.i; 4,iahi , tthat the standards of this subsection are:` s.4-t. il's I�fli e d Such certifications shall be official as set forth in -13.6.3. g. Mobile Homes (1) Molb.ile:homes shall be anchored in accordance with (2)`l;neW mobile home parks and mobile home 4ubidiVisi.ons; for expansions to existing mobile home., parks' and mobile home subdivisions; for existing' mobile home parks and mobile home sqbd.ivi;sions where the repair, reconstruction or improvpmeht of the streets, utilities and pads eqpals 'or exceeds 50 percent of value of the str,qiBts.,: utilities and pads before the repairs, reconstruction or improvement has commenced; and fo�'pobile homes not placed in a mobile home park or, mobile home subdivision, require that: "i." stands or lots are elevated on compacted fill or on pilings so that -the lowest floor of the mobile home will be at or above the base flood level!; adqquat, . e surface drainage and access for a ha q,j�r,`are provided; and, in-,tkq, instance of elevation on pilings, that: .-lot large enough to permit steps, piling foundations are placed in stable soil nob: o.6 r e -..than ten feet apart, and -reinforcement is provided for pilings more than .six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an 'ex.lsting- mobile home park or an existing mobile h9me.subdivision. 517 In Article XIII - Flood Damage Prevention `13.8 Floodways Located within areas of special flood hazard established in `13.3 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurence of the base flood discharge. 2. If `13.8.1 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of `13.7, Provisions for Flood Hazard Reduction. 3. Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. 4. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated,- the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 58 11 Article XIV-Non-Conforming Buildings, Structures and Uses ARTICLE XIV NON -CONFORMING BUILDINGS, STRUCTURES AND USES -14.1 Statement of Intent ` The purpose of this Article is to provide for the regulation of non -conforming structures and uses, and to specify those circumstances and conditions under which those non -conforming structures and uses shall be permitted to continue or to expand. -14.2 Authority to Continue Non -Conforming Buildings, Structures and Uses. Any non -conforming structure or use which existed lawfully at the time of the adoption of this Local Law and which remains non -conforming, and any such structure or use which shall become non -conforming upon the adoption of the Local Law or of any subsequent amendments thereto, may be continued subject to the regulations which follow. `14.3 Repairs and Alterations 1. Structures designed or intended for non -conforming use: Repairs and alterations may be made to a non -conforming structure a. provided that no structural alterations are made to increase the volume of the structure, or b. provided such changes are to make the structure or use conform with this Local Law. 2. Structure designed or intended for a permitted use: Repairs, alterations, and structural changes may be made to a non -conforming structure, which is designed or intended for a use permitted in the District in which it is located, provided said repairs, alterations, or structural changes conform to the regulations of the District in which said building or structure is located. -14.4 Additions and Enlargements 1. Non-conformance with Bulk Regulations A structure not in conformance with bulk regulations, and which is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements do not increase the degree of non-conformance with the Bulk regulations of the District in which it is located. 59 Article XIV-Non-Conforming Buildings, Structures and Uses -14.5 Relocation of Buildings or Structures No building or structure shall be moved to any other location on the same lot unless every portion of such lot on which structure is moved, and the use thereof, is made to conform to all of the regulations of the District in which it is to be located. `14.6 Restoration of Damaged Non -Conforming Structure or Use 1. A non -conforming structure which is destroyed or damaged to the extent of 75% of its bulk, or that the cost of restoration to, the condition in which it was before the occurrence shall exceed 75 percent of the cost of the restoration of the entire building new, shall not be restored, unless said structure, and the use thereof, shall conform to all of the regulations of the District in which it is located. 2. In the event such damage or destruction is less than 75 percent of its bulk or the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. 3. It shall be the duty of the Town Zoning Officer, and any consultants he desires, to make such determination of loss, damage or destruction. 4. If the restoration is not started within one year of said destruction or damage and diligently pursued to completion, the structure shall be removed and the area cleared. -14.7 Discontinuence of Non -conforming Use 1. A non -conforming use may not be resumed except in conformity with the regulations for the District in which it is located if: a. It has once been changed to a conforming use; or b. A non -conforming use of a structure or land has ceased for a consecutive period of one year or for eighteen months during any three year period. . -14.8 Expansion of Non -Conforming Uses 1. Structure designed or intended for a non -conforming use: 60 Article XIV-Non-Conforming Buildings, Structures and Uses J.1q The non -conforming use of part of a structure, which is designed or intended for a use not permittd in the District in which it is located, may be extended throughout the structure. 2. Structure designed or intended for a permitted use: The non -conforming use of part of a structure, which is designed or intended for a use permitted in the District in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other non -conforming use. 3. The non -conforming use of land not involving a structure, or in connection with which any structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies. -14.9 Change of Non -Conforming Use 1. To permitted use: The non -conforming use of a structure which is designed or intended for a use not permitted in the District in which it is located may be changed to a use permitted in the District which it presently occupies. 2. To another non -conforming use: No non -conforming use shall be changed to another non- conforming use. 3. Land The non -conforming use of land not involving a structure, or in connection with which any structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the District in which the land is located. 61 I a►s� Article XV-Signs ARTICLE XV SIGNS -15.1 Statement of Intent The purpose of this Article is to provide regulations governing erection of signs in various Districts within the Town of Cortlandville. -15.2 General 1. No sign in any District may extend over a sidewalk or other public way, or interfere with safe visibility for pedestrians and vehicles. 2. No sign in any District shall be located nearer than fifteen feet to a street line or lot line, as measured from the sign's nearest edge. 3. No sign shall be erected within the view of the edge of the right of way of any Interstate System Highway at a distance of greater than 660 feet from the edge of said right of way. Interstate System Highways are to be signed in accordance with the National standards for regulation by States of advertising signs and devices adjacent to the National System of Interstate and Defense Highways as promulgated by the U. S. Secretary of Commerce. 4. Signs shall be regarded as structures within the meaning of. this Local Law, except no permit is required for signs meeting requirements of-15.3.1. 5. Advertising display upon any structure shall be regarded as a sign subject to this ordinance. 6. No sign attached to a building in any District shall project above the height of the wall of the building upon which it is attached. 7. Advertising letters or symbols on opposite sides of a material or structure less than two (2) feet thick shall be considered only one sign. 8. No illuminated sign shall be erected or used so that its light will directly reflect toward residences on adjoin- ing lots or toward residential Districts within one thousand feet or toward public highways so as to create a traffic hazard. 62 I Article XV-Signs 1) i ( 2 9. If a sign is irregular in shape or consists of indepen- dent, detached letters or symbols, the area of the sign shall be determined by measuring the area within a polygon completely enclosing the sign or such indepen- dent letters or symbols. 10. All signs shall be properly painted and maintained in structure, mechanical operation, and appearance. If such maintenance or painting is not provided by the owner within six (6) months of written notice, the Town Board may order removal of the sign by the owner. 15.3 Permitted Signs 1. No Permit Required a. Signs required by law and official signs required by a governmental agency. b. Temporary signs for construction: One in number, not exceeding 32 square feet, announcing purpose of construction to be removed following construction. Non -illuminated. Detour and traffic control signs during construction. C. Non -illuminated temporary sign, not more than 6 square feet, in Residential R-1, R-2, R-3, Districts, or 32 square feet in Business, Industrial, Agriculture Districts, advertising sale or rental of the property upon which it is located; one in number; two if on a corner lot, one facing each street. d. Temporary signs, in Business, Industrial, Agricultural Districts, non -illuminated less than 32 square feet announcing candidacy for election. No more than one (1) per parcel. Such signs shall be erected no more than 45 days prior to an election and are to be removed within 14 days from the election. e. Temporary signs, in R-1, R-2, R-3 Districts, non - illuminated, less than six (6) square feet per sign announcing candidacy for election. No more than five (5) signs per parcel. Such signs shall be erected no more than 45 days prior to an election and are to removed within 14 days from the election. 63 E Article XV-Signs 2. f. Signs less -than two (2) square feet announcing name of owner of parcel. g. All of the above signs must meet the requirements of -15.2. h. Temporary signs in Residential R1, R2, R3 Districts announcing "Sales" (garage, house, tag, etc.) no more than-7 days in any three (3) month period and no larger than six (6) square feet. Requiring Building Permit a. All uses permitted by this Local Law are allowed signs if meeting the requirements of Table 15.4. b. For the purposes of Table 15.4 "non -flashing" shall mean non -rotating, not animated or in motion, and/or no flashing or blinking lights. c. Non -illuminating shall mean no lights of any kind, non -rotating, not animated or in motion. d. Advertising, off -premises signs in Business and Industrial Districts shall not exceed 75 square feet. An advertising sign is one that directs attention to a business, industry, profession, commodity, or service not necessarily sold or offered upon the same premises as the location of the sign. This shall include poster panels. Such signs may either be ground signs or wall signs. (1) Ground signs shall not exceed 8 feet in height above existing terrain. Only one ground sign is permitted for each lot having frontage on a public street right- of-way. For large lots having in excess of 300 feet of frontage, an additional ground sign may be erected for each 300 feet of frontage. For corner lots fronting on more than- one public street right-of-way, each frontage shall be considered to constitute a separate lot. (2) Wall sign size shall not exceed twenty five percent of the wall area or 75 square feet, which' ever is smaller. Advertising wall 64 L7 Article XV-Signs signs shall not extend over the roof line, nor may they be sloping roof signs. TABLE -15 3 PERMITTED'SIGN REQUIREMENTS Maximum Maximum Remarks District Use Size (SF) Number All Single Family Residences 2SF 1 non -illuminated R3, B, I Multifamily 32SF 2 non -flashing All Customary Home occupations 4SF 1 bear only name of occupant & type of business conducted. 88 of wall' 2 non -illuminated B, I Business Uses if attached If Free Standing as Follows: 1. Retail less than 15,000 Square Feet a. Not in shopping 75SF 2 non -flashing center b. Within shopping 40SF 2 all free standing signs for businesses center within shopping centers to be of uni- form height, size, and type --non-flash- ing. 2. Shopping Centers 160SF/ea 1 non -flashing non -illuminated 3. Professional offices 20SF 32SF/ea 2 non -flashing 4. Gasoline Station 100SF/ea 5. Motels, Hotels 6. Automobile Sales, 2 non -flashing Warehousing, Building 90SF Supplies aggregate Industrial Uses 15% of 3 non -flashing I building wall facing road < 325SF 1 2 AG , B , I Agriculture related 16SF/ea ' 3 non -flashing uses Educational Facilities 40SF/ea 2 non -flashing AG, R1, R2, B, I AG,B, I Recreational & Social 20SF/ea 2 non -illuminated Activities AG, Rl, R2, R3 Religious Institutions 20SF 1 non -illuminated -flashing B, I Religious Institutions 20SF 1 non All Health Related 40SF/ea 2 non -flashing Facilities • All Transportation. 40SF/ea 2 non -flashing Facilities lAgriculture 2Business 65 Table -15.4 - Regulations for Permitted Signs Zoning District Residential and Agriculture Commercial and Industrial Type of Use Single Family Residences Multi -family residential Customary Home Occupations Maximum Number, Type and Sign Area Permitted 1 non -illuminated free- standing or building - mounted sign of 2 sq. ft. 1 ground sign of 32 sq. ft. 1 non -illuminated sign of any type of 4 sq. f t . Commercial or 1 freestanding or ground Industrial sign per lot of 100 sq. ft. (see note no.2) Plazas for more than one business or industry may have one such sign per entrance 2 building -mounted signs with a total sign area of two (2) sq. ft. for each linear foot of building facade facing the major street All zones Other 1 ground or building - Agricultural or mounted sign of 40 sq. ft. non -Residential Uses Notes: 1. If the amount of signage allowed by the Zoning District exceeds that which is allowed for the use, the District's regulations will supercede. 2. The maximum height permitted is: freestanding sign - 251; ground sign - 8' building -mounted - roof line; not above height of the wall of the building upon which it is attached. 65a I Article XVI-Supplemental Regulations and Exceptions ARTICLE XVI SUPPLEMENTAL REGULATIONS AND EXCEPTIONS -16.1 Statement of Intent The purpose of the Article is to outline special exceptions to the guidelines of this Local Law and to list additional regulations required for special uses. `16.2 Height Regulations of Cortland County Airport 1. Part 77 of the Federal Aviation Regulations adopted by the Federal Aviation Administration of the United States of America, as amended, and the Project Document for Cortland County Airport, FAAP Project No. 9-30-049-01 on filewith the Clerk of the Legislature of Cortland County, are incorporated herein and made a part hereof, and shall apply to the area surrounding said airport, as follows: 2. No structure shall penetrate the two "approach surfaces" of said airport. They shall be centered on the extended centerline of the runway. They shall each begin 250 feet wide at the end of the primary surface of the runway and extend outward and upward at a slope of one (1) foot vertically for each 20 feet horizontally. They shall extend and expand to a width of 2,250 feet for a horizontal distance of 10,000 feet to an elevation of 500 feet. 3. No structure shall penetrate the "horizontal surface" of said airport, which is a circular plane established at a distance of 150 feet above the airport reference point, with a radius of 5,000 feet from said airport reference point, excluding the -two aforesaid approach surfaces. 4. No structure shall penetrate the "conical surface" of said airport, which is a surface extending from the periphery of the foresaid horizontal surface outward and upward at a slope of one (1) foot vertically for each 20 feet horizontally for a horizontal distance of 3,000 feet to an elevation of 300 feet. 5. No structure shall penetrate the two "transitional surfaces" of said airport. These shall extend outward and upward at right angles to the centerline of the runway at a slope of one (1) foot vertically for each 7 feet horizontally from the edges of the primary and the approach surfaces until they intersect the horizontal or conical surfaces. 6. The Zoning Board of Appeals may, pursuant to the provisions of Article XVIII hereof, approve a structure which penetrates the approach surfaces, horizontal surface W. dig Article XVI-Supplemental Regulations and Excep�ioiis conical surface, or transitional surface of said airport, provided, however, said structure shall be lighted and marked as required by the Federal Aviation Administration of the United States of America. `16.3 Quarries, Gravel Mining and Excavations 1. The Planning Board, after due notice and public hearing as provided by law, may authorize the issuance of a permit for a period not to exceed one year (subject to renewal after due notice and public hearing as provided by law) for the excavation and sale or use off site of sand, gravel, clay or other natural mineral deposit, or the quarrying of any kind of rock formation in any district except a residential district. Subject to the provisions of subdivision b of paragraph 5 of this section, the Zoning Officer may issue a permit hereunder, without a public hearing, in the case of an application to excavate and sell or use in any one year less thatn 500 cubic yards of sand, gravel, clay or other natural mineral deposit. The Planning Board must be guided by the public health, safety and general welfare, not only of the citizens of the Town of Cortlandville, but of any other municipality, and must give particular consideration to certain factors as follows: a. Soil erosion by water and wind. b. Drainage. C. Soil fertility and preservation of prime farmland. d. Lateral support, slopes and grades of abutting streets and lands. e. Land values and uses. f. Such other factors as may be of interest to the proper development of the Town of Cortlandville. 2,. Before.a permit for such use is issued, the Planning Board shall find. that such excavation or quarrying will not endanger the stability of adjacent land nor constitute a detriment to public welfare, convenience or safety by reason of excessive dust, noise, traffic congestion or other conditions. The Planning Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting the permit. 67 1 I Article XVI-Supplemental Regulations and Exceptions L L 3. No excavation for purposes other than for the construction of a building, structure, driveway, sidewalk or similar facility shall be commenced or continued except in conformity with the provisions of this Local Law except nothing in this Local Law shall require a person to obtain a permit for or prevent a person from removing topsoil, or other earth products, from one part of his premises to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of farming or improving said property. 4. Nothing in this Local Law shall apply to the operation or leasing of gravel pits or excavations by the Town of Cortlandville for the provision of materials for the construction or maintaining of roads and highways within the town boundaries, or for the betterment of the town. 5. Certain requirements shall be specified in whole or in part by the Planning Board in granting the permit, and shall be fulfilled by the applicant prior to, during the course of and following the actual period of excavation or quarry working as follows: a. The operation of the excavation or quarry shall be conducted in a manner so as to prevent dust and noise, and shall provide for such treatment as may be deemed necessary by the Planning Board. All access shall be provided with a dustless surface not less than twenty- two (22) feet wide from the connection of a public street to a point within one hundred (100) feet of the loading point, and such road shall be properly maintained by the operator during the life of the operation. b. The slope of the material in the excavation or quarry shall not exceed the normal angle of repose of such material and the plan of such angle of repose, or the face of any quarry walls or other excavation in rock, shall not come nearer than 100 feet to any boundary line of the Town of Cortlandville, property line, street or highway line (whether such street or highway line be within or outside the boundaries of the Town of Cortlandville) or nearer than 1000 feet to any residential district line. C. In the case of an open excavation or a quarry or other excavation in rock, there shall be a substantial and acceptable fence, with suitable gates, completely surrounding said quarry or excavation and set at a distance of fifty (50) feet or more from the face of said quarry or excavation walls. M. dd� Article'XVI-Supplemental Regulations and Exceptions 6. The applicant shall file with the Planning Board a statement of the proposed work, together with a plan prepared by a licensed engineer or land surveyor showing the three dimensional extent of the proposed work through a plot plan showing existing grades and contours and the grades and contours after the operation has been completed. The plan shall be drawn to scale and shall show the location of streets or roads adjoining the premises; the names of adjacent property owners; the location of the premises and the dimensions of that portion of the premises upon which the excavation is to be made; the location, size and use of any existing or proposed structures; cross sections of the property at intervals of fifty (50) feet showing existing and proposed elevations at intervals of five (5) feet and also any break in grade; and the elevation of the premises as compared to the elevation of any abutting streets or roads. Recontouring and backfilling is required where necessary to return the area to its original contours or to the grades indicated by the plot plan when required by the Planning Board. The operator shall set aside the top ten (10) inches of arable soil on the premises, and when the premises have been returned to the grades indicated on the plot plan, shall respread said soil over the area to its original depth of ten (10) inches. 7. Before the issuance of a permit by the Planning Board for quarries or excavations, the applicant must have executed an agreement with the Town Board of the Town of Cortlandville whereby the applicant contracts to restore the premises to the conditions approved and established in accordance with the provisions of this section. The applicant shall execute a bond or deposit cash with the Town Clerk in an amount sufficient in the opinion of the Planning Board to secure the performance of said agreement. 8. The amount of the bond may be reduced and/or portions of the cash deposit returned to the applicant from time to time when, in the opinion of the Planning Board, the lesser amount will be sufficient to accomplish its purposes. In the event the applicant who executed the agreement does not fulfill his agreement, such bond or cash deposit shall be a surety and condition for the faithful performance of this section, and upon default, such bond or cash deposit shall be forfeited to the Town of Cortlandville and the Town shall proceed to restore the premises in the manner prescribed either with its own forces or by contract, after due notice to the applicant. If a surety bond was provided by the applicant, notice shall be give to the surety upon the bond, and, if the surety fails to comply with the agreement, the 69 Article XVI-Supplemental Regulations and Exceptions Town shall charge the costs to the surety. The bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Planning Board to the effect that all the provisions of the applicant's agreement with the Town Board have been fulfilled. 9. Fees, payable upon the issuance of the permit, shall be charged on the basis of the amount of material estimated to be removed in the forthcoming year of operation as follows: $10 for the first 1,000 cubic yards. $50 for the next 1,000 to 10,000 cubic yards. $50 for the next 10,000 to 1,000,000 cubic yards. $50 for each additional 1,000,000 cubic yards. 10. Accurate records of operation shall be submitted with each renewal application and any adjustments shall be applied to the next year's fee.. -16.4 Swimminq Pools 1. In any district, all swimming pools shall be completely enclosed with a permanent protective fence or barrier which shall be a minimum of four (4) feet and a maximum of six (6) feet in height measured from the ground level. All pools shall be fenced prior to filling with water. Said fence shall be so installed as to encompass the entire perimeter of the swimming pool, except that the wall of a dwelling or of an accessory building may form a part of the fence enclosure. Said fence shall be structurally sound and durable and shall be maintained in said condition. If said fence is constructed of plastic or wood, it must be so constructed that there are no open spaces exceeding two inches in width or forty-eight inches in length. If said fence is constructed of metal, it must be so constructed as to not have a linkage of more than three inches in diameter. Each entrance gate of said fence shall have a self-locking device and shall be kept closed and locked or attended by an adult at all times. The Zoning Officer may approve in writing any fences erected or used on the effective date of this Local Law which substantially comply with the provisions hereof. A building permit shall be obtained from the Zoning Officer in accordance with Article XVII, -17.3. -16.5 Conversion of Existing Single -Family to Two -Family 1. In all zones, after Site Plan Approval by the Planning Board, where required, a permit may be issued by the Zoning 70 a � ?3 Article XVI-Supplemental Regulations and Exceptions Officer to allow the conversion of a single-family residence to a two-family residence if all the following conditions are met: a. The lot area, as a minimum, shall correspond to applicable district bulk regulations. b. Each dwelling unit has a minumum of 600 square feet of floor area. c. No dwelling unit is placed in a basement having less than four (4) feet of ceiling clearance above the average ground elevation. d. There are no exterior structural alterations except as necessary for safety and improved access. `16.6 General Exceptions to Bulk Regulation Limit 1. Side and Rear Lots a. Nothing in this Local Law shall'prevent the projection of an open staircase or fire escape into a side or rear yard for a distance not to exceed eight (8) feet. b. Nothing in this Local Law shall prevent the installation, or projection into side or rear yards, of detached solar heating or cooling collectors for a distance not to exceed ten (10) feet. c. Notwithstanding any other provision of this Local Law, detached accessory buildings (see definition of accessory building for size limit), may be constructed within five (5) feet of any side or rear lot line, provided that for each foot of height that the building exceeds fifteen (15) feet, this distance shall be increased by one (1) foot. d. Notwithstanding any other provisions of this Local Law or an addition to an existing structure, an attached garage may extend not more than three (3) feet into an interior side yard. 2. Lot Size and Width Any lot or parcel of land under one ownership on the effective date of this Local Law with an area and/or width less than that required in the District by this Local Law, may be used as a lot for any purpose permitted 71 Article XVI-Supplemental Regulations and Exceptions in the District, provided that the owner thereof owns no adjoining land and all other provisions of this Local Law are complied with. 3. Height Exceptions Nothing in this Local Law shall limit the height of church spires, chimney flues, roof mounted solar collectors, residential television antennae and similar structures except the provisions of `16.2 (Airport) and interferences with solar access of adjacent properties. -16.7 Garage Sales - House Sales in Residential Areas 1. Garage and house sales operations are permitted in Residential and Agricultural Districts on a temporary basis but not as a permanant business. Such sales are limited to not more than eight (8) days a in two (2) month period and not more than 24 days in any year. -16.8 Temporary Mobile Homes 1. Mobile Homes are permitted in Residential and Agricultural Districts on a temporary basis during construction of a dwelling. The Zoning Officer may approve, in writing, use of a temporary mobile home for a period not to exceed one (1) year. The Zoning Board of ,Appeals may approve an extension not to exceed one (1) additional year. -16.9 Outside Vehicular Storage 1. Business Vehicles, Boats, and Trailers in Residential District. No machinery, equipment, or motor vehicle commonly used in business, except passenger vehicles, shall be parked or stored out-of-doors in a Residential District. No boat, trailer, or other recreational equipment shall be parked or stored out-of-doors in a Residential District within the required front and/or side yard areas. 2. Storage of Uninspected Vehicles. Other than in a junk yard or automobile graveyard, not more than two motor vehicles per family shall be permitted on a single property without the current inspection certificate required by Article 5 of the Vehicle and Traffic Law of the State of New York. 72 P� aas Article XVII-Adminstration ARTICLE XVII -- ADMINISTRATION -17.1 Statement of Intent The purpose of this Article is to provide procedures For enforcement of this Local Law. -17.2 General 1. Zoning Officer This Local Law shall be enforced by the Zoning Officer of the Town of Cortlandville, who shall be appointed by the Town Board. 2. All construction shall be in compliance with the New York State Uniform Fire Prevention and Building Code (current edition) and the National Electric Code (current edition.) -17.3 Building Permits 1. Required: a. Prior to start of excavation for either (b), (c), or (d) below. b. Prior to erection of all new structures. C. Prior to any structural alterations, additions or enlargement of existing structures. d. Prior to movement of structure from one location to another. 2. Not Required: a. For normal maintenance, painting, interior decorat- ing or landscaping. b. For accessory structures (such as dog houses, storage shed, or play houses) 100 SF in total floor area or less (such structure must be in compliance with this Local Law as to location and use or may be ordered removed). There shall be a limit of two(2) such structures without a permit. C. For signs less than 6 SF in size, (see Article XV) 3. Application Procedure a. Applicants shall complete and sign a building permit application form obtained from the Zoning Officer, for work requiring such permits. These may be signed by the owner or his authorized agent. 73 I Article XVII-Adminstration r� b. Each application shall copies minimum size of showing: be accompanied by three (3) 8 1/2" x 11" of a site plan (1) Dimensions of proposed building or structure. (2) Dimensions of the lot or parcel upon which the structure will be located. (3) Separation distances between the structure and the lot lines. (4) Other information if deemed necessary to determine compliance with this Local Law. C. A separate application is required for each structure on a single parcel. d. Each application for construction or use, not to be served by municipal water and sewer services, shall be accompanied by the written approval of the Cortland County Health Department showing design and location of septic system and/or well (this shall not be required for accessory structures, the occupancy of which does not involve a health hazard). e. Zoning Officer shall review application and attached data for compliance with this Local Law and will make a determination to: (1) Issue a permit if in compliance with this ordinance or (2) Refer to the Planning Board for Site Plan Approval or Conditional Permit or (3) Deny permit. due to conflict with this Local Law. f. Following the above determinations, the applicant may: (1) pay fee and obtain permit if approved or (2) Make application to the Planning Board for Site Plan Approval or Conditional Permit using the procedure outlined in Article XII. This application to the Planning Board may be made through the Zoning Officer or (3) Make application to the Zoning Board of Appeals f.or an interpretation or Variance in accordance with the procedures outlined in Article XVIII. This application to the 74 Article XVII-Adminstration Zoning Board of Appeals may be made through the Zoning Officer. 4. Fees for Building Permits $1.00 per $1,000 of construction value with a $5.00 minimum. 5. Expiration a. Permits issued shall be valid for one (1) year from date of issue. b. If construction has not begun at the end of this period a new permit shall be required. -17.4 Certificate of Zoning Compliance 1. Required for a. All new construction prior to use or occupancy. b. All altered, enlarged and moved structures prior to use or occupancy of altered areas, expansions or use at new locations. c. All existing structures and uses being changed to a new use prior to occupancy of new use. 2. Not Required for: a. Use of accessory buildings less than 100 square feet. b. Continued use of existing structure and/or land with continuing occupancy. 3. Procedure a. All Certificates of Zoning Compliance shall be issued. by the Zoning Officer. of the Town of Cortlandville. b. For new and altered structures, following completion of construction, the owner shall contact the Zoning Officer and request inspection. If construction meets with all Codes and Local Laws, and all special conditions required by the Planning Board or the Zoning Board of Appeals, the Zoning Officer shall issue a Certificate of Zoning 75 1 11 Article XVII-Adminstration -?�F Compliance to the owner for the specified use only. C. For changes in :use: (1) The owner or his agent shall contact the Zoning Officer and request a change in use on the existing structure or land. (2) The, Zoning Officer shall make a determination that: i. The proposed use is in compliance with this Local Law but requires no further review, or - ii. The 'proposed' use is in compliance with this Local Law but requires a Site Plan Approval, or The proposed use is in compliance with this Local Law but requires a Conditional Permit, or iv. The proposed use is, not in compliance with this.Local Law. (3) Following the above determinations, the owner may: i. Obtain a Certificate of Zoning Compliance from the Zoning Officer if after inspection of property, no violations of this Local Law are in evidence, or ii. Make ,application to the Town Planning Board for Site Plan Approval following procedures of Article XI (Applications may be made through the Zoning Officer), or iii. Make application to the Town Planning Board for a Conditional Permit following the procedures outlined in Article XII, or iv. Make application to the Zoning Board of Appeals for interpretation or Variance following the procedures outlined in Article XVIII. (Application may be made through the Zoning Officer). (4) If the Planning Board or the Zoning,Board of Appeals approves the Site Plan, Conditional Permit or Variance, a Certificate of Zoning Compliance shall be issued by the Zoning Officer, if after inspection of the parcel, no further violations of the Local Law are found, and if all conditions required by the Planning Board.and Zoning,Board of Appeals are complied with. 76 Article XVII-Adminstration (5) If all conditions required by the Planning Board or Zoning Board of Appeals are not met, the Zoning Officer shall not issue a Certificate of Zoning Compliance unless the owner posts a bond following the procedures of Article XVII. -17„5 Bonding in Lieu of Completion of Conditions 1. If the owner desires a Certificate of Zoning Compliance prior to meeting all conditions specified by the Plan- ning Board or Zoning Board of Appeals he shall make a new application for such certificate to the appropriate Board. 2. The application shall state the conditions not yet completed, reasons, expected date of completion and the estimated cost of completion. 3. The Board shall review the application and if through such review it determines that the request is justified, it shall instruct the Zoning Officer to issue a temporary Certificate of Zoning Compliance contingent upon the owner posting a bond or certified check payable to the Town of Cortlandville in an amount at least as much as the estimated cost of completion as determined by the Board. 4. A temporary Certificate of Zoning Compliance shall have a fixed expiration date set by the Board. 5. If on or before the expiration date of such temporary Certificate of Zoning Compliance all conditions have been met, the bond or check shall be returned to the owner and a permanent certificate issued. 6. If on the date of expiration of the temporary Certificate of Zoning Compliance all conditions have not been met, the owner shall be notified in writing and will have 45 days to respond as to the reasons for non- compliance. If there is no response or if the Board determines that the reasons are.not adequate the temporary certificate may be revoked or other suitable action may be taken as determined by the Board. If the Board determines that there is sufficient reason for delay, a new temporary certificate shall be issued and the Board may require a new bond and/or certified. check for a different amount than the original. 77 11 Article XVII-Adminstration,.;, 50 The Board may determine that a_portion of the conditions have been met and may reduce the bonded amount at its' discretion. `17.6 State Environmental Quality Review Act (SEQR) 1. Purpose a. Under SEQR certain actions and permit procedures require further review for environmental impact. b. SEQR procedures involve notifications of state and local agencies and determination of environmental significance. 2. Where required (The following list provides examples but is not all-inclusive): a. Conditional Permits b. Gravel and quarry permits c. Planned Unit Development d. Cluster Development e. Variances 3. Procedure a. For above actions applicants will include with permit application forms, a completed Environmental Assessment Form (EAF) which may be obtained from the Zoning Officer, who will make a preliminary decision as to the adequacy of the EAF. b. The reviewing Board will make a determination as to whether or not SEQR applies. c. A determination of type of action as defined by SEQR will be made. d. Reviewing. Board shall make determination of Lead Agency status as defined by SEQR. e. Lead Agency will determine whether or not action will have environmental significance or not. f . If not: Notice of same shall be filed with reasons for determination as required by SEQR. g. If yes: Notice will be filed and applicant requested to, prepare Environmental Impact Statement. 78 S ail Article XVII-Adminstration h. Further procedures are outlined under the NYS Environmental Quality Review Act. 79 I I Article XVIII-Zoning Board of Appeals ,? 3d 1 I ARTICLE XVIII ZONING BOARD'OF APPEALS `18.1 organization The Zoning Board'of Appeals shall consist of five members, all residents of the Town of Cortlandville, to be appointed by the Town Board for terms of five years in staggered terms. One member shall be designated by the Town Board to serve as Chairman. If a vacancy shall occur, the Town Board shall appoint a successor who shall serve for the unexpired portion of the term of his predecessor. -18.2 Duties and Powers The Zoning Board of Appeals shall have all the duties and powers conferred upon it by law and this Local Law, including certain duties and powers as follows: 1. To hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Officer charged with the enforcement of this Local Law, and to revise or affirm, wholly or partly, or modify such order, requirement, decision or determination making such order, requirement, or determination as ought to be made under the law and this Local Law.. 2. Upon said appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Local Law, to vary or modify the application of any of the regulations or provisions of this Local Law relating to the use, construction or alteration of buildings or structures, or the use of land, so that,the spirit of this Local Law shall be observed, public safety and welfare secured and substantial justice done. `18.3 Time Limitation on Ap lication for Permit or Variance Application to' the Zoning Officer for any Building Permit or Certificate of Zoning Compliance authorized by resolution of the Zoning Board of Appeals under whicha, permit or variance is granted, shall be made within sixty days from the date the resolution is filed with the Town Clerk. -18.4 Procedure 1. The Zoning Board of Appeals shall strictly comply with the requirements of law and this Local Law as to hearings, notice and procedure. It shall prescribe 80 d 33 Article XVIII-Zoning Board of Appeals such supplemental rules of procedure as it deems advisable. Each appeal or application made to the Zoning Board of Appeals shall be in writing and shall refer to the specific provision involved, setting .forth exactly the interpretation that is claimed, the use for which the permit is sought, or.the details of the variance that is applied for, and the grounds upon which it is based. 2. Every decision of the Zoning Board of Appeals shall be by resolution which sets forth the findings of the Board in the particular case. Each such resolution, together with all the documents pertaining thereto, shall be filed'in the office of the Town Clerk under one of the headings as follows: a. Interpretation b. Variance 3. The Zoning Board of Appeals shall notify the Zoning Officer of each variance granted and of each interpretation made under the provisions of this Local Law. -18.5 Notice The Town Clerk shall give notice of any application made under the provisions of this Article by mailing, at least five days prior to the hearing upon such application, post card notices of the substance of the application and the date, time, and place of the hearing to all owners of land which immediately adjoins the premises for which said application is made or which abuts the same street or streets as said premises and is within a distance of three -hundred feet, exclusive of street rights -of -way, of the exterior boundaries of the said premises, as the names and addresses of said owners appear on the last completed assessment roll of the Town but failure to comply with this section shall not invalidate any action taken by the Zoning Board of Appeals. 81 �l Article XIX-General ARTICLE XIX �,7 11 GENERAL `19.1 Statement of Intent This Article outlines general rules applicable to all Sections and Articles of this Local Law. -19.2 Breaches and Penalties A breach of this Local Law shall be a violation punishable by a sentence of a fine not to exceed 100 dollars, or of imprisonment not to exceed fifteen days, or both. Each week's continued breach shall constitute a' separate, additional violation. In addition, the Town Board shall have such other remedies as are provided by law to enforce the provisions of this Local Law. -19.3 Relation to Other Laws In their interpretation and application, the provisions of this Local Law shall be held to the minimum requirements, adopted for the promotion of the public health, morals, safety and general welfare. Wherever, the requirements of this Local Law are at variance with the requirements of any other lawfully adopted rules, regulations, statutes or ordinances, the most restrictive thereof, or those imposing the higher standards, shall govern. `19.4 Amendments The Town Board may, from time to time, on its own motion, or on petition, or on recommendation of the Planning Board, amend, supplement, change, modify or repeal this Local Law in accordance with the applicable provisions of law. -19.5 Repeal of Prior Local Law 1. The Town of Cortlandville Zoning Ordinance adopted October 2, 1968, and all the amendments thereto, shall.be, and hereby is repealed on and as of the effective date of this Local Law. 2. The adoption of this Local Law shall not affect or impair any permit granted, any act done, offense committed, or right accrued or acquired, or liability, penalty, forfeiture or punishment incurred prior to the effective date of this Local Law, or under any prior Zoning Local Law of the Town of Cortlandville; but the same may be enjoyed, ascertained, enforced_, prosecuted or inflicted as 82 )3S- Article XIX-General fully, and to'the same extent, as if this Local Law had not been adopted; and all actions and proceedings commenced under or by virtue of such prior ordinance and pending at the time this Local Law takes effect, may be prosecuted and defended to final effect, in the same manner as they might have been if this Local Law had not 'been adopted. -19.6 Savings Clause The invalidity of any section shall not invalidate any other it. -19.7 Effective Date or provision of this Local Law section, provision or part of This Local Law shall take effect in accordance with the provisions of Section 264 of the Town Law.dnd immediately upon filing in the Office of the Secretary of State. 83 [l Page 34 Wednesday, March 19, 1986 Page 200 of the 1986 Minute Book RESOLUTION #95 ADOPT LOCAL LAW NO. 2 FOR 1986 -DEFENSE AND INDEMNIFICATION OF TOWN OFFICERS AND EMPLOYEES Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED ® WHEREAS resolution #187, adopted by this Town Board on November 4, 1981, provided indemnification and defense of public officers and employees for acts performed in their service as permitted by Chapter 222 of the Laws • of the State of New York, effective on June 22, 1981, and WHEREAS changes in the state law now permit municipalities to indemnify employees acting in good faith for civil discrimination and criminal litigations, and WHEREAS, a Public Hearing was held on March 19, 1986, at the Town Hall, pursuant to Town Law, Section 264, concerning proposed Local Law No. 2 for the year 1986, providing for indemnification and defense of public officers and employees in civil discrimination and criminal litigations, therefore BE IT ENACTED by the Town Board of the Town of Cortlandville the adoption of Local Law No. 2 of 1986. C '(133 �J (Please Use this Forn for Filing your Local Law with the Secretary of State) 'text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. x�ts�tx UVVx of CORTLANDVILLE ................................................................................................... Town �#�iatp�X Local Law No.....................2................................... of the year 19-E.6.... A local law PROVIDING FOR THE D. .ZN.$.B..AND ... JLJD.F.[N.IE.ICAT1QbI...QF....T�O.WN...OFFIC OFFICERS AND ................................. EMPLOYEES IN CIVIL ACTIONS OR PROCEEDINGS, AND FOR THE DEFENSE AND REIMBURSEMENT OF DEFENSE COSTS INCURRED BY OR ON BEHALF OF TOWN OFFICERS AND EMPLOYEES IN CRIMINAL ACTIONS OR PROCEEDINGS. Be it enacted by the ......................TOWN BOARD ....................................................... of the .................................................... (Name d Legislative Body) ` r- of .................................. CORTLANDVILLE as follows: ........................................................................................................... Town xvidw SECTION 1. Definitions. As used in this local.law, and unless the context otherwise indicates, the term "employee" shall mean any person holding a position by election, appointment or employment in the service of the Town, whether or not compensated, or a volunteer expressly authorized to participate in a town -sponsored volunteer program, but shall not include an independent contractor; and the term employee shall include a former employee, his estate or a judicially appointed personal representative. SECTION 2. Defense and indemnification of town officers and employees in a civil action or proceeding. 1. The Town of Cortlandville hereby confers the benefits of the provisions of section 18 of the Public Officers Law upon all town officers and employees(heretofore also provided by Resolution No. 187 in 1981). 2. The Town shall also provide for the defense of any town officer or employee in any civil action or proceeding arising out of any alleged act or omission in which it is alleged that the officer or employee has violated the civil rights of the claimant, petitioner or plaintiff under sections 1981 and 1983 of the U.S. Civil Rights Act, and the Town shall indemnify and save harmless such officer or employee in the amount of any judgment or settlement of claim obtained against such officer or employee. Such legal defense and indemnification shall be provided where the officer or employee at the time of such alleged act or omission was acting in good faith and within the scope of his public employment, powers or duties. The provisions of this section shall be in addition to any other statute, local law or enactment providing legal defense and indemnification in civil actions brought against such officer or employee. W(lf additional space is needed, please attach sheets of the same size as this and number each)-" Page 1 �yo Section 3. Defense and reimbursement of defense costs incurred by or on be a o a town o icer or employee in a crimina ac ion or procee ing. 1. To the extent permitted by law, the Town shall provide for the defense of any town officer or employee who is charged in a criminal action or proceeding with a crime or other offense, provided the officer or employee at the ,time of the alleged crime or offense was acting in good faith and within the scope of his public employment, powers or duties. 2. (a) Upon compliance by an employee with the provisions of subdivision 3 of this section, and subject to the conditions set forth in -paragraph (b) of this subdivision, it shall be the obligation of the Town to pay reasonable attorneys fees and litigation expense incurred by or on behalf of an employee in his or her defense of a criminal action or proceeding in a state or federal court arising out of any act which occurred while such employee was acting in good faith and within the scope of his public employment or duties upon his acquittal or upon dismissal of the criminal charges against him, or reasonable attorneys fees incurred in connection with an appearance before a grand jury which returns no true bill against the employee where such appearance was required as a result of any action which occurred while such employee was acting in good faith and within the scope of his public employment or duties unless such appearance occurs in the normal course of the public employment or duties of such employee. (b) Upon receipt of an application for reimbursement for reasonable attorneys fees or litigation expenses or both made by or on behalf of an employee as provided in subdivision three of this section, the Town Board, shall determine, based upon its investigation and review of.the facts and circumstances and in consultation with its legal adviser and other agencies as may be appropriate, whether such reimbursement shall be paid. The Town Board shall notify the employee in writing of its determination and upon determining that such reimbursement should be provided, reimbursement shall be made for such fees or expenses or both upon audit and approval of the Town Board. Any dispute with regard to entitlement to reimbursement or the amount of litigation expenses or the reasonableness of attorneys fees shall be resolved by a court of competent jurisdiction upon appropriate motion or by way of a special proceeding. 3. Reimbursement of reasonable attorneys fees or litigation expenses or both by the Town as prescribed by this section shall be conditioned upon (a) delivery to the Town Clerk by the employee of a written request for reimbursement of expenses together with, in the case of a criminal proceeding, the original or a copy of any accusatory instrument within ten days after the employee is arraigned upon such instrument or, in the case of a grand jury appearance, written documentation or evidence of such appearance and (b) the full cooperation of the employee in the defense of any action or proceeding against the Town upon the same act and in the prosecution of any appeal. 4. Except as otherwise specifically provided in this section, the provisions of this local law shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Town or any other level of government, or any right to defense and/or indemnification provided for any governmental officer or employee by, in accordance with, or by reason of, any other provisions of state or federal statutory or common law. Section 4. Separability. If any provision of this local law or the application thereof to any person or circumstance be held unconstitutional or invalid in whole or in part by any Court of competent jurisdiction, such holding of unconstitutionality or invalidity shall in no way affect or impair any other provision of this local law or the application of any such provision to any other person or circumstances. Section 5. Effective date. This local law shall take effect inaccordance with the provisions of the municipal Home Rule Law.. M Wednesday, February 4, 1987 Page 35 Page 22 of the 1987 Minute Book RESOLUTION 440 ADOPT LOCAL LAW NO. 1 FOR 1987 - ZONING CHANGE REQUEST - NEAL STEARNS Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED ® WHEREAS, a request was received by Zoning and Code Enforcement Officer, Bruce Weber, from Neal Stearns, for a zoning change, and WHEREAS, this request was forwarded to the Cortland County Planning Board, and approved per Resolution No. 69 of 1986, adopted December 17, 1986, and WHEREAS, this request was forwarded to the Cortlandville Planning Board, and approved per Resolution No. 94• of 1986, adopted December 30, 1906, and WHEREAS, a Public Hearing was held on January 21, 1987, at the Town Hall, pursuant to Town Law, Section 264, providing for said zoning change, therefore BE IT RESOLVED, that Local Law No, i -for 1987 is hereby passed and enacted in the following forme PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO, 1 FOR THE YEAR 1986 Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land known as Cortlandville Tax Map Parcel No. 77.00- 03-08.000 (Neal R. Stearns) from "Residential R-1" to "Business" zone designation. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. Is 1 1- 191Y 6-1 Wednesday, February 4, 1987 Page 36 Page 23 of the 1987 Minute Book RESOLUTION #41 ADOPT LOCAL LAW NO. 2 FOR 1987 - ZONING CHANGE REQUEST - ROGER BECK Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a request was received by Zoning and Code Enforcement Officer, Bruce Weber, from Roger Beck, for a zoning change, and WHEREAS, this request was forwarded to the Cortland County Planning Board, per Resolution No. 70 of 1986, adopted December 17, 19B6, and WHEREAS, this request was forwarded to the Cortlandville Planning Board, and approved per Resolution No. 93 of 1986, adopted December 30, 19B6, and WHEREAS, a Public Hearing was held on January 21, 1987, at the Town Hall, pursuant to Town Law, Section 264, providing for said zoning change, therefore BE IT RESOLVED, that Local. Law No. 2 for 1987 is hereby passed and enacted in the following form: PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO. 1 FOR THE YEAR 19B6 Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for -the Year 1986 is hereby amended by changing a portion of the parcel of land known as Cortlandville Tax Map Parcel No. 77.00-03-03.000 ( Roger Beck ) -From "Residential R- 1" to "Business" zone designation. The portion of said parcel so changed is described as follows: BEGINNING at a point in the north boundary line of the Town of Cortlandville where said line is intersected by the easterly boundary line of Cortlandville tax parcel 77.00-03-03.000; running thence west along said Cortlandville Town Line a distance of 240+/- feet to a point; running thence southerly a distance of 400 +/- feet to a point in the right of way of N.Y.S. Route 13; running thence northeasterly along said right of way a distance of 260+/- feet to a point where said right of way is intersected by the easterly boundary line of said tax parcel; running thence northwesterly along the easterly line of said tax parcel a distance of 240+/- feet to the point of beginning. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 1t e Wednesday April i71987 Page 50 of the 1987 Minute Book Page 37 RESOLUTION ##77 LOCAL LAW NO.3 OF 1987 PROVIDING FOR THE AMENDMENT OF LOCAL LAW NUMBER TWO FOR THE YEAR 1983 AND THEREBY CHANGING REGULATIONS IN FLOOD HAZARD AREAS Motion by Councilman Seconded by Councilman VOTES-. ALL AYE ADOPTED BE IT ENACTED, by the Town board of the Town of Cortlandville as follows: SECTION 1. Local Law Number 2 for the Year 1983 for the town of Cortlandville is hereby amended at Section 2.0 by deleting in full the following specific terms and their definitions: "Existing Mobile Home Park or Mobile Home Subdivision "Expansion to an existing mobile home park for mobile home subdivision "Lowest Floor" "Mobile Home" "Start of Construction" "New mobile home park or mobile home subdivision" SECTION 2. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended at Section 2.0 by adding the following terms and their definitions in their alphabetical placement within the existing list of term: "Lowest Floor" means lowest level including basement of cellar of the lowest enclosed area. An unfinished for flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other that a basement is not considered a building's lowest floor; provided, that an 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 similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. This term also includes all additions made subsequent to installation and appurtenant structures thereto. "Mobile Home" See "Manufactured Home" .9S 0 LOCAL LAW NO. 3 Page 38 "Start on Construction" means the initiation, excluding planning and design of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings., piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes the "actual start: means affixing of the manufactured home to its permanent site. SECTION 3. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by deleting subdivision (3) of Section 5.2-3. SECTION 4. Local Law Number 2 for the Year 1983 for the Town of Cortlandville is hereby amended by adding the following sentence of Section 4.1: Applications for new and substantially improved structures shall also include the elevation of the proposed lowest floor (including basement). SECTION 5. Local Law Number 2 for -the Year 1993 for the Town of Cortlandville is hereby amended by adding a new subdivision (3) to Section 5.1-2 to read as follows: (3) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood Forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings (nay be equipped with screen, louvers, or ® other coverings or devices provided that they permit the automatic entry and exit of floodwaters. n LJ SECTION 6. Local Law Number 2 for the Year 19e3 for the Town of Cortlandville is hereby amended by changing the last two lines of the paragraph immediately preceding subdivision "i." of Section 5.2-3(2) -to read as follows: in a mobile home park or mobile home subdivision, and for placement of manufactured homes in existing parks, require that: SECTION 7. This Local Law shall take effect in accordance with the Municipal Horne Rule Law. o�5,,7 Wednesday April 1, 1987 Page 39 Page 52 of the 1987 Minute Book RESOLUTION ##78 ADOPT LOCAL LAW NO. 4 OF THE YEAR 1997 PROVIDING FOR THE AMENDMENT OF LOCAL LAW NUMBER ONE FOR THE YEAR 19B6 AND THEREBY CHANGING • REGULATIONS IN FLOOD HAZARD AREAS AND DEFINITIONS INCLUDING MOBILE HOMES ; AND ESTABLISHING FEES FOR PREMITS AND VARINACES • Motion by Councilman Seconded by Councilman VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended at Section 1.2 (3.) by deleting in full the following specific terms and their definitions: "Start of Construction" "Existing Mobile Home Park or Mobile Home Subdivision "Expansion to an existing mobile home park or mobile home subdivision "Mobile Home Park" "House Trailer Park" "New mobile home park or mobile home subdivision" "Lowest Floor" "Mobile Home" SECTION 2. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended at Section 1.2 (3.) by adding the following terms and their definitions in their alphabetical placement within the existing list of term: "Lowest Floor" means lowest level including basement of cellar of the lowest enclosed area. An unfinished for flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other that a basement is not considered a building's lowest floor; provided, ® that an 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 similar transportable structures placed on a site -for 18o consecutive days or longer and intended to be improved property. This term also includes all additions made subsequent to installation and appurtenant structures thereto. "Mobile Home" See "Manufactured Home" Local Law No.4 Page 40 "Start on Construction" means the initiation, excluding planning and design of any phase of a project, physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways; excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes the ® "actual start; means affixing of the manufactured home to its permanent site. SECTION 3. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended by deleting subdivision (3) of Section 13.7 (1.)m SECTION 4. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended by adding the following sentence to Section 13.6 (1.): Applications for new and substantially improved structures shall also include the elevation of the proposed lowest floor (including basement). SECTION for the Town 5. Local Law Number 1 for the Year 1986 of Cortlandville is hereby amended by adding a new subdivision (3) to Section 13.7 (b.) to read as follows: (3) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to floodings shall be designted to automatically equalize hydrostatic flood forces on exterior wall by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer for architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less that one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings • shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. SECTION 6. Local Law Number 1 for the Year 1986 for the Town of Cortlandville is hereby amended by changing the last line of the 7�-/� = �mr Wednesday July 22, 1987 Page 41 Page 100 of the 1987 Minute Book RESOLUTION #132 ADOPTION OF LOCAL LAW NUMBER 5 FOR THE Motion by Councilman Rocco Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land bordering Hoy Road and known as Cortlandville Tax Map Parcel No. 85.00-01-38.12 (29.13± acres) (William H. McDermott) from "Agriculture" to "Residential R-1" zone designation. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 0 Wednesday November- 20, 1997 Page 147 of the 1987 Minute Book Page 42 RESOLUTION #182 ADOPT LOCAL LAW NO.6 ZONING CHANGE LUKER ROAD - NCC INDUSTRIES Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from NCC Industries for a zoning change on Luker Road and approved per resolution #173 of 1987, and WHEREAS, a Public Hearing was held on November 20, 1987, at the Town Hall, pursuant to Town Law, Section 264, providing for said zoning change, therefore BE IT RESOLVED, that Local Law No.6 for 1987 is hereby passed and enacted in the following form: PROVIDING FOR A ZONE CHANGE OF THE PARCEL OF LAND BORDERING LUKER ROAD AND KNOWN AS CORTLANDVILE TAX MAP PARCEL. NO. 95.00-01-15.2 FROM R-1 TO INDUSTRIAL SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1.9B6 is hereby amended by changing the parcel of land bordering Luker Road and known as Cortlandville Tax Map No. 95.00-01-15.2 (24.73± acres) (Joseph and Benny Gunzenhauser) from "Residential R-1" -to "Industrial" zone designation, Said zone change shall be entered upon said Zoning Map SECTION 2. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the one acre triangular parcel adjoining the center portion of the parcel described in Section 1, which one acre parcel is known as a portion of Cortlandville Tax Map No. 95.00- 01.-20.00 (Joseph and Benny Gunzenhauser) from "Business" to "Industrial" zone designation. • Said zone change shall be entered upon said Zoning Map. ® SECTION 3. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 6 Wednesday May 18, 1988 Page 43 Page 249 of the 1988 Minute Book RESOLUTION #142 ADOPT LOCAL LAW NO.1 FOR 19ee, AS AMENDED, PROVIDING FOR AN AMENDMENT TO'L'OCAL LAW NO.1 FOR 1986, THEREBY CREATING AN - AQUIFER ' PROTECTION DISTRICT IN THE TOWN'OF CORTLANDVILLE Motion"by Councilman Rocco Seconded by Councilman O'Donnell A Roll Call Vote was taken Supervisor Pierce aye Councilman Thorpe - Councilman O'Donnell aye Councilman Rocco aye Councilman Testa aye ADOPTED - BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: I SECTION 1.- Local--LawNumber 1 for the year 1986 is hereby amended at Section 21-.-by adding the following: 7. Aquifer Protection District SECTION 2. Definitions Local'`'Law Number '1 -for the year 1986 is hereby amended at Section 1.2(3) by deleting the term and definition of "DEVELOPMENT" and by adding the following terms and their definitions in their alphabetical placement within the existing list of terms: AQUIFER - A saturated, permeable geologic material capable of yielding sufficient amounts of water to wells and springs. AQUIFER PROTECTION DISTRICT"MAP - The Aquifer Protection District Map shall be the official -,map adopted by the Town of :Cortlandville- and delineated to -indicate that area of the Town 'of, Cortlandville underlain by any aquifers which now serve acid/or in the -future may -.serve as the• water supply for the -Town of-Cortlandville., - BULK STORAGE - Materials stored in large quantities which are usually dispensed in smaller units for use or consumption. CONTAMINATION - The degradation of natural water quality as -a result of human"activities to the extent that its usefulness is impaired. .-s DEVELOPMENT - Any -man-made changes --to -improved or unimproved real estate, including but not -limited to, the construction of buildings, reconstruction of buildings, dredging, filling, mining, grading, consti-uct;ion of tanks or other storage facilities, pumps, —pumping -'stations, waste treatment or disposal facilities or commercial excavation. -, - DISCHARGE - The disposal, deposit, injection, dumping, spilling, leaking, or release by any other means of a substance to the surface or subsurface of the ground, surface waters or groundwater. Local Law No. 1 for 1988 Page 44 HAZARDOUS MATERIAL - Any substance found listed in either 40 CFR Part 261, 40 CFR Part 302, or 6 NYCRR Part 371, alone or in combination, including but not limited to petroleum products, organic chemical solvents, heavy metal sludges, acids with a pH less than or equal to 2, alkalies with a pH greater than or equal to 12.5, radioactive substances, pathological or infectious wastes or any material exhibiting the characteristics of ignitability, corrosivity, reactivity or EP toxicity. LINEAR DISTANCE - The shortest horizontal distance from the nearest point of a structure or object to the boundary of any protection area, or to the margin or steep bank forming the normal high water line of a watercourse. SOLID WASTE DISPOSAL FACILITY - Any facility used for solid waste disposal, including but not limited to sanitary landfills and dumps but not including disposal areas for inert debris. TOXIC SUBSTANCE - Any compound or material which is, or may be, harmful to human health as defined by Section 4801 - Subdivision 2 of the New York State Public Health Law. WATERCOURSE - Any river, stream, spring, wetland, pond, lake reservoir, or channel of water or any man-made culvert which flows directly into one of the aforementioned. SECTION 3. Local Law Number 1 for the year 1986 is hereby amended to provide for Section 2.2 to read as follows: 2.2 Zoning Map The boundaries of the Districts are established as shown on the map entitled "Zoning Map" in this Local Law except that the Aquifer Protection District is set forth on the Aquifer Protection District Map filed with the Town of Cortlandville. Reference is also made to Section 13.3(2.) of the Town Zoning Law herein concerning the filed plan and maps for Flood Hazard Areas. The Zoning Map, including any explanatory material on it, is made a part of this Local Law. The Town Clerk shall certify the Zoning Map as part of this Local Law and keep it on file in the clerk's office. Any changes in district boundaries or other matter shown on the Zoning Map shall be made on the certified Zoning Map. The Local Law making any change shall provide for its entry upon the Zoning Map. SECTION 4. Local Law Number 1 for the year 1986 is hereby amended by adding, after the entire Article VIII, a new Article VIII-A to read as follows: s 0 ialTw aawnbs (T) allC Ueqj JaqeajB 4W4W leaJe Us aAeq ITIT pus isllam junpTAIPUT JOY Aa4eM 10 anAnos "UnOTITU51sa so a^Aas "TT iAlddns naqem oTlqnd go aDinos a so pesn aq ol jvT4uaqod aqq aAeq AeW qDTqM jwTWa4.W alquawnad ATa4enapow go pasodwon ans T. cqDTqm 4nq Alddns ja4em nllqnd go saninos se pawn AlaATSUa4UT 4aA 3ou seme jalTnbe aAT4nnpojd Allel4um4od U tapnInuT lleqs 'paquaUTIap so leeiv aagInbU jedTDuj,j aqj eajV AajTnbW ledynuTij 'II saiv (2) -saTjwpunoq eawV oalTMV AanwInd aq4 uTq4Tm (Mal UOj4eA1aSUO3 aqw4S 110A MaN aqq 10 LOT UOTIDaS 102 ajDT4nV Aq pauTlep se) spunl4am bulpninuT 'joajaqQ. suoTqjod jo ja4em anegins go salpaq AuW -q "sllam junpTATPUT 5UjpnjWB 4nq saT;jjoq4ne. ja4em pus sjojjqsTp jalem isaluedwaD laq,M a).vAlld 'SWa4SAS Wa4VM IndTnjunw buTpnIDuT suossad 000"S unn Aa4ewb suoTqwjndod aAAaS qDTqm pus saTIddns ta4sm oTlqnd so 4uawdojaA0P 4UTDj,jUbTS amboapun eAO(4 qDTqm smaAs zalTnb? alquawaad ATqbTq asoqj F jjwqs 1pa4wauT1ap so leazV na,TMV AnewTod-aqj eajV,ja,TnbV AjowTid :I va"W () :smallog se seaje aBjeqpai quenTlIuBis 4sow s,jayInbe aq4 pus 'jaAjnbe. qmns..aAoqe,puel aqj• 'jagInbe Aue go 4sTsuon qnjqm.swaje. uollw4oid _tag InK.- ule;jam 'aIjTApUeQAO3. 10 UMOj aq4 ujqZTm paqsTlqeysa Aqajaq aAw ajaqq "4njjqsjp slqq go sasodand aq4 wo,_1 04, D T -it 14. -S- T a U01,50400, .-j 71111"oU uw--go —Got4eaullaa put quawqsTlqwqs3 E"V 8 - A I We lleqs suoT4,Inbai e q 4 1sUOT4UInba.-1 bujIsTm jaq4o Aue pus suoTqTjn5aA lequawalddns asaq4 uaam4aq asTly s"OTIJUOD alaqM.SaSUD. Aus ul 14DT14STF) STqq 10 SUOISIAOid aq4 Ile oq joafqns.pa4qjwjad aq lleqs Pj.jJaAO OS SjDjJ4Sjp aq4 '0 suoT4jod aq4 uT pa441wiad Sasn AuV "s4DTJTsTP 5UTUOZ naq4o -EuTAuTJaAO SI-1 pajaplsuan aq lleqs 4njj4sja uoj4ma4ojd jajjnbV aqj . XjjAWQQnV pus adonS 2"V 8 'aTjjApUeQJQ3 jO UMOj_ aqq go Alddns jaqwm aw4nj pus 4uasaid aqq zo, Aiessanau an paj,TquapT snalInbs Auk go uoTqeujwejuoD aq-4 ol a4nqjAjuoD 101W qDTqm Sasn PUM 5UT1.>•_Inba! (T) vAq paqsTjdwonnw aq oq sT syql -Alddns ja4mm 5u,juTip Aq4lpaq pus ages a ainsua o4 napno uT saDinosaj nalumpunoib s,umoq aq4 go QT4uwnb put QTjenb aq4 Wwasand o4 ials"Jam 1.1auab PUP 'Alayss 1qq1waq njjqnd go qsawaquy an UT IST 4DW14STa UOT4w4ond walTMU aqq go 4ua4uT pus asodand aq-L j.U,Tlul --P-5 T " V. e gt abed IDIMSIG N01133104d AWIDOV U-111A 31311mv 886T JOY T *ON Mul IeOO-1 �� ��`/�� Local Law No. 1 for 1988 Page 46 b. Areas which provide significant recharge to primary aquifers but which are not composed of aquifer material; c Any bodies of surface water portions . er or por ons thereof including wetlands (as defined by Article 24, Section 107 of the New York State Conservation Lai) within th&Princi alAuifer Area; (3) Area III: Tributary Watershed Area The Tributary Watershed Area as delineated, , shall include land outside the aquifer area that may contribute runoff overland and/or through surface - streams for groundwater recharge. (4) Wellhead Protection Areas In addition to the aquifer protection areas described herein, boundaries for Wellhead Protection Areas (WPAs) shall be delineated by the State of New York as part of the Wellhead Protection Program required under Section 1428 of the Federal Safe Drinking Water Act Amendments of 1986. The Wellhead Protection Program, including WPA delineation, must be submitted to the United States Environmental Protection Agency (U.S. EPA) by June 19, 1989, and U.S. EPA approval or disapproval of the program shall be made within nine months of that date. Implementation of a New York State Wellhead Protection Program shall occur no later than the year 1991. Wellhead Protection Area boundaries are expected to become incorporated into Watershed Rules and Regulations under jurisdiction of the State and County Health Departments. Upon delineation of the Wellhead Protection Area boundaries for the Town of Cortlandville and subsequent EPA approval, they shall become separate Wellhead Protection Areas under this Article and shall be subject to all rules and regulations pertaining thereto. The boundaries of the Aquifer Protection District and the aquifer protection areas reflect the best hydrogeologic information available as of the date of the map. Where these bounds are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. At the request of the owner(s), the town may engage a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) for the entire cost of the investigation. 8 A.4 Permitted The following uses are permitted within the Aquifer Protection District provided that all necessary permits, orders or approvals required by local, state, or federal law shall have been obtained: Local Law No. 1 for 1998 Page 47 (1) Areas I, II, and III: Primary and Principal Aquifer Areas; Tributary Watershed Area All uses currently permitted under the Cortlandville Zoning Law and Map are permitted in the Aquifer Protection District subject to the provisions of I this Article. � is (2) Nonconforming Uses Notwithstanding any other provision herein, a nonconforming use within theAquifer Protection District may be continued and maintained so long as it remains otherwise lawful. No such use shall be enlarged, altered, extended, or operated in any way which increases its threat to groundwater quality or otherwise contravenes with the purpose and intent of this Article. In the event that a nonconforming use has ceased for a consecutive period of one (l) year or for eighteen (18) months during any three (3) year period, such nonconforming use may not be resumed except in conformity with, the provisions of all districts within which it is located. . As with the other zoning districts, all provisions of Article XIV shall apply in the same manner to the provisions of the Aquifer Protection District. 8 A.5 (1) Prohibitive Uses and Activities a. The discharge, land application or disposal of any hazardous material, toxic substance or radioactive material. b. The production or processing of bulk quantities of any hazardous material or toxic substance is prohibited. C. i. The open storage of pesticides, herbicides, fungicides and artificial fertilizers within fifty (50) feet linear -distance of any watercourse in Area III is prohibited; ii. The open storage of pesticides, herbicides, or fungicides is prohibited in Areas I and II; All storage of such material is prohibited unless any necessary authorization has been obtained from the New York State Department of Environmental Conservation as provided in Article 33 of the —New York State Environmental Conservation Law; . ' d. Thedumping or disposing of snow or ice collected offsite from roadways or parking areas into or within fifty (50) feet linear distance of any watercourse; R. i. The open storage of coal or chloride salts within fifty (50) feet linear distance of any watercourse in Area III is prohibited; 1��� � w~/ Local Law No. 1 for 1988 Page 48 ii. The bulk storage of coal or chloride salts is prohibited in Areas I and II except in a water -tight ventilated structure constructed on an impervious surface. Any outside area used for loading, handling, or mixing shall be designed so as to prevent seepage and runoff from entering the groundwater or any watercourse; I f. Any form of underground injection of hazardous materials or toxic substances is prohibited; g. Gas stations, solid waste disposal facilities and junkyards are prohibited in Areas I and h. Single family houses using septic tanks on lots of less than 30,000 feet are prohibited. i. i.Two family houses using septic tanks on lots of less than 45,000 square feet are prohibited. ii. All plans for two family houses using septic tanks require the approval of the Cortland County Health Department. j. Multi -family houses using septic tanks are prohibited. k. All prohibited uses and activities associated with industrial development as per Article 12.5 of the Town Zoning Law; I l. The use of septic system cleaners which contain toxic substances or hazardous materials. m. The disposal of toxic substances or hazardous materials by means of discharge to a septic system. (2) Other Regui-emenQ a. Petroleum Bulk Storage Facilities installed above and below ground require permits and are subject to compliance with those standards described in Articles XIX, XX and XXI of the Sanitary Code of the Cortland County Health District. b. Bulk storage of toxic substances or �m~ hazardous materials is subject to compliance with Article XVIII of the Sanitary Code of the Cortland County Health District. C. Quarries, gravel mining and excavations are permitted in accordance with Article 16.3 of the Town Zoning Law except where on -site activities violate the provisions of Sections 8 A.5 and 8 A.6 herein. Local Law No. 1 for 19B8 Page 49 . Operations which commence on or after the effectivedate of these regulations shall install -a minimum of one (1) 'groundwater monitoring well ina direction upgradient from on -site activities and'one (1) groundwater monitoring well in a direction downgradient from on"site activities^ The -specific location of these groundwater monitoring wells shall be determined by a professional geologist, hydrogeologist; engineer, or ��� other�� �qualified expert trained: and experienced in ��� hydrogeology. . ' Frequency of required- water ` quality sampling from monitoring -wells shall be -determined on�a site -specific basis. . ` ' ', I � .Access to monitoring wells -shall' be provided to employeespof' :the Cortland County Health Department for purposesrof any additional water quality samplingdeemed appropriate. :` d. Vehicular servicing, including but not limited to, automotive repair stations, body shops and rustproofing operations, is allowed within the Aquifer Protection District provided that the following requirements are met: I I ' I ' '­: : i^ - Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit:separating tank. ii. Wastes collected in a holding tank must be ' disposed of� through a licensed waste hauler. � � , ' � . :. I !iii. Waste degreasing solvents must be stored`in drums or. a holding tank and disposed of through a licensed waste hauler. � iv. 'Waste oi1,must be stored in tanks or drums for disposal by a licensed waste hauler. V. Storage facilities for tanks and/or drums require coated concrete floors andzdikes to,retain accidental spills or leaks; a permanent roof to protect tanks or drums and�to prevent precipitation` from entering dikes. Drums -should :be sealed,;.anditanks and drums must be located away from floor drains. ^ vi" Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position on racks. vii. Potentially contaminated — scrap, including but not limited to scrap parts, batteries and used filters� shall be stored -in proper 'containers to prevent environmental release of ;contaminants. ' e. ' i. Application of pesticideso herbicides, fungicides, or chemical fertilizers -shaMbe performed in accordance with theirecommendations:and label of -the manufacturer. '5 1 3. Z 7 � ii. Property.7owners./who 'enlist the services of a - commercial pesticide, fungicide, or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Conservation. Local Law No. 1 for 1988 Page 50 f. Conversion of a one family house using a septic tank to a two family house using a septic tank requires the approval of the Cortland County Health Department. g. Site plans for all proposed industrial and commercial uses shall be accompanied by a detailed and complete description of the anticipated uses and their operation as per Article XI of the Town Zoning Law. h. Dry wells connected to drains from buildings require the approval of the Cortland County Health Department. i. Whenever there is a question as to the groundwater contamination potential of a proposed use, the expert opinion of the United States Environmental Protection Agency (U.S. EPA), the New York State Department of Environmental Conservation (NYS DEC), and the State and County Health Departments may be requested. 8 A.6 Permits Any use of property within the Aquifer Protection District shall be permitted only upon obtaining a special permit from the Town Board of the Town of Cortlandville when the use- ( I ) Violates or does not meet any of the provisions of Section 8A.5 herein; (2) Is a development, other than residential, of real property exceeding $150,000 in development cost; (3) Is a use that anticipates an average daily on site water consumption exceeding 50,000 gallons per day (gpd). 8 A.7 Applicants for a special permit to develop in the Aquifer Protection District shall submit the following: (1) Name, address and telephone number of the applicant; (2) If the applicant is a corporation, the name, address and telephone number of all the corporate officers and directors. (3) A map and report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of sanitary wastes, storm water wastes, process wastes, toxic substances and hazardous materials, solid wastes and incidental wastes within the property boundaries of the business or commercial establishment. 0 0 0 ~~" Local Law No. 1 for 1988 Page 51 (4) a. When the use of toxic substances or hazardous materials averages an amount equal to or in excess of 55 liquid gallons per month or 500 pounds dry weight per month, the applicant must provide for any design features, operating plans, and any other protection measures as the Town Board' deems appropriate and sufficient to prevent and/or monitor groundwater contamination especially in the event of a potential leak of spill of these substances b. When the use of toxic substances or hazardous materials averages less then 55 liquid -gallons per month or 500 pounds dry weightper month, and when the project is determined to have apotential negative impact on groundwater quality, the Town Board'may demand the applicant to provide for any and all design features, operating plans, and/or such other protection measures as per 8 A.70a.) above. (5) B. When storage oV toxic substances or hazardous materials at any one time is equal to or exceeds a total of 220 liquid gallons or.a total of 2000 pounds dry weight, the applicant must provide for any and all design features, operating plans, and such other additional protection measures as the Town Board may require to prevent and/or monitor groundwater contamination especially in the event of.a potential leak or spill of these substances. b. When storage of toxic substances or � hazardous materials at any one time is less than a total of 220 liquid gallons or a total of 2000 pounds dry weight, the Town Board may demand the applicant to provide for any and all design features, operating plans, and such other additional protection measures as per 8A.7(5a.) above. (6) Such other nonproprietary information as the Town Board shall request in order to have all facts before it prior to making their decision. (7) Copies of any permits and applications to any other government agencies. (8) List of all toxic substances or hazardous materials known to be used or stored on the premises together with sufficient detail to appraise the Town Board of the method of storage and the amount of toxic substances or hazardous materials on the premises. (9) Method of disposal of toxic substances or hazardous materials. (10) A full report regarding the use and storage of all toxic substances and all hazardous materials. 8 A.8 The Town Board shall refer an application for such Special Permit to the Town and County Planning Boards for comments prior to the Town Board's decision. Where appropriate and not inconsistent with this Article, the Town Board shall follow the procedures, including application fees and General and Additional Specific Requirements, set forth in Article XII of the Town Zoning Law, Conditional Permit. � /"O �u'| Local!aw No. 1 for 1988 -p�ge 52 A public ' hearing sh'all be held in reg`.dsto granting such qpecial Per'i't a�d' not�(ff'e of thepubl-ic hearing in regard to the granting of such Special Permit shall be published in the official town newspaper not more than twenty (20) days and not less than ten (10> days before the date of such public hearing. All uses specified in Sections 8 A.5 and 8 A.6 above which would be subject to a Special Permit, except for the fact that when such uses are governmental entities, they shall nevertheless be subject to the public hearing requirements of this Section, and shall file an Environmental Assessment Form which shall be reviewed by the Town Board of the Town of Cortlandville in accordance with the provisions of the New York State Environmental Quality Review Act. 8 A.9 Issuance of' SoRcial Permit (1) The Town Board may grant the Special Permit, deny the Special Permit or grant the Special Permit with stated conditions. (2) In the event that a Special Permit is granted or granted with stated conditions, it shall be a requirement that the applicant use the best available means to prevent the contamination of the groundwater and the aquifers of the Town of Cortlandville. This shall be a continuing requirement. 8 A. IC) Where a Special Permit has been previously issued, a change in use requires application for a new Special Permit. 8 A.11 In accordance with Section 268.(1.) of the New York State Town Law, a violation of this Article VIII-A is hereby declared to be an offense, 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 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. Each week's continued violation shall constitute a separate additional violation. SECTION 5. Local Law Number 1 for the year 1986 is hereby amended to provide for Section 12.1(1). to read as follows: 0 J 7/) Local Law No.1 for 198B Page 53 The uses and structures listed in each District, with the exception of the Aquifer Protection District, which require Conditional Permits are recognized as potentially desirable for the Town. However, the uses and structures requiring Conditional Permits may, because of their nature, present some degree of hazard or danger to the Town and its people. In the Aquifer Protection District, Special Permits shall be considered pursuant to Article VIII-A. SECTION 6. Local Law Number 1 for the year 1986 is hereby amended by adding the following paragraph to Section 19.2: Separate penalties for breaches and violations " of Article VIII-A are set forth in Section 8 A.11. SECTION 7. The invalidity of any section or provision of this local law shall not invalidate any other section, provision or part of it. SECTION 8. This Local Law shall take effect in accordance with the provisions of Section 264 of the New York Town Law and immediately upon filing in the Office of the Secretary of State. 0 Wednesday August 17, 1988 Page 54 Page 298 of the 1988 Minute Book RESOLUTION #201 ADOPT LOCAL LAW NO.2 FOR THE YEAR 1988 PROVIDING FOR ANAMENDMENT TO LOCAL LAW ��m ^ Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: . �NN� SECTION 1. Local Law Number 1 for the Year 1986 is hereby amended by adding new paragraphs 6. and 7. to Section 11.2 to read as follows: 6. If approval or conditional approval is given, a Building Permit shall be' authorized at such time as all conditions are met. Application .to the, zoning Officer for any Building Permit or Certificate of Zoning Compliance authorized by resolution of the Planning Board under which a site plan approval is granted, shall be made within sixty days from the date the resolution is filed with the Town Clerk. 7. The Planning Board on its own motion, may revoke any site plan approval for noncompliance with conditions set forth in the granting of said approval after first holding a public hearing and giving notice of such hearing as provided in Section 11.5(3). The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a site plan approval. SECTION 2. Local Law Number 1 for the Year 1986 is hereby amended by adding the following to paragraph 3. of Section 12.2: The Planning Board may conduct a public hearing on the application. If a public hearing is considered desirable by a majority of the authorized members of the Planning Board, such public hearing shall be conducted within forty-five (45) days of the acceptance of the application and shall be advertised in a newspaper of general circulation in the Town at least five (5) days before the public hearing. SECTION 3. Local Law Number 1 for the Year 1986 is hereby amended by deleting paragraph 7. of Section 12.2 and adding a new paragraph 7. and S. to Section 12.2 to read as follows: 7. If approval or conditional approval is given, a Building Permit shall be authorized at such time as all conditions are met. Application to the Zoning Officer for any Building Permit or Certificate of Zoning Compliance authorized by resolution of the Planning Board under which a Conditional Permit is granted, shall be made within sixty days from the date the resolution is filed with the Town Clerk. B. The Planning Board on its own motion, may revoke any Conditional Permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing as provided in Section 12.2(3). The foregoing shall not be the exclusive remedy, and it shall be unlawful and punishable hereunder for any person to violate any condition imposed by a Conditional Permit. �7'� � .~/ Local Law No. 2 for 198B Page 55 SECTION 4. Local Law Number 1 for the Year 1986 is hereby amended to provide for paragraph 4. of Section 17.3 to read as follows: 4. Fees for Building Permits The minimum fee shall be $20.00. There shall be added to the minimum fee $1.00 for each $1,000.00 of construction value above $5,000.00. SECTION 5. If any clause, sentence, paragraph, section 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 operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which judgment shall have been recorded. SECTION 6. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law and upon filing in the Office of the Secretary Of State. L� 0 0 Wednesday August 17, 1988 Page 56 Page 299 of the 1988 Minute Book RESOLUTION #202 ADOPT LOCAL�LAW NO. 3 FOR THE YEAR 1988 PROVIDING`FOR:ZONE CHANGE FOR KRIS Motion by CouncilmahThorpe Seconded by'CouncilmamO`Donnell VOTES: ALL=E 'ADOPTEDn� BE IT'ENACTED, by the Town Board of, the Town of Cortlandville as follows: `^` .� SECTION 1. The Zoning� Map of the' Town of Cortlandville heretofore adopted`by:Local Law No. 1 for the Year 1986 is hereby amended'by;changing,�the parcels of land bordering County Highway #21A (Main Street� Blodgett Mills)'and known vas Cortlandville Tax Map No. 97;04m02-16.100 <Co -Pet Co;,�Inc:),and 97.04"02-16.200 (Kris Larsen); from :"Agriculture" to "Businessp zone designation. Said zone change shall be entered upon said Zoning Map. SECTION 2. ''The Zoning zMap of the, Town of Cortlandville,heretofore adoptedby Local�Law No. 1 for the Year 1986 is hereby amended by changing the�parcel of land known as Cortlandville Tax Map No. 97.04-02- 17.000 (Co -Pet Co., Inc.) from "Residential R-2" to "Business" zone designation. Said zone change shall be entered upon said Zoning Map. The changes in Sections 1 and 2 herein affect a total of 9.24± acres. SECTION 3. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. s 0 Wednesday August 17, 198B Page 300 of the 1988 Minute Book Page 57.- RESOLUTION 0203 ADOPT LOCAL LAW NO. 4 FOR THE YEAR 1988 ZONE CHANGE - ANGELO AND JOAN CINCOTTA BLODGETT MILLS Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land bordering County Highway #21A (Main Street, Blodgett Mills) and known as Cortlandville Tax Map No. 107.02-01-19.000 (0.77± acres) (Angelo A. and Joan M. Cincotta) from "Agriculture" to "Business" zone designation. Said zone change shall be entered upon said Zoning Map. SECTION 2. accordance with Rule Law. This Local Law shall take effect in the provisions of the Municipal Home �m 0 � ��6, Wednesday August 17, 198B Page 58 Page 300 of the 1988 Minute Book RESOLUTION #204 ADOPT LOCAL LAW NO 5 FOR THE YEAR 1988 - ZONE CHANGE - RONALD E. HALL - _ Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville a follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land bordering New York State Route #13 and known as Cortlandville Tax Map No. 77.00-03-03.120 (2.04± acres) (Ronald E. Hall) from "Residential R-1" to "Business" zone designation. Said zone change shall be entered upon said Zoning Map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 0 Wednesday June 07, 1989 Page 114 of the 1989 Minute Book Page 59 RESOLUTION #155 ADOPT LOCAL LAW NO. 1 FOR 1989, PROVIDING FOR THE RECOVERY OF ATTORNEY FEES IN ZONING CASES Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: Section 1. Statement of Intent. One of the most important benefits received by residents of the Town of Cortlandville from it's Government is the protection of property values and way of life safeguarded by the Town's zoning and planning laws. The Town has expended substantial public funds developing, nurturing and maintaining it's comprehensive land use plan. Every violation of these laws undermines the benefit of these laws to all citizens and corrupts the integrity of the plan as a whole. The criminal enforcement process is only one tool to compel compliance with these laws but it is designed for punishment, not compliance and the penalties associated therewith are often insufficient to modify behavior. The injunctive powers of the Supreme Court on the other hand are designed to compel compliance but accessing these powers is very expensive to the municipal taxpayer. This Local Law is designed to provide authorization for the Town of Cortlandville to recover it's reasonable attorney fees from a defendant who is adjudged by the Court in a civil proceeding of having violated the Town's zoning and/or planning laws. SECTION 2. Applicability. This Local Law shall be applicable to any civil proceeding whether in the nature of an action for injunction or otherwise brought by the Town of Cortlandville or any of it's boards, departments, agencies or divisions to enforce, compel compliance with, or enjoin a violation of the Town's zoning law, subdivision law, junk vehicle law, site plan law, or other land use laws or regulations, in which the Town of Cortlandville or it's boards, departments, agencies or divisions are the prevailing party. SECTION 3. Recovery of Attorney Fees. In any civil proceeding, for an injunction or other relief in which the Town of Cortlandville, it's boards, departments, agencies or divisions shall prevail, it shall be entitled to recover fro one or all of the defendant or defendants, all of it's reasonable attorney fees, costs and disbursements. SECTION 4. Home Rule. By this Local Law, the Town of Cortlandville intends to exercise the powers granted to it by the Municipal Home Rule Law to the maximum extent possible, and it is specifically intended that this Local Law shall supercede all other local or state laws of general application inconsistent herewith, except this law shall not be construed so as to be inconsistent with nor to deprive any member of the judiciary of the State of New York of any power granted or reserved to such Judge. This Local Law is not intended in any way to limit the Town of Cortlandville in resorting to any and all other legal remedies in the enforcement of it's laws and regulations, including criminal enforcement. SECTION 5. Effective Date. This Local Law shall take effect immediately upon filing in the Office of the Secretary or State. 1 0 • 1 0 r: u 17 �' Wednesday July 19, 1989 Page 60 Page 137 of 1989 Minute Book RESOLUTION ##186 ADOPT LOCAL LAW NO. 2 FOR 1989 - PROVIDING FOR AN AMENDMENT TO THE TOWN ZONING LAW AND;MAP - ESTABLISH A TRANSITION ZONE a Motion 'by Counc,ilinan Seconded by Councilman VOTES: ALL AYE ADOPTED •; BE IT ENACTED,' by the Town Board of the Town of Cortlandville-as follows: SECTION 1.- The purpose of this Local Law is to amend.the'Town-'s Zoning Law to provide more continuity a to theexisting non -conforming uses in certain areas of the Town,- most -specifically the parcel designated Town -., of ;Cortlandville:•Tax• Map No. 86.09-02-01.000 (19e9). The current use is that of a sheltered workshop providing employment for handicapped persons by a not- for-profi•t­corporation J.M.Murray, Inc® I,t is determined that changing the said parcel to Business Transition designation would allow continuity to certain non -conforming uses to the benefit of the Town and in line with it's comprehensive plan, provided however;�that,said'parcel remains occupied and used by the said Center pursuant to it's existing corporate purposesi�-• Any changes in use or ownership may not- eoriform• to:•the�.comprehensive plan and the Town reserves -the right'{to revert the designation of said parcel to Business. After•much careful study, planning and public hearing•it�is determined that this amendment is in the best interests of the community and within the comprehensive zoning plan of the Town of Cortlandville. SECTION 2: .--Local Law No. 1 for the Year 19e6 is hereby amended_at Section 2.1 by adding the following: 8: Business•Transition District. SECTION 3. Local Law No. 1 for the Year 1986 is hereby amended by adding after the entire Article VII, a new Ar"ticl­e-V•II-A to read as follows: ARTICLE VII-A BUSINESS TRANSITION DISTRICT r 7 A.�11 Statement of Intent rThe purpose�of this District is to T provide conti"nuity-• to existing non -conforming uses in certain areas which generally meet the general intent and needs of the comprehensive zoning plan of the Town. For more particular legislative intent, reference is hereby -made tb•"the•• entire text of the Local Law of the Town -of Cortlandville-"establishing this Article (Local Law No. 2 "for- the Year 1989) . - 7-A.2-_Permitted Structures and Uses 7 ' 1.,. Residential: a..Single family dwelling. b. Two family dwelling. c� Page 61 7 A.3 Permitted use subject to site plan Approval 1. Business: a. Multiple dwelling; up to four (4) dwelling units in a single structure. b. Indoor retail sales, less than 15,000 square feet gross floor area. c. Banks, savings and loans and credit bureaus. d. Professional offices. e. Business offices. f. Indoor restaurants and taverns (but not drive-in restaurants). g. Personal service establishments. h. Hotels, motels, tourist homes and rooming houses. i. Kennels, veterinary clinics, animal shelters and pet shops. j. Indoor theaters. k. Indoor commercial recreation facilities. 1. Automobile and vehicular sales: used vehicles permitted only in combination with new. 7 A.4 Uses Subject to Conditional Permit 1. Residential: a. Multiple family dwelling with over four (4) dwelling units. 2. Religious Institutions: a. Churches, chapels, temples, synagogues and related uses. 3. Business: a. Commercial garages. b. Automotive repair shops c. Gasoline service station d. Car wash operations. e. Outdoor and drive in restaurants f. Outdoor sales of: (1) Boats (2) House trailers (3) Recreational vehicles (4) Horticultural products and supplies g. Used car sales. h. Retail sales over 15,000 square feet, shopping centers and malls 4. Educational institutions: a. Schools -public and private; all age groups b. Libraries. 5. Recreational and social activities: a. Public and private clubs b. Parks and playgrounds c. Public swimming pools d. Campgrounds - public and commercial e. Golf courses and miniature golf. f. Outdoor commercial amusement centers. g. Outdoor and drive-in theaters. 0 0 fl 0 • 1 Page 62 6. Health, medical and care services: a. Hospitals b. Clinics C. Child day care centers d. Nursing homes e. Mortuaries 7. Transportation and utility uses: a. Public utility substations b. Bus terminals c. Railroad lines and terminals d. Communication towers and antennae e. Storage warehouses f. Truck terminals g. Air landing fields B. Additions to Existing and All New Industrial Facilities: a. All types SECTION 4. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 19e6 is hereby amended by changing the 14.46+ acre parcel (J.M.Murray Center, Inc.) Known as Town of Cortlandville Tax Map No. 96.09-02-01.000 (19B9) from "Business" to "Business Transition" zone designation. Said zone change shall be entered upon said Zoning Map. SECTION 5. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. 0 1 J� i Wednesday November- o8, 1989 Page 63 Page 199 of the 1989 Minute Book RESOLUTION #279 ADOPT" LOCAL LAW NO. 3 OF 1989 - PROVIDING FOR THE AMENDMENT OF LOCAL LAW NO. 2 FOR THE YEAR 1983 THEREBY ADDING REGULATIONS FOR FLOOD HAZARD AREAS Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE_.IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Local Law Number Two for the Year 1983 for the • Town of Cortlandville is hereby amended by adding a new subdivision (4) to Section 5.1-3 and a new subdivision (5) to Section 5.1-4 each to read as follows: WSW Electrical, heating, ventilation, plumbing and air- conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during condition of flooding. Wpien_designed for location below the base flood elevation, a pro essional engineer's or architect's certification is required. SECTION 2. This Local Law shall take effect in accordance with, the Municipal Home Rule Law. 1 • 1 0 Wednesday June 6, 1990 Page 64 Page 323 of the 1990-Minute Book RESOLUTION #157 ADOPT LOCAL LAW NO. 1 OF 1 - PROVIDING FOR THE BILLING AND COLLECTION OF ALL RENTS, RATES FEES AND ASSESSMENTS FOR WATER AND SEWER Motionby-'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: , SECTION 1. The Secretary for, the Town of Cortlandville Highway, Water and Sewer Departments shall have the duty and responsibility to bill and collect all rents,, rates, fees and assessments for water and sewer in the Town of Cortlandville^ . SECTIQN,2. It is the intent of this Local Law to amend or supersede the provisions of Town Law Section 30 (10-a) and Article 12-C and any and all other conflicting Town of Cortlandville laws, ordinances and resolutions. This'Local'LawAsAntended to further the reorganization of the Water and. -Sewer Departments per resolutions of the. Cortlandville Town Board adopted March'21, .199O. ^ ` SECTION 3. This immediately upon filing pursuant to the Municipal - Local Law shall take effect with the Secretary of State Home Rule Law�, ' a $5 Wednesday, September 05, 1990 Page 65 Page 381 of the 1990 Minute Book RESOLUTION #232 ADOPT LOCAL LAW NO. 2 OF 1990 - PROVIDING FOR THE AMENDMENT OF LOCAL LAW NUMBER 1 OF 1986 THEREBY ADDING REGULATIONS TO THE FLOOD DAMAGE PROTECTION ARTICLES OF THE ZONING Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Local Law Number One for the Year 1986 for the Town of Cortlandville is hereby amended by adding a new subdivision (4) to Section 13.7 (1) (c) and a new subdivision (5) to Section 13.7 (1) (d), both to read as follows: Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required. SECTION 2. This Local Law shall take effect in accordance with the Municipal Home Rule Law. 0 • 1 0 1 ,n Wednesday, July 2, 1991 Page 66 Page 106 of the 1991 Minute Book RESOLUTION #148 ADOPT LOCAL LAW NO. 1 - FOP. THE YEAR 1991 - PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF SITE PLAN APPROVALS FOR MOBILE HOMES - THROUGH DECEMBER 31. 1991 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: E,.LL AYE ADOPTED BE IT E Nl,b, fl.T ED, by the Town Board of the To,,,an of Cortlandville as follows: SECTION 1. Lec+isIative Intent. The Cortlandville town Board acknowledges the growing number of mobile homes being placed in areas of the Town zoned Agricultural at rates and densities differing from area to area. The Board further acknowledges the concerns expressed by Cortlandville residents about the need to develop a planned approach to address the circumstances. During the remaining months o-IF calender year 1991, it is the intention of the Town Board to consult with planning boards and t.c propose amendments to the Zoning Law relating to mobile homes. The Board further determines that without a moratorium on the issuance of site plan approvals for mobile homes, a planned approach to the circumstances may be frustrated or impossible SECTION 2. There is hereby ordered by the Cortlandville Town Board a moratorium on the issuance of s i te. p 1 an approvals f,0r mobile homes by the Cortlandville ,Tanning Board through December 31, 1'.=191. SECTIC; N 3. T f,is Local Law temporari 1 y supersedes Section 3.4 of the Cortlandville Zonir-,g Law (Local Law No. 1 for the Year 1986). SECTION 4. T h 1 s Local Law sha11 take effect immediately upon f i i i ;-,g with the Secretary of State. PAGE 6 7 Wednesday, December 4, 1991 Page 164 of the 1991 Minute Book RESOLUTION #228 ADOPT LOCAL LAW NO 2 OF 1991 - ALTERNATIVE VETERANS EXEMPTION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The purpose of this Law is to reduce the maximum veterans exemption allowable pursuant to Section 458-a of the Real Property Tax Law of the State of New York. SECTION 2.(a) Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent(15%) of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of Six Thousand Dollars ($6,000.00) or the product of Six Thousand Dollars ($6,000.00) multiplied by the latest state equalization of the Town of Cortlandville. (b) In addition to the exemption provided by paragraph (a) of this subdivision, where the veteran served in a combat theatre or combat zone of operations, as documented by the award of a Untied Stated campaign ribbon or service medal, qualifying residential real property also shall be exempt from taxation to the extent of ten percent (10%) of the assessed value of , such property; provided, however, that such exemption shall not exceed the lesser of Four Thousand Dollars ($4,000.00) or the product of Four Thousand Dollars ($4,000.00) multiplied by the latest state equalization rate of the Town of Cortlandville. (c) In addition to the exemptions provided by paragraph (a) and (b) of this subdivision, where the veteran received a compensation rating from the United States veteran's administration because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by fifty percent (50%) of the veteran's disability rating; provided, however, that such exemption shall not exceed the lesser of Twenty Thousand Dollars ($20,000.00) or the product of Twenty Thousand Dollars ($20,000.00) multiplied by the latest state equalization rate of the Town of Cortlandville. SECTION 3. Local Law Number 2 for the Year 1984 for the Town of Cortlandville, wherein the Town elected not to have the exemption of said Section 458-a, is hereby repealed. SECTION 4. This Local Law shall take effect immediately upon its filing with the Secretary of State. PAGE 68 1)9�1 1 is 0 1 0 1 Wednesday, January 8, 1992 Page 175 of the 1992 Minute Book RESOLUTION #06 ADOPT LOCAL LAW NO. 1 OF THE YEAR 1992 PROVIDING FOR A MORATORIUM ON THE ISSUANCE BY THE CORTLANDVILLE PLANNING BOARD OF SITE PLAN APPROVALS FOR MOBILE HOMES, THROUGH MARCH 31, 1992 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED SECTION 1. Legislative Intent. The Cortlandville Town Board reaffirms the concerns regarding the growing number of mobile homes in the Town as set forth in the Legislative Intent of the Town Board set forth on Local Law No. 1 of the Year 1991, and the Board further determines that a moratorium on the issuance of site plan approvals for mobile homes is necessary for an additional period of time in order to finalize a planned approach to the issue. SECTION 2. There is hereby ordered by the Cortlandville Town Board a moratorium on the issuance of site plan approvals for mobile homes by the Cortlandville Planning Board through March 31, 1992. SECTION 3. This Local Law temporarily supersedes Section 3.4 of the Cortlandville Zoning Law (Local Law No.1 for the year 1986). SECTION 4. This Local Law shall take effect immediately upon filing with the Secretary of State. PAGE 69 0 Wednesday, September 16, 1992 Page 291 of the 1992 Minute Book RESOLUTION #186 .ADOPT LOCAL LAW NO. 2 OF 1992 ELECTING A RETIREMENT INCENTIVE PROGRAM 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: SECTION 1. The Town of Cortlandville hereby elects to provide all its eligible employees with a retirement incentive program authorized by Chapter 643, Law of 1992. SECTION 2. The commencement date of the retirement incentive program shall be October 1, 1992. SECTION 3. The open period during which eligible employees may retire and receive the additional retirement benefit, shall be ninety (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 funded over a five-year period. The amount of the annual payment in each of the five years 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, and SECTION 5. This act shall take effect upon filing with the State of New York • i 1 PAGE 70 SST 1 0 :7 1 11 JULY r, 1993 TOWN BOARD MEETING PAGE OF THE 1993 MINUTE BOOK RESOLUTION #113 ADOPT LOCAL LAW NO.1 FOR THE YEAR 1993 MOBILE HOME MORATORIUM THROUGH DECEMBER 31, 1993 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandvil_19 as follows: SECTION 1. Legislative Intent. The Cortlandville Town Board acknowledges the growing number of mobile homes being placed in the areas of the Town zoning Agricultural at rates and densities differing from area to area. The Board further acknowledges the concerns continuing to be expressed by Cortlandville residents about the need to develop a planned approach to address the circumstances. During the remaining months of calender year 1993, it is the intention of the Town Board to consult again with planning boards and to and to propose amendments to the Zoning Law relating to mobile homes. The Board further determines that without a moratorium on the issuance of site plan approvals for mobile homes, a planned approach to the circumstances may be frustrated or impossible. SECTION 2. There is hereby ordered by the Cortlandville Town Board a moratorium on the issuance of site plan approvals for mobile homes by the Cortlandville Planning Board through December 31, 1993 SECTION 3. This Local Law temporarily supersedes Section 3.4 of the Cortlandville Zoning Lahr (Local Law No. 1 for the Year 1986). SECTION 4. This Local Law shall take effect immediately upon filing with the Secretary of State. PAGE 71 d8q DECEMBER 15, 1993 TOWN BOARD MEETING PAGE 6 and 7 of the 1993 Minute Book RESOLUTION #231 ADOPT LOCAL LAW NO. 2 FOR THE YEAR 1993 MOBILE HOME MORATORIUM AND AMENDING THE CORTLANDVILLE ZONING Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Legislative Intent. The Cortlandville Town Board hereby determines its intent to provide for its citizens health, safety and welfare regarding the placement of the growing number of mobile homes in areas of the Town zoned Agriculture. A planned aesthetic growth is further determined to be beneficial to the welfare of the Town's citizens. It is hereby noted that mobile homes are allowable as accessory farm uses, and are further allowable in existing, mobile home parks and within new mobile home parks as planned unit developments. The Town Board hereby further determines that the provisions herein legislated are reasonable and necessary to accomplish the Town's intentions and goals. SECTION 2. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended to add a new paragraph 3.c. to Section 3.2 to read as follows: 3.c. At such time as a mobile home is no longer an accessory farm use, it shall be removed. SECTION 3. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended at Section 3.4 as follows: Paragraph number "1." of Section 3.4 is deleted, and paragraph numbered "2.11, 113.11, and "4." are ,hereby renumbered as 111.11, 112.", and "3." respectively. SECTION 4. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended at Section 3.6, paragraph 2. as follows: Subparagraph letter "a." of paragraph 2. of Section 3.6 is deleted, and subparagraphs lettered "b.", "c." and "d." are hereby relettered as "a.", "b.", and "c." respectively. SECTION 5. If any clause, sentence, paragraph, section 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 operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which judgment shall have been recorded. SECTION 6. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law and upon filing in the Office of the Secretary of State 1 0 0 LJ 0 I� PAGE 72 )? D JULY 6, 1994 TOWN BOARD MEETING PAGE 234 OF THE 1994 MINUTE BOOK 1 RESOLUTION #113 ADOPT LOCAL LAW NO 1 OF 1994 PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO. 1 OF 1986 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board of the Town of COrtlandville does hereby adopt Local Law No. 1 of 1994, providing for a Zone Change of a Parcel of land on the Zoning Map adopted by Local Law No. 1 for the year 1986 as follows: Section 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the year 1986 is hereby amended by changing the parcel of land bordering U.S. Highway Route 11 and known as Cortlandville Tax Map No. 87.00-02-01.000 (Douglas Staley) from "Agriculture" to "Industrial" Zone designation. Said zone change shall be entered on said Zoning Map. The change herein affects a total of 22+ acres. Section 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. i 1 PAGE 73 AUGUST 07, 1996 TOWN BOARD MEETING aqi PAGES 275 and 276 of the 1995-1996 MINUTE BOOK RESOLUTION #155 ADOPT LOCAL LAW NO. 1 OF 1996 - AMEND ZONING LAW TO INCLUDE ADULT ENTERTAINMENT LAW Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: 1.) That the Zoning Law of the Town of Cortlandville shall be amended to add the following definitions to Section 1.2(3) of said Law. "Adult Entertainment Establishment" is any establishment or place of business where any person engaged in, conducts, operates, carries on, or permits to be engaged in, conducted, operated or carried on 1) live performances which are characterized by an emphasis on "specified anatomical areas'° or specified sexual activities"; or 2) where employees, as part of their employment, regularly expose to patrons, "specified anatomical areas". "Specified anatomical areas" as used herein include: 1) less than completely and opaquely concealed; a)human genitals, pubic region, b) human buttock, anus, or c) female breast below a point immediately above the top of the areola; or 2) erect penis, even if completely and opaquely concealed. For the purpose of this definition of adult entertainment establishment the term "specified sexual activities" includes: 1) human genitals in a state of sexual stimulation or arousal; 2) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or 3) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts. 2. That the Zoning Law of the Town of Cortlandville shall be amended to add to said Law a new Section of Article XVI of said Law, said Section to be numbered 16.10 entitled "Adult Entertainment Establishments", to provide as follows: 16.10(a) Adult Entertainment establishment may not be located in any Zone Designated R-1, R-2, R-3 or Agricultural and may not be located, when initially opened as, or converted to, an adult entertainment establishment, within a multi use commercial structure or within 2000 feet of any of the following: 1) the boundary of any residential zoning district; 2) any property, as a licensed day care 3) any structure, has tax exempt status 4) park; 5) any gymnastic; or agricultural including the exterior lot, used facility; including the exterior lot, which as a religious or educational use; center, library or museum. (b) In addition to the requirements of this section, no such adult entertainment establishment shall be located within the Town of Cortlandville unless a Conditional Permit, as provided in this Law, shall have first been issued by the appropriate authorities of the Town. (c) No such Conditional Permit shall be issued until the Planning Board of the Town of Cortlandville has considered the factors delineated as relevant to the issuance of Special Permits in general, and has filed written findings regarding the factors reviewed and considered by the Board. 1 0 1 0 0 1 r TOWN BOARD MEETING OF DECEMBER 20, 1995 PAGE 73-A Ad Drug and Alcohol Testing Policy: The Federal Government has enacted a statue that states a Drug and Alcohol Policy be adopted by January 1, 1996. The County has adopted a policy. He recommended we adopt the same policy. date, as a The group has policy can been formed be amended by our local at a later Town's and Village's Highway Supt's to deal with, discipline measures. Copies were distributed to the Town Board for review. RESOLUTION #216 ADOPT DRUG AND ALCOHOL TESTING POLICY FOR THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Testa, VOTES: ALL AYE ADOPTED WHEREAS, the Omnibus Transportation Employee Testing Act is a new law required by the Federal Government, and must be in order by January 1, 1996, therefore BE IT RESOLVED, the Town Board does hereby adopt the Drug and Alcohol Testing Policy for the Town of Cortlandville, effective January 1, 1996. �( PAGE 73-B TOWN OF CORTLANDVILLE DRUG AND ALCOHOL TESTING ASSOCIATION (T.V. - D.A.T.A. ) D r u_g.,_._6_n d_ Al co h o 1_...__T e s t_i._n_g.._ P.o.l. i_cy This policy is based upon the T.V.-D.A.T.A. practice and policy prohibiting the use of alcohol and drugs on the job. The Federal Drug Free Workplace Act of 1989 and the soon to be in effect Omnibus Transportation Employee Testing Act (OTETA). The OTETA is scheduled to take effect for T.V.-D.A.T.A. members on January 1, 1996 and the members will comply with US DOT rules which mandate preemployment, reasonable suspicion, post accident, random follow-up, and return to duty drug and alcohol testing employees in various positions requiring the possession of a commercial driver's license and defined as safety sensitive. Each Town and Village - Drug and Alcohol Testing Association members will assist his employees who have a drug or alcohol dependency to recover from such addiction provided the employee seeks and accepts assistance. However, the municipality may take appropriate formal disciplinary action, in accordance with this policy. It is important to emphasize that employees with drug and/or alcohol problems, who wish to avail themselves of rehabilitative services under the health insurance or any other rehabilitation program, should pursue help before they are determined to be in violation of the municipalities Drug -Free Workplace Policy. After January 1, 1996, all drivers with commercial driver's licenses (CDL), performing safety sensitive functions, operating a vehicle with a gross weight of 26,000 lbs. or more on a public highway or a motor vehicle requiring a placard, as defined by the Federal Highway Administration, will be subject to drug and alcohol testing. 0 R, i. 1 PAGE 73-"C Safety Sensitive Function 1. All time at a carrier facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by employer. 2. All time inspecting equipment, servicing, or conditioning any commercial motor vehicle, at any time. 3. All time spent at the driving controls of a commercial motor vehicle. 4. All time, other than driving time, spent on or in a commercial motor vehicle. 5. All time loading or unloading a commercial motor vehicle, supervising or assisting in loading a commercial motor vehicle, attending a vehicle being loaded or unloaded, remaining in readiness to operate a vehicle. 6. All time spent performing the driver requirements associated with an accident. 7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. 1 2. r A • PAGE 73-D SUBJECT: Prohibited Alcohol and Controlled Substance -Related Conduct The following alcohol and controlled substance -related activities are prohibited by the Federal Highway Administration's drug use and alcohol misuse rules for drivers of commercial motor vehicles:, - Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration of 0.04 or greater. - Being on.duty or operating a commercial vehicle (CMV) while the driver possesses alcohol, unless alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken. - Using alcohol while performing safety -sensitive functions. - When required to take a post -accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post -accident alcohol test, whichever comes first. - Refusing to submit to an alcohol or controlled substance test required by post -accident, random, reasonable suspicion or follow-up testing requirements. - Reporting for duty or remaining on duty, requiring the performance of safety -sensitive functions, when the driver uses any controlled substance. Except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV. - Reporting for duty, remaining on duty or performing a safety -sensitive function, if the driver tests positive for controlled substances. 1 0 1 3. A 1 F r PAGE 73-E 11CN2 1 0 SUBJECT: Types of Testing In order to enhance highway transportation safety, Congress passed the Omnibus Transportation Employee Testing Act of 1991. The Act required the Federal Highway Administration to establish regulations requiring drivers of commercial vehicle to be tested for use of controlled substances and the misuse of alcohol. The following are the types of tests required to be performed: - Pre -employment Testing - Post -Accident Testing - Random Testing - Reasonable Suspicion Testing - Return -to -Duty Testing - Follow-up Testing Split Sample Testing Controlled substances tests conducted on or after August 15, 1994 must follow split sample procedures. Under this provision, a driver whose urine has tested positive for a controlled substance has the option (within 72 hours of being notified by the MRO ) of having the other portion of the split sample tested at another laboratory. If the second portion of the sample also tests positive, then the driver is subject to sanctions contained in the regulations. If the second portion produces a negative result, or for any reason the second portion is not available, the test is considered negative and no sanctions are imposed. SUBJECT: Pre -employment Controlled Substance Testing Prior to the first time a driver performs safety -sensitive functions ( any of those on duty functions listed in the Federal Motor Carrier Safety Regulations) for an employer, the driver must submit to testing controlled substances. No employer shall allow a driver to perform a safety -sensitive function until employee has received a controlled substance test result from the medical review officer (MRO) indicating a verified negative result. PAGE 73-F SU BJECT: Reasonable Suspicion Alcohol and Controlled Substances Testing al co hol or An employer must require a drive t employer o submit t has reasonable controlled substance test when suspicion to believe the driver. has violated the alcohol or controlled substances prohibitions Reasonable Suspicion* - Belief that the prohibitions1,ebased onr has ospecifice alcohol and controlled substances prohibitions, articulable observations concerning the contemporaneous, speech, or body odors of the driver. appearance, behavior, Supervisor Training The required observations for alcohol and/or controlled substances reasonable icialcion tes itrained shall bin e made by a supervisor or company he following requirements: accordance with t A. Employers must ensure nexi is designated req iredetermine driver whether reasonable suspicion to undergo alcohol or controlmed inutesb of tin �on receive: at least 60 (sixty) alcohol misuse and at least 60 (sixty) minutes,,..nf training on controlled substances use. shall cover the physical,probable behavioral, B. The training alcohol speech and performance indicators o P misuse and the use of controlled substances. C. The training shall be a total of 120 (one hundred twenty) minutes. Alcohol - Alcohol testing is au`:horized only if the observations are made during, just beforE:, or just after the ired to b period of the work day the driver utes' is notnadministered If a reasonable suspicionalcohol the employer shall prepare within two hours following observation, and maintain on file a record stating addie reasons tioni f not alcohol test was not administered promp Y within eight hours, theprepaempreoyer ha prepareand maintain ll cese tteprecord administer the test, and listed above. only one supervisor is required to make the observations necessary to require the controlled substance or alcohol test' one Federal Highway Administration believes requiring only supervisor to make a realtiesle susThePlsuperviisormlwholo makespothe to the operational determination that reasonable ducts the calcohollstestto inoorder to alcohol test shall not , preserve protection for the driverd shall rs. Records - A written � ecocontrol led e substances observations: made of test, and leading to an alcohol and signed by the supervisor who made the observations. NOTE' The mere possession of alcohol does not constitute a must need for reasonable suspicion testing, wlr once , b havbbased or, speech, observations concerning the driver P or body odor_ 6. 1 i 1 • PAGE 73-G SUBJECT: Post Accident Alcohol and Controlled Substance Testing As soon as practicable following an accident involving a commercial motor vehicle, each employer shall test for alcohol and controlled substances each surviving driver when either: - the accident involved a fatality; or - the driver receives a citation under state or local law for a moving traffic violation arising from the accident. For the purpose of this rule an accident is defined as an incident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or a vehicle is required to be towed from the scene. Driver's Responsibility: A driver who is subject to post -accident testing must remain available, or the employer may consider the driver to have refused to submit to testing. The driver subject to post -accident testing must refrain from using alcohol for eight hours following the accident, or until he/she submits to an alcohol test, whichever comes first. SUBJECT: Random Alcohol Testing Random alcohol testing shall be conducted in accordance with the following requirements: - Random alcohol testing shall be administered at a minimum annual rate of 25 percent of the average number of driver Positions. The employer shall ensure that random alcohol tests are unannounced and spread reasonably throughout the calendar year. - The employer shall ensure that drivers selected for random alcohol tests proceed immediately to the testing site upon notification of being selected. - A driver shall only be tested for alcohol while the driver is performing safety -sensitive functions, immediately prior to performing or immediately after performing safety -sensitive functions. - Employers may pool interstate and intrastate drivers together for random alcohol testing. - If an employer is required to conduct random alcohol testing under the rules of more than one DOT agency, the employer may either - (I) establish separate pools for random selection, with each pool containing the DOT covered employees who are subject to testing at the same required minimum_ annual_ pe.rce.ntage •.rate;., -:or .,. (2) randomly select such employees for testing at"the highest minimum annual percentage. rate estab.lished..,.;for.-,,. -the., calendar year by any DOT agency to which the employer,..is subject..,-' - In the event a driver, who is selected for a random alcohol test, is on vacation or an extended medical absence, the employer can either select another driver for. testing or keep the -original selection confidential until the driver returns. �99 PAGE 73-H SUBJECT; Random Controlled substance Testing Random controlled substances testing shall be conducted in accordance with the following requirements: - Employer must use a scientifically valid method, such as a random number table which is matched with the driver's social security number. - Random controlled substances testing shall be administered at a minimum annual rate of 50 percent of the average number of driver positions. - The employer shall ensure that random controlled substances tests are unannounced and spread reasonably throughout the calendar year. - The employer shall ensure that drivers selected for. random controlled substances tests precede immediately to the testing site upon notification of being selected. i 0 11 PAGE 73-I 360 SUBJECT; Refusal to be tested Refusal to submit to an alcohol or controlled substances test a driver: (1) fails to provide adequate breath for testing without a valid medical explanation after he or she has .received notice of the requirement for breath testing, or (2) fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing, or (3) engages in conduct that clearly obstructs the testing process. The Town or Village will have no obligation to an employee who refuses to take either a controlled substances test or alcohol test. The driver's employment with the Town or Village shall be terminated. SUBJECT: Return -to -Duty Testing The Town or Village shall ensure that before a driver returns to duty requiring the performance of a safety -sensitive function after engaging in prohibited conduct regarding alcohol misuse, the driver shall undergo a return -to -duty alcohol test indicating a breath alcohol concentration of less than 0.02. The Town or Village shall also ensure that before a driver returns to duty requiring the performance of a safety -sensitive function after engaging in prohibited conduct regarding controlled substances use, the driver shall undergo a return -to -duty controlled substances test with a result indicating a verified negative result for controlled substances use. In the event a return -to -duty test is required, the driver must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed. SUBJECT: Follow-up Testing Following a determination that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the Town. or Village shall ensure that the driver is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by the substance abuse professional. The driver shall be subject to a minimum of six follow-up controlled substances and/or alcohol tests in the first twelve months. But testing shall not exceed 60 months. 10. 3 PAGE 73-J SUBJECT: Alcohol Testing Procedure Persons with CDL license and who are immediately available to perform a safety sensitive function will be subject to evidential breath test (EBT). Preparation for Breath Alcohol Testing A. A supervisor will instruct you to report to a specified location for a breathlizer test. At this location, the employee will meet a breath alcohol technician (BAT), who will be doing the testing and who will show employee to a room where the test will be conducted. This room will afford the employee visual and aural privacy. The BAT will explain how the test is conducted, ask the employee to provide some positive identification, and upon the employee's request, the BAT shall supply his/her positive identification. B. The BAT shall complete step 1 on the Breath Alcohol Testing Form. The employee shall then complete step 2 on the form, signing the certification. Refusal by the employee to sign this certification shall be regarded as a refusal to take the test. C. An individually sealed mouthpiece shall be opened in the presence of the employee and placed on EBT. The employee shall be instructed to blow into the mouthpiece until the EBT indicates an adequate amount of breath has been obtained. D. The employee shall be shown the results on the recorder of the EBT. The results alone with blank air samples will be printed in triplicate, one copy for the employee. If the results of this test is 0.019 or less, no further testing is to be done. However, if the result is 0.02 or greater, the BAT must conduct a confirmation test. Procedure for Confirmation Test 0 A. The BAT shall instruct the employee not to eat, drink, put any substance in his or her mouth, and to the extent possible, not eruct (belch) during the waiting period before the confirmation test. This time period begins with the completion of the screening test, and shall not be less than 15 minutes. This confirmation test shall be conducted within 30 minutes of the completion of the screening test. The BAT shall explain to the employee the reason for this procedure, (to prevent any accumulation of mouth alcohol), and the fact it is for the employee's benefit. B. The confirmation testis much the same as the screening test. This is the final test. If an employee shows a 0.02 or grater, the BAT will notify the supervisor in a confidential manner of the results. All test results will be -,"kept confidential. PAGE 73-K SUBJECT: Drug Testing Procedure 36a Persons with CDL license and who are immediately available to perform a safety -sensitive function, (as noted on first page of this policy) will be subject to drug testing. 1, a. DOT agency drug testing programs require that employees be tested for marijuana, cocaine, opiates, amphetamines, and phencydidine. b. The employee will be notified by the supervisor and you will be instructed to go to a specified location for a drug test, C. Once at the collection site, the employee will be given a sealed specimen bottle or a sealed collection container and provided a room that will afford the employee visual and aural privacy for him/her to provide a urine sample for drug testing. d. Once a sample is collected, the employee is to return the sample to the collector immediately. The sample will be checked for temperature and it will be recorded on the official form. The specimen will be split into bottle A and bottle B. The official form and two specimen bottles will be sent to a laboratory for testing of the five drugs listed in Part 1 of the Drug Testing Procedure. 2. A. The laboratory shall report as negative all specimens that are negative on the initial test. Only specimens confirmed positive shall be reported positive for a specific drug. B. The laboratory has 5 (five) working days after receipt of the specimen to report the results of the tests to the Medical Review Officer. C. The Medical Review Officer shall review confirmed positive results, making sure all steps have been taken to assure an accurate test. D. Prior to making a final decision to verify a positive test result for an employee, the Medical Review officer shall contact the employee directly, on a confidential basis., to determine if he/she wishes to discuss the test results. A medically licensed or certified staff person under the Medical Review Officer's supervision may gather information from the employee. The Medical Review Officer shall talk directly with the employee before verifying a test as positive. E. If, after making all reasonable efforts and documenting them, the Medical Review Officer is unable to reach the employee directly, he/she shall contact a designated management official who shall direct the employee to contact the Medical Review officer as soon as possible. The management official shall employ procedure that ensure this notice is held in confidence. 12. 3 c� PAGE 73-L 3. The Medical Review Officer may verify a test as positive without having communicated directly with the employee about the test in two circumstances: A. The employee expressly declines the opportunity to discuss the test. B. The designated employer representative has successfully made and documented a contact with the employee and instructed the employee to contact the Medical Review Officer and more than five days have passed since the date the employee was successfully contacted. 4. A. If a test is verified positive under the circumstances specified in paragraph 3 (A) and (B) of the section, the employee may present, to the Medical Review officer, information documenting that serious illness, injury, or other circumstances unavoidably prevented the employee from timely contacting the Medical Review Officer. The Medical Review Officer, on the basis of such information, may reopen the verification. allowing the employee to present information concerning a legitimate explanation for the confirmed positive test. If the Medical Review Officer concludes that there is a legitimate explanation, the Medical Review Officer declares the test to be negative. B. If a test is verified positive by the Medical Review Officer, the employee has 72 hours (seventy-two) after the Medical Review Officer successfully made and documented a contact with the employee, to ask specimen B or split specimen to tested. The Medical Review Officer shall direct, in writing, the laboratory to provide the split specimen to another DHHS certified laboratory for analysis. If the analysis fails to reaffirm the presence of the drug (s) or drug metabolite (s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the Medical Review Officer shall. cancel the test and report cancellation, and the reasons for it' to the DOT, the employer, and the employee. S. A. If a test is verified positive under the circumstances specified in paragraph 4 (A) and (B) of this document, the employee will be notified by the Medical Review Officer, who shall refer the case to the management official empowered to recommend the Town's or Village's Evaluation and Disciplinary Penalties. (Refer to page 14 and/or 15 of this document.) All Drug and Alcohol testing shall be done on Town or Village time. All Town or Village employees will be transported, by the Municipality, to and from test site. Each Municipality shall also transport employees who have 0.02 or greater level for alcohol, to their place of residence. 13. PAGE 73-M ,36q SUBJECT: Evaluation and Discipline... 1. a. A driver testing positive for drugs or alcohol will be suspended and the case will be reviewed for discharge by the Highway Superintendent and Town or Village Board jointly. However, after review, it may be decided that the employee be given the chance to come back to work after rehabilitation. b. This employee will need an evaluation by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse or controlled substance use. C. A driver, who has followed all rehabilative programs prescribed by the substance abuse professional but after 30 (thirty) days is not released by the Towns or Village substance abuse professional to do safety sensitive functions, may be considered by his employer to do other tasks until released by the substance abuse professional. d. Before a drivers return to duty, doing a safety sensitive function, after a verified positive test for drugs or an alcohol level of 0.04 or greater, the driver shall under go a return to duty alcohol test with a result indicating an alcohol concentration of less than 0.02, if the conduct involved alcohol, or a controlled substance test with a verified negative result, if the conduct involved a controlled substance. In addition, each driver identified as needing assistance in resolving problems associated with alcohol misuse or controlled substance use, shall be evaluated by a substance abuse professional to determine that the driver has properly followed all rehabilitation programs prescribed by the evaluator. e. A driver shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the employer, following the driver's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional and consist of at least six (6) tests in the first twelve (12) months after the return to duty. If the substance abuse professional determines that return -to -duty and follow-up testing for both alcohol and controlled substance is necessary for that particular driver, the substance abuse professional may require testing for up to sixty (60) months. f. All evaluations shall be done for Town and Villages by a substance abuse professional under contract with the (T.V.- D.A.T.A.) Association. Rehabilitation and follow-up testing shall be paid for by the employee. 2. A driver who is tested for alcohol and found to have a concentration of 0.02 but less than 0.04 shall be released from his duty for 24 hours without pay. • SUBJECT: 1 Specific Evaluation and Discipline for of Town Cortlandvi.l.le TOWN BOARD MEETING OF APRIL 03, 1996 PAGES 2 - 4 of the 1995-1996 MINUTE BOOK PAGE 73-N 36(, RESOLUTION #79 AMENDMENT TO PARKING ORDINANCE OF THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, there is an increasing problem relating to parking for handicapped citizens within the Town of Cortlandville; and ` WHEREAS, the Cortland County Sheriff has established a SHAPE force to enforce handicapped parking regulations within the County of Cortland; and WHEREAS, it is the desire of the Town Board to facilitate the efficient and consistent enforcement of such parking regulations; WHEREAS, the Town Attorney has been advised by the Cortland County Sheriff's Office that the personnel utilized by the County Sheriff have beenprovided insurance coverage in connection with their duties by the County of Cortland, now therefore; The Town Board of the Town of Cortlandville does hereby ordain and enact as follows; The Parking Ordinance of the Town of Cortlandville, enacted October 19, 1988, as amended, is hereby amended as follows; SECTION 1. Sections 3,4,5,6,7, and 8, of said ordinance are renumbered 4,5,6,7,8, and 9, respectively. SECTION 2. There is added to said ordinance, a new "Regulation' Section 3 to be entitled of Handicapped Parking" said section to provide as follows; SECTION 3 REGULATION OF HANDICAPPED PARKING 1. ) Parking spaces for the handicapped as provided for in Sections one thousand two hundred three -a and. -one thousand two hundred three-c of the Vehicle and Traffic Law of the State of New York shall also be extended to a motor vehicle registered in accordance with section four hundred four -a of the Vehicle and Traffic Law of the State of New York. A handicapped permit issued in accordance with the provisions of section one thousand two hundred three -a of the Vehicle and Traffic Law of the State of New York .shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces accorded to a holder ofa handicapped parking permit provided in accordance with Section one thousand two hundred three -a or as provided in section four hundred four -a of the Vehicle and Traffic Law of the State of New York. 2.) It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle bears a permit or a registration issued pursuant to the provisions of the Vehicle and Traffic Law of the State of New York, and such vehicle is being used for the transportation of a severely disabled or handicapped person. 3. ) Any person who parks in spaces clearly marked for use by the handicapped in accordance with this section, without a special municipal parking permit or whose motor vehicle is not registered in accordance with section four hundred four -a of the Vehicle and Traffic Law of the State of New York and being used for the transportation of a handicapped person, shall be subject to a fine of not less 3b� PAGE -73-0 than twenty-five dollars nor more than fifty dollars for the first offense and not less than fifty dollars nor more that one hundred fifty dollars for the second offense occurring within'a period of two years within the same municipality. The arresting or ticketing officer shall issue a summons to violators of this'.section. 4.) As used in this section, the term "handicapped" shall also include "severely disabled person" as defined in section four hundred four -a of the Vehicle and Traffic Law of the State of New York. SECTION 3. This ordinance shall take effect upon.publishing and posting as required by law. V 1 • 1 PAGE 74 26S TOWN BOARD MEETING OF APRIL 2, 1997 PAGES 40 and 41 of the 1997-1998 MINUTE BOOK RESOLUTION #65 APPROVE ZONE CHANGE AS REQUESTED BY DEAN MITCHELL FOR A PARCEL OF LAND ADJACENT TO HIS PREMISES AT 1160 NYS ROUTE 13, SAID PARCEL IS OWNED BY MEMORIAL BAPTIST CHURCH Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application for a Zone Change from the present R-2 Zoning to Business, was submitted by Dean Mitchell, for a parcel of land adjacent to his premises at 1160 NYS Route 13, Cortland, NY, said property currently owned by Memorial Baptist Church, and is 40 feet by 140 feet in dimension, and WHEREAS, the County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval of such request, therefore BE IT RESOLVED, the Town Board does hereby approve the Zone Change request submitted by Dean Mitchell, effective now, subject to the Town.Attorney drafting and amending a change to the Zoning La-l' of the Town of Cortlandville. Local Law No.----------1-------------........... of the year 19 97- Alocallj1w_ !19yidin fora Zone CHange_ofi-a_parcel of land on the zoning_map_ ..- ---------------------------------- adopted_by_local_Law for the year _12$6___________________ Be It enacted 1)y tlae ____Town Board - •----•••_- .- - i.,:.r.w,b�r_ i -------------- -- ----------------•---•-- Of life Q�11Ht�cx (Rltyxx Cortlandville ,Jyfwn of------------••--------------------------------------------------------------------------- . as follows: xNuhtpx Section 1. The Zoning map of the Town of Cortlandville heretofore adopted by local law No. 1 for the year 1986 is hereby amended by changing a parcel of land known as a portion of premises at 1160 Route 13 (40' x 140') and known as Cortlandville Tax map no. 96.06-01-44.000 (Memorial Baptist Church) from "R- to "Business" Zone designation. Said zone change shall be entered on said Zoning Map. The change herein affects a.total of 5600 square feet. Section 2, This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. AGE '7c �.dl:su J TOWN BOARD MEETING OF' OCTOBER 01, 1997 PAGES 102 to 117 of the 1997-1998 MINUTE BOOK RESOLUTION #158 ADOPT LOCAL LAW NO. 2 OF 1997 TO AMEND THE TOWN ZONING LAW AND ADD A SECTION TO SUCH LAW FOR STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL ORDINANCE LAW Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a Stormwater Management and Erosion and Sediment Control Ordinance has been reviewed by the Town and County Planning Boards, and recommended approval, and WHEREAS, a Public Hearing was held by the Town Board on September 17, 1997, and WHEREAS, it was determined a SEQRA review was not required, therefore BE IT RESOLVED, the Town Board does hereby adopt Local Law No. 2 of 1997 to amend the Town Zoning Law' and add a section to such law for Stormwater Management and Erosion and Sediment Control Ordinance Law, as follows: PAGE 76 tf-1 STORMWATER MANAGEMENT and EROSION AND SEDIMENT CONTROL ORDINANCE SECTION ONE: SHORT TITLE This Ordinance shall be known as the "Stormwater Management and Erosion and Sediment Control Ordinance." SECTION TWO: FINDINGS OF FACT 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; 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. SECTION THREE: PURPOSES AND OBJECTIVES It is the purpose of this ordinance 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 Ordinance 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; 3 PAGE 77 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; and, 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. SECTION FOUR: AUTHORITY • In accordance with Article 9 of 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 i 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 ordinance shall supersede more stringent guidelines already in existence. SECTION FIVE: DEFINITIONS Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most effective application. The definition of words used in the singular shall include the plural and the plural the singular; words used in the present tense shall include the future tense. The word "shall" connotes mandatory and not discretionary; the word "may" is permissive. 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 stormsewer by connection to the stormsewer. CONSTRUCTION ACTIVITY - land development, site preparation, i 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 non -storm 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. PAGE 78 31,2 -93 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 1 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 one-half 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. 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 waterbodies 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 run-off on -site by ithe 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 wind, 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. JJ� PAGE 79 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 - (when capitalized) 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. SEDIMENTATION - the action or process of forming or depositing sediment. SEAR - the New York 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. 0 0 1 0 19 1 STORM SEWER- (storm drain) a conduit which carries stormwater and drainage to a point of discharge to a water course or water body. PAGE 80 211 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 measures 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. SUBWATERSHED - 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 ordinance. 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. WATER COURSE - 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. SECTION SIX: JURISDICTION AND APPLICABILITY I. Upon approval of this Ordinance by the Town of Cortlandville, all site preparation and construction activities requiring approval under this Ordinance shall be in conformance with the provisions set forth herein. J. 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 ordinance: 1. Initiate any land clearing, land grading, earth moving, paving, property subdivisions, or construction or development activities, where such activities otherwise require a special 3;5 PAGE 81 or conditional permit, or site plan review, without first preparing a Stormwater Pollution Prevention Plan and obtaining approval of said plan from the Town of Cortlandville, or; �1 2. Initiate any land clearing, land grading, earth moving, paving, subdivisions, or construction or development activities, where such activities which require a General Permit under the New York State Pollution Discharge Elimination System ( "SPDES" ) issued pursuant to Article 17, Titles 7, 8 and Article 70 of the Environmental Conservation Law of New York, without first preparing a Stormwater Pollution Prevention Plan and obtaining approval of said plan from the Town of Cortlandville, or; 3. Alter any drainage system without first preparing a Stormwater Pollution Prevention Plan and obtaining approval of said plan from the Town of Cortlandville. 4. Projects falling under the "C" Exemptions portion of this section do not require a Stormwater Pollution Prevention Plan, 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 Stormwater Pollution Prevention Plan requirements, as per the effective date of this ordinance: 1. Residential subdivisions or developments, of existing parcels as per the effective date of this ordinance, of fewer than five ( 5 ) lots shall. receive a one time exemption from this ordinance, EXCEPT where construction of a new road is involved or where the lots are located within 500 feet of any water course. Any subsequent subdivision which may result in land disturbing activities or development on a total of five ( 5 ) lots or more shall require approval of a Stormwater Pollution Prevention Plan, except where the subdivided lots are greater than 5 acres each. Subsequent subdivisions resulting in lot sizes greater than 5 acres each shall be reviewed to determine the need for a Stormwater Pollution Prevention Plan. 2. Agricultural activities that are not part of a construction activity. 3. Industrial and/or commercial development projects or subdivisions for industrial or commercial use which result in an impervious surface less than 10,000 square feet and which result in a total impervious surface less than 35% of the total lot. SECTION SEVEN: CONTENTS OF THE STORMWATER POLLUTION PREVENTION PLAN A. It is the responsibility of an applicant to prepare a Stormwater Pollution Prevention Plan so that the Town of Cortlandville 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 Stormwater Pollution Prevention Plan shall be consistent with the purposes and objectives of this ordinance. C. The exact requirements of the Stormwater Pollution Prevention Plan will depend upon the location, size, and scope of the proposed project. The Stormwater Pollution Prevention Plan developed will be reviewed for attenuation of peak discharge, total runoff reduction, erosion/sediment control, and water quality protection. D. All Stormwater Pollution Prevention Plans shall comply PAGE 82 13110 with New York Guidelines for Urban Erosion and Sediment Control and/or the NYSDEC's Reducing the Impacts of Stormwater Runoff from New Development. E. The structure and content of the Stormwater Pollution Prevention Plan should be as follows: 1. -Background information a. The name, address, and telephone number of the owner and developer. b. A brief description of the project including appropriate information about the size and scope of the project, additional ® improvements to the site, and a brief description of Stormwater management provisions. C. Information necessary to locate 'the property or tax parcel. This shall include a map with the property and its location with reference to such landmarks as major waterbodies including primary and principal aquifers, aquifer protection district areas, adjoining roads, railroads, subdivisions, wetlands, or municipal boundaries, clearly identified on a map, and a general description of the property. d. Determination of the site limitations and development constraints with regard to.factors including but not limited to: slope, soil erodibility, depth to bedrock, depth to seasonal high water, and soil infiltration capacity. e. Determination of the potential impacts from the proposed development to natural processes related to natural features on -site and off -site including streams, lakes, wetlands, and primary and principal aquifer protection district areas for public drinking water supplies. 2. Existing pre -development conditions a. A map showing existing conditions for drainage on -site including topography, culverts, ditches, and sub -watershed boundaries and b. A description of the soil characteristics on the site. 3. Proposed future development conditions a. A plan at an appropriate scale (but in no case less than 1" = 50') accompanied by i. a design indicating at least the existing and proposed topography at an appropriate contour interval not exceeding 2 feet in elevation, ii. the proposed grading and earth disturbance, iii. site conditions around points of all surface water discharge including vegetation, and iv. proposed method of flow conveyance from the land disturbing activity. ® C. Stormwater management and erosion control provisions including i. provisions to preserve top soil and limit disturbance, ii. details of site grading, iii. sequencing of operations to prevent erosion, and iv. design details for structural controls, which may include diversions and swales. 4. Comparison of pre -development with post -development runoff. a. Description of the methodology used to determine stormwater runoff characteristics, e.g., TR-55 or other appropriate method. b. Stormwater management and stormwater drainage computations, including pre -and post -development velocities, peak rates of discharge, storage volumes and surface area 31J PAGE 83 4=C requirements for controlling stormwater runoff at all existing and proposed points of discharge for the 2-, 10-, and 50-year, 24-hour storm events. 5. Stormwater management component shall include: a. Description of the proposed stormwater management facilities including design and calculations made for siting and sizing facilities for both peak flow attenuation and water quality control to achieve the objectives of this ordinance and which are in accordance with the performance standards described in Section Nine of this Ordinance. b. Description of the proposed stormwater conveyance system, channelized and/or piped, and calculations for siting and sizing of the system in order to achieve the objectives of this ordinance and which are in accordance with the performance standards described in Section Nine of this Ordinance. C. Description of any proposed recreational and/or landscape features which may be incorporated into the stormwater management system to provide multiple use options in order to achieve the objectives of this ordinance and which are in accordance with the performance standards described in Section Nine of this Ordinance. 6. Erosion and sediment control a. Description of temporary erosion and sediment control and stabilization practices or facilities including the proposed sequencing of operations to control erosion, grading activities, perimeter controls, maintenance activities and final removal. b. Description of permanent erosion and sediment control practices or facilities including vegetative practices, structural controls, and sequencing of activities. 7. Implementation Schedule and Maintenance a. A sequence of construction shall be contained on all plans describing the relationship between construction activities and the implementation and maintenance of sediment controls. Implementation schedule for staging of all stormwater management facilities shall also be described. b. A clear statement of the defined maintenance responsibility which shall ensure the long-term maintenance of stormwater management and erosion control facilities, including contingency plans and responsible parties. c . Ease of maintenance must be considered as a site design component. Access to the stormwater management structure must be provided for in the design. F. 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. G. Additional information or data may be required by the Town as deemed appropriate. H. 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 Ordinance and the regulations, standards and criteria set forth herein. I. Fees shall be charged for the review of Stormwater Pollution Prevention Plans 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. I • J. Applicable fees shall be determined by the Town Board. PAGE 84 `519 SECTION EIGHT: PLAN APPLICATION AND REVIEW PROCESS A. The Stormwater Pollution Prevention Plan 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 Stormwater Pollution Prevention Plan 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 Stormwater Pollution Prevention Plan 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. D. The Town Planning Board shall act to approve or disapprove the Stormwater Pollution Prevention Plan 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 Ordinance. E. No Stormwater Pollution Prevention Plan 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 inspections before, during and Town to at the conduct on -site conclusion of construction activities. F. The applicant shall arrange with the Town as a part of the Stormwater Pollution Prevention Plan, for the following required inspections: 1. An initial inspection prior to final approval of the Plan. 2. Erosion control inspection to ensure erosion control practices are in accordance with the Plan. 3. Inspections of any underground drainage or stormwater conveyance prior to backfilling. 4. A final inspection of all sediment and stormwater management structures and facilities when work on these facilities has been completed. G. The 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. H. The Town shall notify the developer/owner in writing in what respects there has been a failure to comply with the requirements of the approved Stormwater Pollution Prevention Plan. Any portion of the work which does not comply shall be promptly corrected by the developer/owner or the developer/owner shall be subject to the bonding provisions of Section Twelve and the penalty provisions of Section Thirteen of this Ordinance. I. The Town may conduct random inspections to ensure effective control of erosion and sedimentation during all phases of construction. J. 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 plan. 31' PAGE 85 SECTION NINE: PERFORMANCE STANDARDS A. Stormwater Pollution Prevention Plans shall be prepared in kfjo accordance with the minimum Performance Standards in order to achieve the purposes and objectives of this Ordinance. B. Stormwater Pollution Prevention Plans shall be prepared to ensure that there is no net increase in runoff between pre- and post -development conditions for the 2-, 10-, and 50-year, 24-hour storm events. C. All stormwater management practices and controls shall comply with or be consistent with the NYSDEC's Reducing the Impacts of Stormwater Runoff from New Development Erosion and sediment control practices shall comply with or be consistent with New York Guidelines for Urban Erosion and Sediment Control. The use of innovative and effective technologies is encouraged where appropriate in order to achieve the stated water quantity and quality control objectives of this ordinance.and D. The Performance Standards required for this Ordinance shall be equivalent to -the technical standards outlined in the State Pollution Discharge Elimination System (SPDES) General Permit (93-06) regulations for construction activities as amended and revised, EXCEPT where standards set forth in this section are more restrictive. Certain types of projects in environmentally sensitive areas, such as primary or principal aquifer protection areas may require a more stringent Stormwater Pollution Prevention Plan. The standards and considerations taken into account shall include but not be limited to the following: 1. Performance Standards for Flood Control a. Stormwater runoff shall be controlled so that during and after development, the site will generate no greater peak flow than was discharged prior to development for a runoff volume generated from a 2-year 24-hour storm, a 10-year 24-hour storm, and a 50-year 24-hour storm all considered individually. i. The runoff volume generated from a 2-year, 24 hour storm should be stored and gradually released for a minimum of 40-hours. ii. The runoff volume generated from a 10-year, 24 hour storm should be attenuated for a minimum of 24-hours. This design standard is intended to assure the adequacy of existing and proposed culverts and storm drain systems. iii. The runoff volume generated from a 50-year, 24-hour storm should be attenuated for a minimum of 24 hours. This is intended to reduce the rate of runoff from the development to prevent expansion of the 100-year flood plain and to alleviate flooding to improved properties and roadways. • b. Any land clearing or land grading within 200 feet of any watercourse (stream corridor) shall be minimized or avoided. Specific plans for stream corridor restoration shall be required for any land disturbing activity within stream corridors. 2. Performance Standards for Water Quality Management a. Capture of the first 1/2 inch of runoff from the entire site must be achieved such that this volume of water may be treated for significant pollutant removal. b. Infiltration practices for stormwater management shall not be used in the primary and principal aquifer areas of the aquifer protection district, unless treatment of stormwater is provided for prior to the infiltration system. Stormwater retention is preferred in these areas. PAGE 86 3170 3. Performance Standards for Erosion and Sediment Control yp a. 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. b. 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. C. The smallest area of .land practical, not exceeding two acres, shall be exposed by site preparation at any given time 40 and that exposure will be kept to the shortest practical period of time. d. 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. e. 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. 4. Maintenance a. All erosion and sediment control measures should be inspected a minimum of once a week and after every heavy rainfall until the soil is stabilized. The erosion and sediment control measures should be maintained in conformance with the maintenance requirements identified and scheduled for in the Stormwater Pollution Prevention Plan so as to ensure they remain in effective operating condition until such times as they are removed. b. Accumulated sediment shall be removed when 50% of the storage capacity of sediment retention structures is reached. SECTION TEN: REGIONAL STORMWATER MANAGEMENT FACILITIES A. 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: 1. The regional drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this Ordinance. 2. Adverse environmental impacts on the site of development will be minimized; a. 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 Stormwater Pollution Prevention Plan. b. 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. 3di PAGE 87 c. 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 Stormwater Pollution Prevention Plan. d. The potential groundwater impairments from stormwater runoff shall not impact public or private water supply wells. SECTION ELEVEN: MAINTENANCE A. 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 of Cortlandville. 1. 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. 2. 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. 3. 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 of Cortlandville (see Section Seven [E.7.1). 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 of Cortlandville may request the services of an outside consultant, expert or specialist to review the report. 4. Stormwater management facilities maintained by an owner or homeowner's association shall have adequate easements to permit the Town of Cortlandville to inspect and, if necessary, to take corrective action should the owner fail to properly maintain the system. Before taking corrective action, the Town of Cortlandville 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 of Cortlandville, 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 Ordinance or by the homeowner's association. In the event that the homeowner's association fails to pay for required corrective action, the Town of Cortlandville shall have a lien placed on the real property of members of the homeowner's association until payment is made. B. 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 of Cortlandville. SECTION TWELVE: PERFORMANCE BOND A. In order to ensure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Town of Cortlandville in its approval of the Stormwater Pollution Prevention Plan, the Town of Cortlandville shall require the developer to provide, prior to construction, a performance bond, escrow account certification, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Cortlandville as the beneficiary. The security shall be in an amount to be determined by the Town of Cortlandville based on submission of final design plans, with reference to actual construction costs. 1 0 1 PAGE 88 131a B. 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 of Cortlandville with an -,13 irrevocable letter of credit from an appropriate financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities for the life of the project. C. The letter of credit shall remain in force until the surety is released from liability by the T o w n o f Cortlandville. D. Per annum interest on the letter of credit will be reinvested in the account until the surety is released from liability. E. The operation and maintenance letter of credit shall remain in force for the life of the project. F. If the developer or owner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Cortlandville may draw upon the account to cover the costs of proper operation and maintenance. SECTION THIRTEEN: ENFORCEMENT A. Nuisance. Any development activity that is commenced without prior approval of a Stormwater Pollution Prevention Plan or is conducted contrary to an approved Stormwater Pollution Prevention Plan as required by this Ordinance, 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 by law, any person who violates the provisions of this Ordinance shall be punished by a fine of not less than One Hundred Dollars ($100) nor more than One Thousand Dollars ($1,000) per offense or by imprisonment for a period not to exceed sixty (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 of Cortlandville 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 Ordinance, 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 Ordinance 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 89 -I� 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. 9 SECTION FOURTEEN: APPEALS A. Any person aggrieved by the action of any official charged with the enforcement of this Ordinance, as the result of the disapproval of a Stormwater Pollution Prevention Plan, issuance of a written notice of violation, or an alleged failure to properly enforce the Ordinance 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 twenty (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). SECTION FIFTEEN: SEVERABILITY A. Each separate provision of this Ordinance is deemed independent of all other provisions herein so that if any provision or provisions of this Ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION SIXTEEN: VARIANCE A. The Town of Cortlandville may grant a written variance during the review process, from any requirement of this Ordinance 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 Ordinance. SECTION SEVENTEEN: EFFECTIVE DATE This Ordinance shall become effective on OCTOBER 27, 1997 PAGE 90 STORMWATER POLLUTION PREVENTION PLAN Checklist Please refer to the Cortlandville Stormwater Management p� and Erosion and Sediment Control Ordinance for further detail. 1. Background information The name, address, and telephone number of the owner and developer. A brief description of the project including appropriate information about the size and scope of the project, additional ® improvements to the site, and a brief description of stormwater management provisions. A map with the information necessary to locate the property and its location with reference to major landmarks, clearly identified. Determination of the site limitations and development constraints. Determination of the potential impacts from the proposed development to natural processes and features. 2. Existing pre -development conditions A map showing existing conditions for drainage on -site including topography, culverts, ditches, and sub -watershed boundaries. A description of the soil characteristics on the site. 3. Proposed future development conditions A plan at an appropriate scale, accompanied by a design, indicating at least the existing and proposed topography, and the proposed grading and earth disturbance. Stormwater management and erosion control provisions, sequencing of operations to prevent erosion, and design details for structural controls, including diversions and swales. 4. Comparison of pre -development with post -development runoff. Description of the methodology used to determine stormwater runoff characteristics. Stormwater management and stormwater drainage computations, including pre -and post -development velocities, peak rates of discharge, storage volumes and surface area requirements for controlling stormwater runoff at all existing and proposed points of discharge for the 2-, 10-, and 50-year, 24-hour storm events. 5. Stormwater management component shall include: Description of the proposed stormwater management facilities including design and calculations made for siting and sizing facilities for both peak flow attenuation and water quality control. Description of the proposed stormwater conveyance system, channelized and/or piped, and calculations for siting and sizing of the system. Description of any proposed recreational and/or landscape features which may be incorporated into the stormwater management system to provide multiple use options. 6. Erosion and sediment control Description of temporary erosion and sediment control and stabilization practices or facilities including the proposed sequencing of operations to control erosion, grading activities, perimeter controls, maintenance activities and final removal. PAGE 91 Description of permanent erosion and sediment control !� practices or facilities including vegetative practices, structural controls, and sequencing of activities 7. Implementation Schedule and Maintenance A sequence of construction shall be contained on all plans describing the relationship between construction activities and the implementation and maintenance of sediment controls. Implementation schedule for staging of all stormwater management facilities shall also be described. A clear statement of the defined maintenance responsibility which shall ensure the long-term maintenance of stormwater management and erosion control facilities, including contingency plans and responsible parties. • Statement regarding the ease of maintenance of the structural design and access to the stormwater management structure. 1 11 I Pg. No. Building Const. Code Administrative Ord. 4/16/75 (Ord.) 4 Building Code ��5l`7S" . (Code) 1 1 9 1 • 11 1 Pg. No. Community Antenna System Ord... Amendment "A 9/75 ( Ord.) Pg. 5 Dog Control Ordinance 12/5/79 Pg. 18 C C 1 0 11 Dog Controll Ordinance Amend ,:Town of Cortlandville Dog Ordinance 9/15/80 Dog ordinance 6/3/81 Dog Ordinance 4/18/83 Drug & Alcohol 12/20/95 Testing Policy 11 1 C 1 Pg. 18 Pg. 27 I!I Pg . 301 Pg • 35 {'I P J . 7 3!-A Pg. No. Electrical Code (Code) 2 Adoption of Ordin Amending '! I,I the Ordinance Constit, the E Electrical Codej41S- i 7z' 6 +i Adopt Local Law # 3 for 1984 Early Retirement Incentive Program ti ti "I III , , 4�( �I 1�1 0 Page ;�� t a lil/7`i Local Pg.No. Freedom of Information ( Law) 1 Adoption of N.Y.S. Fire i Prevention Code (code) Pg . 7,i r i. UNIFORM FIRE PREVENTION & BUILDING CODE (LOCAL LAW # 1, 1985 Page 29 - 1 6ro E E I El a E Local Law # 1 1976 Pg. 3 Local Law # 1 1978 Pg.-5 Local Law # 1 1981 Cortlandville Park & Recreational f, Area Pg. 9 !! Local Law # 1 1982 Pg. 13 111 Adopting Local Law # 1 of 1983- ;1{ ® AmendiY,o-cal Law # 1 of 1981 Page 14 ;! Ip ' I ® Adoption fo Local Law #2, 1983 Page 15 , �i Local Law # 1 for 1984 Electing Highway Superintendent Page 25 a' rr ,� li r. Flo � �"/; {,�:� � �' � �:� w � ri Y {j 0 Lf C Y/, 1 cIW2U, (z fir; : !I I WAS NOT VOTER APPROVED WAS NOT ADOPTED LOCAL LAW N0. 1 FOR 1986 New Zoning Law and Map. Page #33 LOCAL LAW NO. 2 FOR 1986 Defense and Indemnification of Town Officers and Employees Page #34 LOCAL LAW NO. 1 FOR 1987 Zoning Change Request Neal Stearns Page #35 LOCAL LAW NO. 2 FOR 1987 Zoning Change Request Roger Beck Page #36 LOCAL LAW NO. 3 FOR 1987 Providing for the Amendment of Local Law No.2 for The Year 1983 and Thereby Changing Regulations in Flood Hazard Areas Page 37 LOCAL LAW NO. 4 FOR 1987 Providing For the Amendment of Local Law No.l for the Year 1986 and Thereby Changing Regulations in Flood Hazard Areas and Definitions Including Mobile Homes; and Establishing Fees For Permits and Variances Page 39 LOCAL LAW NO. 5 FOR 1987 Providing for a zoning change Agriculture to Residential R-1 William McDermott Page 41 LOCAL LAW NO. 6 for 1987 Providing for a Zoning Change Luker Road - NCC Industries Page 42 LOCAL LAW NO. 1 FOR 1988 ADOPT LOCAL LAW NO. 1 FOR 1988, AS AMENDED PROVIDING FOR AN AMENDMENT TO LOCAL LAW NO.1 FOR ® 1986, THEREBY CREATING AN AQUIFER PROTECTION DISTRICT IN THE TOWN OF CORTLANDVILLE PAGE 43 LOCAL LAW NO. 2 FOR 1988 PROVIDING FOR AN AMENDMENT TO LOCAL LAW NO. 1 FOR 1986 CORTLANDVILLE ZONING LAW PAGE 54 LOCAL LAW NO. 3 FOR 1988 PROVIDING FOR A ZONE CHANGE FOR KRIS LARSEN - BLODGETT MILLS PAGE 56 LOCAL LAW NO. 4 FOR 1988 PROVIDING FOR A ZONE CHANGE FOR ANGELO CINCOTTA - BLODGETT MILLS PAGE 57 LOCAL LAW NO. 5 FOR 1988 PROVIDING FOR A ZONE CHANGE FOR RONALD E. HALL - RT. 13 PAGE 58 LOCAL LAW NO. 1 FOR 1989 PROVIDING FOR THE RECOVERY OF ATTORNEY FEES IN ZONING CASES PAGE 59 LOCAL LAW NO. Z FOR 1989 PROVIDING FOR AN AMENDMENT TO THE TOWN ZONING LAW AND MAP - ESTABLISH A TRANSITION ZONE PAGE 60 LOCAL LAW NO. 3 FOR 1989 PROVIDING FOR THE AMENDMENT OF LOCAL LAW NO. 2 FOR THE YEAR 1983 THEREBY ADDING REGULATIONS FOR FLOOD HAZARD AREAS PAGE 63 ® LOCAL LAW NO. 1 OF 1990 PROVIDING FOR THE BILLING AND COLLECTION OF ALL RENTS, RATES, FEES AND ASSESSMENTS FOR WATER AND SEWER PAGE 64 LOCAL LAW NO. 2 of 1990 PROVIDING FOR THE AMENDMENT OF LOCAL LAW NUMBER 1 OF 1986 THEREBY ADDING REGULATIONS TO THE FLOOD DAMAGE PROTECTION ARTICLES OF THE ZONING LAW PAGE 65 LOCAL LAW NO. 1 OF 1991 PROVIDING FOR A MORATORIUM ON THE ISSUANCE OF SITE PLAN APPROVALS FOR MOBILE HOMES - THROUGH DECEMBER 31, 1991 PAGE 66 LOCAL LAW NO. 2 of 1991 ALTERNATIVE VETERANS EXEMPTION Page 67 LOCAL LAW NO. 1 of 1992 PROVIDING FOR A MORATORIUM ON THE ISSUANCE BY THE CORTLANDVILLE PLANNING BOARD OF SITE PLAN APPROVALS QeMflILE HOMES THROUGH MARCH 31, 1992 LOCAL LAW NO. 2 of 1992 ELECTING A RETIREMENT INCENTIVE PROGRAM Page 69 LOCAL LAW NO. 1 of 1993 1993 MOBILE HOME MORATORIUM THROUGH DECEMBER 31, 1993• page 70 LOCAL LAW NO. 2 of 1993 MOBILE HOME MORATORIUM AND AMENDING THE CORTLANDVILLE ZONING LAW Page 71 LOCAL LAW NO. 1 of 1994 PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING -MAP ADOPTED BY LOCAL LAW NO. 1 of 1986. (Douglas Staley - Route 11) LOCAL LAW NO. 1 of 1996 AMEND ZONING LAW TO INCLUDE ADULT ENTERTAINMENT LAW LOCAL LAW NO. 1 of 1997 PAGE 74 APPROVE ZONE CHANGE REQUEST OF DEAN MITCHELL AT 1160 NYS ROUTE 13 LOCAL LAW NO. 2 of 1997 AMEND TOWN ZONING LAW TO INCLUDE STORMWATER MANAGEMENT PAGE 75 and EROSION AND SEDIMENT CONTROL ORDINANCE LAW PARKING ORDINANCE FOR THE TOWN OF CORTLANDVILLE A0QUOe-6 1 1 Ell 0 1 Page 37 vy -I j -i, ?' Y ri Sewer Rents - Discontinue 10% Discount P6! 17 IJ 1 11 11 1 Pg.Nc Snowmobile Ordinance- I/2/74 Discontinue the 1 % discounts for sewer rents 5/16/79 (Ord. ) 1 17 Amend Section Two & Three of Town Sewer ordinance 12/27/79 24 Amend Town of Cortlandville Sewer Ordinance 9/15/80 26 Amend Section # 204 of Town ® Sewer Ordinance 3/4/81 29 L 0 1 Adoption of Transient Retail Business Ordinance Page Adopt Amendment to Town of CIVille Transient Retail Business Ordinan f] C E 1 1 Page 39 Adopt Local Law #__2 For 1984 No -Change -Veterans Exemptions Page �'1 Amend Section VII'.. of Town Water Ordinance 9/5/79 Pg. 16 Amend section VII of Town Water Ordinance 11/17/80 Pg. 28 ADOPT LOCAL LAW # 1 FOR 1984 WASTEWATER DISCHARGE LAW 0 C7 F- E 0 1 Page., ;i Pg.No. Amend Zoning Ord. 12/27/74 (Ord.) 3 Amending T. of C. Zoning Ord. 4/14/80 2 Changing of Zoning Cla�s.Luker Rd. LUKER ROAD -REZONING AMENDMENT Pg. 1 • 0 =I Town of Cortlandville Town Board Meeting - August 5, 1970 Page 245 of 1968=1970 Minute Book 1 Oil LEGAL NOTICE \TOWN OF CORTLANDVILLE IAN ORDINANCE CONSTITUTING THE RULES AND REGULATIONS OF ALL WATER IDISTRICTS OF THE TOWN OF CORTLANDVILLE GOVERNING THE SUPPLY AND US OF WATER. At a meeting of the Town Board of the Town of Cortlandville, held on August 5, 1970, an Ordinance amending the Ordinance Consti tuting the Rules and Regulations of all Water Districts of the .To n. of Cortlandvill6 governing the Supply and Use of Water adopted on. September 30, 1957, and amended on April 29, 1964, was duly adopted: BE IT ORDAINED by the Town Board of the Town. of Cortlandville, Cortland County, Blew York, pursuant to Article 9 and Article 12 of the Town Law, as follows: ARTICLE IV SERVICES 1. All water service shall be installed by the Town Water Superintendent, his agents or employees or such persons as he may designate, at the expense of the consumer. The fee for each in.sta 1- ation shall be $125.00, payable in advance to the Town Clerk, whic shall include the meter, excavation, from main to curb, tapping mai , curb box, pipe frost main to curb valve only for 3/4 inches maximum service, shut-off gates and all necessary labor and materials used in furnishing a connection from the main to the curb box only. All services in excess of 3/4 inches shall be installed by the Town Water Superintendent, his agents or employees, or such persons as he may designate, and the cYEmge therefor shall be, cost plus ten. percentum (10%). All material and meters so used shall be and re- main the property of the Water District. Dated: September 3rd, 1970. LELAN M. BROOKINS, Clerk Town of Cortlandville 3577 Terrace Road Cortland, New York, 13045 33 1 L Town of Cortlandville own-ToMeeting - October 22, 1970 Page 260-263 of 1968-1970 Minute Book \ CODE OF ETHICS TOWN AND LOCAL LAW TOWN OF COATLANDVILLE Local Law No. 1 for the year 1970 establishing standards of conduct for officers and employees of the Town of Cortlandville. Be it enacted by the Town Board of the Town of Cortlandville II as follows: Section 1 - Pursuant to the Provisions of Section 806 of the General Munidpal Law )40 the Town of Cortlandville recognizes that theft are rules of ethical conduct for public officers and employe which must be observed if a high degree of moral conduct is to be lobtained and if public confidence is to be maintained in mr unit s Of local government. It is the purpose of this local law to promul- gate these rules of ethical conduct for the officers and employees of the Town of Cortlandville. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Cortlandville. The rules of ethical conduct of this local law as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any oche general or special law relating to ethical conduct and interest in contracts of municipal officers and employees. Section 2. Definition. (a) "Municipal Officer or Employee" means an officer or employee of the Town of Cortlandville, whether paid or unpaid, including members of any administrative board, com, nission or other agency thereof. No person shall hp appmnA t„ a municipal officer or employee solely"iby reason of being a volun- teer fireman or civil defense volunteer, except a chief engineer o assistant chief engineer. (b) "Interest" means a. pecuniary or material benefit accruin to a municipal officer or employee unless the context otherwise requires. ii c Section 3. Standards of Conduct. Every officer or employ e-- ,f the Town of Cortlandville shall be subject to and abide by the following standards of conduct: Town of Cortlandville Town Board Meeting - October 22, 1970 Page 261 of 1968-1970 Minute Book zo-3y (a) gifts. He shall not directly or indirectly, solicitf an gift; or accept or receive any gift having a. value of $25.00 or mole, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intende to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a re -I hard for any official action on his part. (b) Confidential information. He shall not disclose confide - tial information acquired by him in the course of his official dut es or use such information to further his personal interest. ( e ) Representation before one's own agencys tie snGt.l-, awv t-c ceive or enter into any agreement, express or implied, for compens - tion for services to be rendered in relation to any matter for any, municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee. (d) Representation before any agency for a contingent fee. He shall not receive, or enter into any a.greement, express or impl ed for compensation for services to be rendered in relation to any matter before any a.gency of his municipality, whereby his compensa. tion is to be dependent or contingent upon any action by such agency with rezpect to such matter, provided that this paragraph shall no prohibit the fixing at any time of fees based upon the reasonable value of the services rendered. (e). Disclosure of interest in le islation._ To the extent that he knows thereof; a member of the Town Board and any officer or em ploTpe of the Town of Cortlandville, whether paid or unpaid, who participates in the discussion or gives official opinion to the To Board on any legislation before the Town Board shall publicly dis close on the official record the nature and extent of any direct o 11indirect financia.l or other private interest he has in such legisla 11tion. Town of Cortlandville Town Board Meeting - October 22, 1970 �� Page 262 of 1968-1970 Minute Book 3S 1 1 (f) Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, busine-ss, commercial or other private transaction, whi creates a. conflict with his official duties. (g) Private employment.._ He shall not engage in, solicit, negotiate for or promise to accept private employment or render sez vices for private interests when such employment or service createE a conflict with or impairs the proper discharge of his official duties. (h) Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Town of Cortlandville in relation to any case, proceeding or application in which he personally participated duri g the period of his service or employment or which was under his actAve consideration. Section 4. Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or empl y- ee of any claim, account, demand or suit against the Town of Cort- landville, or any agency thereof on behalf of himself or any membe of his family arising out of any personal injury or property damag or for any lawful benefit authorized or permitted by law. Section 5. Distribution of Code of Ethics. The Supervisor o the Town of Cortlandville shall cause a copy of this code of ethic: to be distributed to every officer and employee of the Town within ten days after the effective date of this local law. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment. Section 6. Penalties.,: In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentinnally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law. Town of Cortlandville Town Board Meeting — October 22, 1970 Page 263 of-1968-1970 Minute Book 1 Section 7. Effective date. This local law shall take effect twenty days after it is filed a-sprovided in section 27 of the muni- cipal home rule law. )M,EN ZO OF STATE APPROVED October 22, 1970 SUPERVISOR, TOWN OF ORS' NDVILLE J Qa s¢eGsi STATE OF NEW YORK DEPARTMENT OF STATE 162 WASHINGTON AVENUE ALBANY, NEW YORK 12225 October 27, 1970 i Mr. John J. Gardner, Attorney Town of Cortlandville 1 Main Street Cortland, New York 13045 Dear Sir: JOHN J. GHEZZI DEPUTY SECRETARY DANIEL J. MEAGHER, JR, DEPUTY SECRETARY EDWARD L. WARREN DEPUTYSECRETARY JACK R. MURATORI DEPUTY SECRETARY COUNSEL MAURICE FLASTERSTEIN ADMINISTRATIVE DIRECTOR Please be advised that Local Law No. 1 of 1970 of the Town of Cortlandville was received and filed on October 26, 1970- We enclose herewith additional forms for the filing of local laws for your future use. Very truly yours, JOHN P. LOMENZO Secretary of State Thomas W. Wallace Deputy Secretary of State Election and Law Bureau cc: State Comptroller Division of Municipal Affairs I 1` J v. Town of Cortlandville Town Board Meeting - September 6, 1972 Page 150, 152, 154 of 1971-1973 Minute Book 37 1 1� PRESENT: At a meeting of the Town Board of the Town of Cortlandville, Cortland County,. New York, held at the Town , Hail, -'Terrace Road, Town of Cort- landville, on the 6th day of Septemb r, 1972. Frank K. Taylor, Supervisor; Donald F. Eaton, Justice of the Peace; Ronald Fish, Justice of the Peace; Ray E. Miller, Councilman; Sherman Griswold, Councilman. • • • • • • . • • • • • • • • • • • • • In the Matter of ORDER the Application of Walter 0. Westendorf and St. Mary's Church for the Annexation to the City of Cortland of certain territory adjoining said City, now located in the Town of Cortlandville, Cortland County, New York. • • • • • • . • • • • . • • • •. -• . . • • • s • WHEREAS, Walter 0. Westendorf and St. Mary's Church have filed in the Town Clerk's Office their joint Petition dated May 5, 1972, the Town Board and to the Common Council of the City of Cortland, N fork, requesting the annexation to said City of certain lands situa within the Town and adjoining said City, which lands are described in the aforesaid Petition and a map attached thereto; and WHEREAS, A public hearing before the Town Board and the Common Council of said City was held at the Town Hall on the 14th day of June, 1972, and the testimony and minutes kept and taken at said eting have since been filed with the Town Clerk; and WHEREAS, Walter 0. Westendorf and St. Mary's Church have filed n the Town Office their joint Amended Petition dated 972, to the Town Board and to the Common Council of the City of ortland, New York, requesting the annexation to said City of certai ands situated within the Town and adjoining said City, which lands re described in the aforesaid Petition and a map attached thereto; WHEREAS, It appears to be in the over-all public interest to approve such proposed annexation,;it is RESOLVED and DETERMINED: E 1J6r Town of Cortlandville _ Town Board Meeting - September 6, 1972 Page 152 of 1971-1973 Minute Book 38 1 1 1 I 1. That the aforesaid petition complies with Article 17 of th lGeneral Municipal Law. 2. That, on the basis of considerations including, but not limited to, those relating to the effects upon (a) the territory proposed to be annexed; (b) the City of Cortland; (c) the remaini area of the Town of Cortlandville; (d) the Enlarged School Distric of the City of Cortland and the Fire Protection District of the Tow, of Cortlandville, both of which are wholly situated in the territor proposed to be annexed, it is in the over-all interests of the Town Board to approve such proposed annexation. 3. That the Town Board of the Town of Cortlandville hereby approves the annexation to the City of Cortland of: ALL THAT TRACT OR PARCEL OF LAND situated in the Town of Cort- landville, County of Corand and State of New York, being part of Lots #75 and #76 being bounded and described as follows: Beginning at a point on the Corporation line between the City of Cortland and the Town of Cortlandville, said point being on the center line of Pendleton Street;.thence running S 840 55' 1611 E along said Corpora- tion Line a distance of 2388.98' to a point; thence running S 060 11` 00" W a distance of 787.31' to a point; thence running N 830 49 00" W a distance of 700.0 ' to a point marking the division line tween Lot #76 on the east and Lot #75 on the west; thence running N D60 ill 00" E along said division line a distance of 418.07 feet to a point located 92.5 feet, on said course, north of the center line of Oakcrest Avenue;arubning thence parallel to the center line of Oakcrest Avenue a distance of 55 feet to a point; running thence south a line parallel to said division line.between lots 75 and 76 a istance of 50 feet to a point; running thence N 830 57' 39" W on a ine parallel with, and at all points 42.5 feet northerly of, the enter -line of Oakcrest Avenue, a distance of 1204.37 feet to a po n the east line of the premises now or formerly owned by. Leon Dor d wife (See Book 232 of Deeds at page 340); running thence N 040 6' 17" E along the east line of the premises owned by said Leon Doi �' E • � �l�- G'w r�r,, S t r Town of Cortlandville Town Board Meeting - September 6, 1972 Page 154 of 1971-1973 Minute Book 39 fl 1 and wife acid said east line extended, a distance of 105.0 feet to a point; running thence N 830 57' 39" W along a line parallel with, a at all points 15 feet northerly of the north line of the premises owned by said Leon Doran and wife and the north line of the premise owned by Richard Doran and wife (See Book 196 of Deeds at page 581) a total distance of 195.82 feet to a point in the east line of the premises now or formerly owned by James Henry Morrisey (See Book 12 of Deeds at Page 360); thence running N 040 36, 17" E a distance of 116.50' to a point on the proposed center line of Oak Street (not built); thence running N 830 57' 39" W along the proposed center li of Oak Street a. distance of 225.0' to a point in the center line of Pendleton Street; thence running N 050 16' 12" E along said center line of Pendleton Street a distance of 156.041 to the place of be- ginning and containing 27.37 acres of land more or less. After discussion, the adoption of the foregoing resolution wasl duly put to a vote, and, upon roll call, the vote was as follows: Councilman Miller, voting Councilman Griswold, voting ,7" Justice of the Peace Fish, voting Justice of the Peace Eaton, voting and Supervisor Taylor, voting The resolution was thereupon declared duly adopted. Dated: September 6, 1972. Frank K. Taylor, Superv�sor Donald F. Eaton, Justice of the Peac 4 • ,f :��ifv. `i • "-'ice • �f "i s s • • • Ronald Fish, Jsttice of the Peace • • • a . • • . . a . . • . • • • • • Ray E. Miller, Councilman Sherman Griswold, Councilman Members of the Town Board of the Towx of Cortlandville a PG 1 Tuesday, January 2, 197LN Pages 1 & 5 of 19?4 Minutes Book RESOLUTION #12: ADOPTION OF SNOWMOBILE:., ORDINANCE Motion made by Councilman Miller, seconded by Councilman Griswold, Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Miller, aye; Councilman Griswold, aye; Supervisor Frank K. Taylor, aye. • AN ORDINANCE PERMITTING THE OPERATION OF SNOWMOBILES IN THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK. • BE'''IT ORDAINED, by the Town Board of the Town of Cortlandville, pursuant to Article 25 of the Parks and Recreation Law, as follows: Section 1 - Title. This Ordinance shall be known and may be cited as the Town of Cortlandville Snowmobile Ordinance. Section 2 - Designation of Highways. Highways and portions thereof within the Town of Cortlandville upon which the operation of snowmobiles is permitted are hereby designated as follows: (a) County Highways Nos. 121 and 121-B, known as Kellogg Road, from its intersection with the south end of Loope Road., and running southeasterly to its intersection with Kinney Hill Road. (b) County Highway No. 121-A, known as Blodgett Mills Road, from -its intersection with the bridge over Tioughnioga River, and running westerly to the west end thereof. . (c) Town Highway, known as Gailor Road, from its inter- section with Kinney Hill Road, and running south tothe south line of the Town of Cortlandville. • (d) Town Highway, known as West River Road, from its intersection with Kellogg Road, and running southeasterly to the south line of the Town of Cortlandville. (e) Town Highway known as Blodgett Mills West Road, from its intersection with Pendleton Street Extension, and running easterly to the east end thereof. PG 2 Section 3 - Operation on Highways. Snowmobiles shall be operated only on the roadways of said highways or portions thereof, subject to the provisions of Article 25 of the Parks and Recreation Law of the State of New York, and Article 47 of the Vehicle & Traffic Law of the State of New York, and subject to -the restriction that snowmobiles shall not be operated on the roadways of said :highways or portions thereof between the hours of 10:00 • O'clock in the evening Sunday through Thursday, inclusive, and 8:00 o'clock in the morning of the following days, and between 2s00 o'clock and 8:00 o'clock in the morning of ,Saturday and Sunday. 1 40 40 I PG 3 Friday, December 27, 1971P Page 115 of 197La Minutes Book RESOLUTION ##1�7: AUTHORIZATION TO AMEND SECTION 1500 OF THE 1968 TOWN OF CORTLANDVILLE ZONING ORDINANCE. Upon motion by Justice, Donald Eaton and seconded by Justice Ronald Fish and voted on as follows: Justice Eaton, aye; Justice Fish, aye; Deputy Supervisor, Councilman Sherman Griswold, aye® the following was adopted: ® BE IT ORDAINED, that Section 1500 of the 1968 Zoning Ordinance of the Town of Cortlandville, New York, adopted • on October 2, 1968, and thereafter amended on June 4, 1969, be amended to read as follows: "Section 1500. Enforcement. This Ordinance shall be enforced by the Zoning Enforcement Officer who $hall be appointed by the Town Board." 1 • 1 PG 4 Wednesday, April 16, 1975 Pages 167 & 168 of 1975 Minutes Book A'ESOLUTION #59: ADOPTION OF BUILDING CONSTRUCTION CODE ADMINISTRATIVE ORDINANCE Motion made by Councilman, Sherman Griswold and seconded by Councilman, Ray Miller. Votes: Councilman, Miller, aye; Councilman, Griswold aye; Justice Eaton, abstain; Justice Fish, aye; Supervisor, Blatchley, aye. Be it resolved, That a Building Construction Code Administrative Ordinance be, and it hereby;is, adopted as follows: BUILDING CONSTRUCTION CODE ADMINISTRATIVE ORDINANCE OF THE TOWN OF CORTLANDVILLE, NEW YORK The Town Board of the Town of Cortlandville, County of Cortland and State of New York, having duly adopted a resolution accepting the applicability of the State Building Construction Code, hereby enacts the following Administrative Ordinance pursuant to the provisions of Section 383 of the Executive Law of the State of New York and of all other applicable laws: Section 1. This ordinance shall be known and may becited as the "Building Construction Code Administrative Ordinance of the Town of Cortlandville, New York." Section 2. The Town Board of the Town of Cortlandville is hereby authorized to appoint or employ a building inspector. Section 3. The building inspector shall have all of the powers relating to administration and enforcement of the State Building Construction Code set forth in Article 18 of the Executive Law and shall have the power to administer and enforce any and all other building regulations applicable to the Town under any other law or ordinance relating to building regulations now, or hereafter, appli- cable to the Town of Cortlandville. Section 4. The building inspector may be appointed or employed by the Town Board in conjunction with one or more municipalities. The compensation of -the building inspector shall, from time to time, be fixed by the Town Board. Section 5. The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof. • is 1 PG 5 Wednesday, November 19, 1975 Page 248 of 1975 minut#,,sQ book RESOLUTION #162: AMENDMENTS TO ORDINANCE GRANTING A FRANCHISE AND PERMIT FOR A COMMUNITY ANTENNA SYSTEM IN THE TOWN OF CORTLANDVILLE Upon motion of Councilman Griswold, seconded by Councilman Miller and voted on as follows: Justice Eaton, aye; Justice Fish, aye; Councilman Miller, aye; Councilman Gki bold, aye; Supervisor Blatchley, aye. • WHEREAS, the Federal Communications Commission and the New York Commission on Cable Television have issued franchise standards which must be incorporated by amendment of the franchise ordinance of a cable television system; and, WHEREAS, the legal, character, financial, technical and other qufications of Sammons Communications, Inc. and the adequacy and feasibility of its plans for constructing and operating a cable system in the Town of Cortlandville have been considered and approved in a fulllpublic proceeding affording due process of which public notice was given, NOW THEREFORE, be it enacted by the Town Board of the Town of Cortlandville that the above referenced Ordinance adopted on October 6, 1964, be amended by adding the following provisions, which comply with the franchise standards specified in Section 76.31 of the Rules of the Federal Communications Commission and in Part 595.1 of the Rules of the New York State Commission on Cable Television. Any provisions of the franchise Ordinance which are inconsistent or in conflict with the terms of this amendment shall be null and void and of no further force and effect. 1) The -cable system presently offers cable service through- out the municipality. The franchisee will abide by any line extension policy or changes in service requirements which may be adopted by the Federal Communications Commission and/or • the New York State Commission on Cable Television. The franchisee shall not abandon any service or portion thereof without the written consent of the municipality. 2) Town Board hereby grants to Comp?.,ny a non-exclusive franchise, right and privilege to operate, modify, add to and maintain, in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town of Cortlandville, poles, wires, cables, underground conduits, manholes and 6th:er television conductors and fixtures necessary for the PG6 maintenance and'operation of the System for the purpose of distributing television and radio signals, and other electronic impulses in order to furnish television and radio programs, and various communications and other elects -tonic services to the public. This non-exclusive franchise shall terminate at the end of a period of ten years from the effective date of this amendment. Upon expiration of the franchise, it shall be subject to renewal upon the same terms and conditions as contained herein or upon -such different terms and conditions as shall be consistent with the rules and regulations of the Federal Communications Commission and the New ,,York State Commission • on Cable Television® The terms of the franchise and any amendment thereto shall be subject to the approval of the New York State Commission on Cable Television. 3) All work involved in the construction, installation, maintenance and repair of the cable system shall be performed in a safe, thorough, and reliable manner. Any municipal property damaged or destroyed through the fault of the fran- chisee, its agents or employees shall be promptly repaired or replaced by the franchisee and restored to serviceable condition. !P) The franchisee shall during each year of operation under this amended franchise, pay to the municipality three (3%) percent of the annual gross subscriber revenues received by the franchisee for service rendered to subscribers located. within the municipality. However, such payments shall be reduced by the amount payable to the New York State Cable Commission pursuant to the provisions of Section 817 of the Executive Laws, of the State of New York, so that the fee • provided for herein and the fee payable to said New York • State Cable Commission, when added together, do not exceed the maximum amount by applicable rules and regulations of the FCC or other federal laws, rules or regulations. At the time of this annual payment, the franchisee shall furnish the municipality with an annual report showing the franchisee's annual gross subscriber revenues during the preceding year an d such other information as the municipality shall reasonabll require with respect to properties and expenses related to the franchisee's services within the municipality for such period. PG 7 5) (a) The franchisee's initial rates for service rendered to subscribers pursuant to this amended franchise shall not exceed those set out in the rate schedule attached hereto as Exhibit "B" and made a part hereof, Rates for aspects of service other than those set forth in Exhibit "B" shall be mutually agreed upon by municipality and the franchisee; provided, however, that should a mutual agreement pertaining to such rates not be reached within a reasonable time, which shall not exceed forty-five (45) days from the date negotiations are initiated, said rates shall be determined by the NYSCC. (b) No increases in rates charged to subscribers shall be • made except as authorized by the municipality after an appropriate public hearing affording due process, provided further that all rate increases shall fully comply with the rules and regulations of the NYSCC and FCC. (6) During the term of this amended franchise, the franchisee shall maintain a local business office or agent for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. The provisions of this Section shall be complied with if the franchisee provides a toll -free telephone line to its business office in the local area for the purpose of receiving and acting upon subscriber inquiries and complaints. The local office shall be open to receive inquiries or complaints, from subscribers during normal business hours, the minimum office hours of which shall be from 900 A.M. to 5:00 P. M., Monday through Friday. Any complaints from subscribers shall be investigated and acted upon as soon as possible, but at least within three business days of their receipt. The franchisee shall keep a maintenance service log which will indicate the nature of each service complaint,;' the date and time it was received, the disposition of said complaint and the time and date thereof. This log shall be made available for periodic inspection by the muni- cipality. The franchisee shalla.provide notice to each of its subscribers, at intervals of not more than one year, of the procedure for reporting and resolving subscriber complaints. Such notice shall be written or by such other means as the New York State Commission on Cable Television may from time to time :approve upon application by the franchisee. 7) (a) The franchisee shall pay, and by its acceptance of this amended franchise the franchisee expressly agrees that it will indemnify the municipality for, and hold it harm- less from, all liability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken by franchisee pursuant to the amended franchisee The municipality shall notify the franchisee's pursuant to the amended franchise. The municipality shall notify the franchisee's representative within fifteen (15) days after the presentation of any claim or demand to the municipality, • either,,by suit or otherwise, made against the municipality on account of any negligence or contract as aforesaid on the part of • the franchisee. The franchisee further agrees as follows: (1) Franchisee shall carry Workmen's Compensation insurance, with statutory limits, and Employers' liability insurance with limits of not less than One Hundred Thousand ($100,000.00) Dollars, which shall cover all operations to be performed by franchisee pursuant to this Ordinance and amended franchise. (2) Franchisee shall carry Comprehensive General Liability and Comprehensive Automobile Liability Insurance with bodily injury limits of not less than Three Hundred Thousand ($300,000.00) Dollard per occurrence, and property damage limits of not less than Three Hundred Thousand ($300.000.00) Dollars. (3) Franchisee's Workmen's Compensation, Comprehensive General Liability and Comprehensive Automobile Liability Insurance shall be written by an insurance company with a capital and/or surplus of not less than $3000,000.00, and franchisee agrees to furnish municipality with certified copies of certificates of insurance of said policies, which shall_. -provide that insurance shall not be cancelled unless ten (10) days prior written notice shall first be given to municipality. b) The franchisee shall comply with all the provisions of the Workmen's Compensation Law of New York. c) Franchisee shall within thirty (30) days subsequent to the effective date of the amended franchise, post a performance bond with the municipality, written by an approved corporation sur&ty in the amount of Five Thousand ($5,000.00) Dollar,' and in a form satisfactory to the municipality guaranteeing franchisee's continued operation of the cable television system within the ;,municipality, and franchise shall well and truly gbserve, fulfill, PG 9 and perform each term and condition of the bond; provided, however, that if the franchisee had posted a bond pursuant to the requirements of the franchise heretofore granted and said bond is in effect when the term of this amended franchise begins and is in a form -and amount satisfactory to the municipality, such bond shall constitute full compliance with the requirements of this Section. All damages which may be directly occasioned by the failure of the amended franchise, up to the principal amount of the bond, shall be recoverable from the principals and sureties of said bond • by the municipality. (1) If franchisee should commit a minor breach of the amended franchise or of the rules and regulations of ;the New York State Commission on Cable Television and not remedy such breach within sixty (60) days after having received written notice from the municipality to so do, then the municipality, at its discretion, may declare a portion of the bond equivalent to the amount of damages substained by the municipality which are directly attributable to such breach within sixty (60) days of such forfeiture replace the for- feited portion of the bond. Notwithstanding the foregoing, nothing contained in this )paragraph shall serve to absolve franchisee of any of its obligations under the amended franchise or the rules and regulations of the New York State Commission on Cable Television and Federal Communications Commission. (2) The franchisee shall ]pay all premiums chargeable for the bond and shall keep the same in full force and effect at all times throughout the term of.the amended franchise and • during the removal of all.poles, wires, cables, underground conduits, manholes, and other conductors, equipment and fixtures subsequent to the termination of the amended fran- chise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to sixty (60) days after written notice to that effect is given to the Clerk or similar official of the municipality. PG 10 (8) The franchisee shall keep pertinent books, records, maps, plans, financial statements, and other like materials relating to its investment and operation of the system which shall be available for inspection by the municipality upon reasonable notice and during normal business hours. 9) The franchisee will not refuse to hire or employ, nor bar or discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment because of age, race, creed, color, national origin or sex. 10) The franchisee shall file all necessary requests • for operating authorizations within sixty (60) days of the date of franchise award or any amendment thereto. 11) Administration of the amended franchise shall be conducted by and through the Supervisor of the municipality. 12) The municipality reserves the right to adopt, in addition to the provisions contained in the amended franchise and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its police power; provided, however, -that such regulations are reasonable and not materially in conflict with the rights and privileges granted to franchisee by the amended franchise. 13) Consistent with the requirements of Section 76.31 (a) (6) of the FCC Rules and Regulations, any modification of Section 76-31 resulting from an amendment thereto by the Federal Communications Commission shall to the extent applicable be considered as a part of the amended franchise as of the effective date of such amendment by the Federal. Communications Commission and shall be incorporated in the amended franchise by specific amendments thereto by the lawful action of the municipality's • governing body within one (1) year from the effective date of the modification or upon renewal of the franchise, whichever occurs first. lea) If any section, subsection, sentence, clause, phrase or portion of this Ordinance and amended franchise granted thereunder is for any reason held invalid or unconstitutional by any Court or agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of either. 15) These amendments shall. take effect immediately. B �X i J L A t"r SA M RD"y —:A T A C 0 51.* 0 s gr gyp. d rr z HAIF I.Lq UILL BOND RCAT 1112 A) 10W 0 0� < c c i A_-_tLoring COsslng & K ALSA!USE j,V- > ROAD m - 0 HILLSI�-E Dr. 4EAVA UINE—->< U > A i ALEXANDRI] 13 x ROAD (AMES vEK RO Lqq lu)_ io BLUE A:� 9m kU�L ER -tland co A Hoy L; 1 0:RGAD 19 114 �5) iF 5u ,—­ RILEY RD. 01 0 0 CO LE 1 it RURAL AVE. lit I VVE Or, E RuA !s % P RRiS Z22 - ,�D IN" c G a "i RD. r; �A ou" A,. CPC,• �i ;Z_ Iz- 2221 01-, > CA CREST WNKLE 'AAY./a.ST. x --------------- SLEEPY F.DL1_aN;D.' KIEL A AT. 3— ­- i G 0�,0111 - RD. NN DfERFIELD XT unsons Co�r�ier ssTVIEW TERRACE v L s L N. E. IT OLL AHRENS ROAD RD POPEST Z; CIR.. 31 LO'N ­0 V,, ?HEASA T r 04 N BP R h 124 Lu 'UhZZN' re 121, - Gracie gt6d gett V I I I BLODGETT MILLS .4 BENNIE ROAD youth Cortland s, W;11;N Bmci BLODGETT MILLS v,, E ST ROAD I"':_ E AVE,, 1.). S. Fsh 23 111A. 0 G4 L L A C;/F-, 0 Q 30001 pi D 0 a 0A D 0 4 I A f,lW C­nfi Rtad:o To—, A-4 t WLLER RE.- "JENKIN-5 P.O.' Jr-, A PG 11 A. INSTALLATION PRACTICES A.1 Standard Installation A standard installation consists of an aerial or und.er- ground drop (not exceeding 175 feet) from the utility pole to the customer's residence or commercial place of business. Standard underground drops are defined as those not requiring conduit or cutting of streets, sidewalks, driveways or other paved areas. Material and labor for drops in excess of 1?5 feet, • concealed wiring, and non-standard underground drops will be quoted, on request, at the Company's labor cost and material • rates plus 10% for local overhead costs. A.2 Installation Scheduling The Company will use the most efficient means available to affect the maximum number of installations requested as the segments are energized. On occasion the Company will employ the use of subcontractors to assist Company personnel with installations. A. 3 Emergency Whenever service to existing customers is disrupted due to accidents, storms, and/or Acts of God, etc., installation work may be postponed until service is restored to normal. A. 4 Project Prewiring Residential prewiring, when requested by the owner/builder will be -installed on a timely basis at the standard installation rate, provided the drop material required does not exceed the aforementioned 175 feet. Where additional material and engineering is inecessary, the Company reserves the right to provide the design and supply material and labor at labor • cost and material rates plus 10%. EXHIBIT "B" PG 12 A.S Commercial Installations, Hotel, Motel, Places of Public Gather ng Prewiring. When prewiring is requested by ;an owner/builder of a multiple outlet building, the Company will determine and/or approve the method and means whereby prewiring may be completed. The company will wl-lza- provide the engineering design and th e materials required at its cost therefor plus 10%. The owner/ builder will be responsible for installing the material in accordance with the specifications provided by the Company. • If owner builder requests the Company to / q p y provide the prewiring, the Company, given sufficient notice, will arrange • to do the work involved at its labor cost and material rates plus 10%. B. INSTALLATIONS FEES The Company shall make charges in accordance with the schedule of charges set forth in this Section B for installation of the gquipment necessary to render its services. In addition, the Company may require a deposit of up to $15 on each converter which is placed in the customer's premises at his or her request for use with either a primary or an additional outlet. B.1 Residential -Installations The following installation rates apply to single family dwelling units and individual apartments/flats within multiple dwelling structures. Primary Outlet Standard Installation - Overhead $15.00 First Additional Outlet $ 7.50 Underground Installation $ 25.00 B.1 When one or more additional outlets are installed at the same time as the,primary outlet, only the highest single S charge will be made. • 1 Pg 13 B. 2 Othet Installations B.2. a. The following installation rates apply to facilities placed in commercial establishments. (Restaurants, Taverns, Clubs, Cages, Retail Stores and other such Public Gathering Locations) Primary Outlet Installation $15.00 Additional Outlets, Each $ 7.50 Underground Installation $25.00 The above installation rates apply for standard installation. Material and labor for drops in excess • of 175 feet, concealed wiring, and non-standard under- ground drops will be quoted, on request, at the company's labor cost and material rates plus 10%. B.2.b The following installation rates apply to facilities placed in Hotels, Motels, Rest Homes, Nursing Homes, Hospitals and similar institutions. Primary Outlet Installation $121,100 Additinnal Outlets, Each $.6.00 Underground Installation $20.00 B,1 Public and Parochial Schools, Colleges, Municipal Building and Stores in the Business of SellinF. or RPnairinz TV Receivers Installation at public and parochial schools, colleges, municipal buildings and retail stores in the business of selling or repairing TV receivers will be provided, on request, without charge, to a single ]point of entrance to the building or complex of buildings located in one geographic area. Interior cabling and exterior distribution within a complex of buildings in a geographic area shall be • provided on request at the Company's labor cost and material rates plus 10%. Should the school or municipal building desire to provide its own exterior/interior distribution, the Company will render technical assistance without charge. Such installations are subject to inspection and approval of the Company. B.4. Company Employees Company employees will be provided with free installation. PG 14 C. MONTHLY SERVICE CHARGES The service provided by the Company is defined as multi -channel television service and multi -station FM service, provided that either of these services may be described hereinafter as an "outlet". Service will be provided at the rates specified below: C.1 Residential Dwellings Rate applies to single family dwelling units and individual apartment/flats within multiple dwelling structures. Primary Outlet, Monthly $6.00 Additional Outlets, Monthly each $1.50 C.2 Commercial Rates Restaurants, Taverns, Clubs, Cafes, Retail STores, and other such. Public Gathering locations are considered commercial. The following rates shall apply for these and other like business establishments. Primary 0?xtlet, Monthly $6.00 Additional Outlets, Monthly each $1.50 C.3 Certain Institutional_Rates The following rates apply to Rest Homes, Nursing Homes, Convalescent Homes, Hospitals and similar institutions: Primary Outlet, Monthly $6.00 Additional Outlets, Monthly each $1.50 C.4 Hotels, Motels The monthly rate for the above are as follows: Each outlet, Monthly $1.50 C.5 Public and Parochial Schools, Colleges, Municipal Buildings and Retail Slores in the Business of Selling or Repairing TV Receivers On request, the Company will provide one (1) outlet free of charge to each of the above. Additional Outlets, Monthly Each $1.50 C.6 Company Employees Employees of the Company living in the cabled areas will be provided with cable service free of charge in return for their agreement to undertake the following: (1) the employees shall monitor the system periodically and shall report their findings to the Company as directed and (2) test of services, not offered to the general public; for experimental purposes, will.be made in the homes of Company employees upon the request of the company. • 1 PG 15 D. OTHER CHARGES D. 1 Transfers When a current customer moves from one address within the franchised area to a second address within the franchised area and there is no lapse in service, a transfer charge of $10.00 will be made. • D.2 Reconnects Customers wishing restoration of service shall first satisfy any previous obligations owed. A reconnect charge of $10.00 shall be paid by the customer. D.3 Relocation or Extension of Cable When a current customer requests that an extension or relocation to his cable be made, the charge will be $10.00. D.4 Charge for Damage Caused by Customer Service requests for maintenance or repair of cable facilities are performed at no charge unless such maintenance or repair is required as a result of damage by the customer, in which event repairs will be charged to customer at our cost or $10.00 whichever is greater. E. BILLING PROCEDURES E.1 Minimum Payment All regularly recurring charges are payable, in advance7, for at least one month. Is E. 2 During periods of promotions certain installation charges may be waived. During these periods of • promotions, the transfers and reconnect charges may be adjusted to the prevailing installation charge. Wednesday, September 5, 1979 Pg. 16 Page 188 of 1979 Minutes Book RESOLUTION # 133 AUTHORIZATION TO AMEND SECTION VII OF TOWN WATER ORDINANCE Motion by Councilman Thorpe Seconded by Councilman Pierce Votes: All AYE ADOPTED WHEREAS a public Hearing was held.by the Town Board of the Town of Cortlandville at the Town Hall on September 5, 1979 at 7:30 P.M. in the matter of amending Section VII of the Water Ordinance, and ® WHEREAS, there were no objections to the change therefore, BE IT RESOLBED that Section VII of theWater District Ordinance in the Town of Cortlandville is hereby amended as follows: 1. Rates for water consumed in Districts No. 1, 3, 4, and 5 shall be as follows: a. 500 per one thousand (1000) gallons of consumption per quarter, for all water consumed up to and includong 50,000 gallons per quarter, with a minimum fee of $3.00 per quarter. b. 400 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 50,000 gallons per quarter, up',to ,and:,including 300,000 gallons per quarter. c. 300 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 3000,000 gallons per quarter. 2. Rates for water consumed in District No. 2 shall be as follows: a. 850 per one thousand (1000) gallons of consumption per quarter, for all water consumed up to and including 50,000 gallons per quarter, with a minimum fee of $3.50. b. 700 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 50,000 gallons per quarter, up to and including 300000 gallons per quarter. c. 500 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 300,000 gallons per quarter. FURTHER RESOLVED that this resolution shall become effective upon publishing and posting as required by law. Wednesday, May 16, 1979 Pg. 17 Page 159 of 1979 Minutes Book RESOLUTION # 88 AUTHORIZATION TO DISCONTINUE THE 10% DISCOUNT FOR SEWER RENTS Motion made by Councilman Manning Seconded by Councilmasn Miller All Voting; AYE ADOPTED WHEREAS a public hearing was held by the Town Board of the Town of Cortlandville at the Town Half 1-,on1Ma j,-,.-16"; --1979 at 7:15 P.M. in the matter of the discontinuation of the 10% discount of the amount charged to the users of Sewer District A. • WHEREAS the discount was allowed to initiate prompt payment. BE IT RESOLVED that Section 3 of the Ordinance Establishing and Imposing Sewer Rents in the Town of Cortlandville, Sewer Dist. A, which was adopted at the meeting on October 4, 1961 is hereby amended by deleting therefrom that portion of such ordinance which provides as follows: " A discount of 10% of the amount due shall be given for payment thereof within such period. " and RESOLVED that this resolution shall become effective upon publishing and posting as required by law. Supervisor Nadolski apprised the Town Board that our Sewer Ordinance reads that the Town Board cannot mandate everyone to hook up to the sewer. They must receive an order from the County Health Dept. There are several on Tompkins St. and McLean Road area still on septic tanks. 1 i� U n U 1 Pg. 18 1 • • 1 1 TOWN OF CORTLANDVILLE DOG CONTROL ORDINANCE The Town Board of the Town of Cortlandville, Cortland County, New York, ordain and enact as follows; Section 1. Thie ordinance shall be known and may be cited as the Town of Cortlandville Dog Control Ordinance. Section 2. No person shall own or harbor a dog in the Town unless such dog is licensed as provided by Article 7 of the Agriculture and Markets Law of the State of New York. Section 3. The license required in Section 2 shall be obtained by the owner from the Town Clerk who, at the time of issuing said license, shall deliver to the owner of the dog a tag bearing the same serial number as the license. Section 4. The license period for licenses issued here- under shall be the calendar year. Section 5. The fact that a dog.is without a.tag attached to a co]Lar, as herein -provided, shall be presumptive evidence that the dog is unlicensed. Section 6. (a) Any Peace Officer or the Town Dog Control Officer shall seize any unlicensed dog, either on or off the owner' premises, and any dog found at large in the Town not wearing the tag required by Article 7 of the Agriculture and Markets Law. (b) Any dog so seized shall be conveyed to and confined in a pound or other similar facilities provided by the Town until disposition thereof is made as herein provided. Section 7. it shall be the duty of the Town Clerk or the Dog Control Officer to cause a notice to be published in the offici l newspaper of the seizure and impounding of a dog, containing a Description of the animal and the date it was seized and impounded, ind notice that unless the owner of such dog shall redeem it within -ive (5) days of the date of seizure the owner will forfeit all Pg. 19 title to the dog and the dog will be disposed of as herein.provided Section 8. The owner of a dog seized and impounded•.as'provide. herein may redeem such dog within (5) days of the date of its seizure by producing to the person seizing or impounding the dog a license for the dog and by paying to the Town Clerk or Dog Contro Officer the following sums:. (a) First seizure - $10.00 plus $5.00 per day as cost of boarding. (b) Second seizure - $20.00 plus $5.00 per day as cost of boarding (c) Third seizure - $30.00 plus $5.00 per day as cost of boarding. Section 9. If not redeemed as provided in Section 8 the owner of a dog seized and impounded as provided herein shall forfeit all title to the dog and the dog shall be sold or des without further notice. In the case of sale thereof the purchaser must pay the purchase price to the Town Clerk'or Dog Control Officer'and also must obtain a license for the dog. Section 10. (a) No Pe rson owning,, harboring or having custody and control of a dog shall permit such dog to be at large anywhere in the Town except upon his own property, or the property. of another person with the knowledge and assent of such other person, during any time of the year. (b) The owner, harborer or person having the custody and control of a dog in the Town, except as provided in Subsection (a) of Section 10, shall control and restrain such clog while off the owner's premises, whether or not tagged or licensed with a chain or leash not exceeding eight (8) feet in length. Section 11. Any dog found running at large in violation of Section 10 of this ordinance may be seized by the Dog Control Officer any peace officer and confined in the pound or other 1 r. I 17J • 1 k {. Pg. 20 E 1 1 similar facilities provided for'by the Town until disposition thereof is made as herein provided. Section 12. If a dog, seized and impounded as provided in Section 11 bears a license tag, the Dog Control Officer or Peace Officer shall ascertain the owner of the dog and shall give immediate notice by personally serving such owner or a member of his family at least 18 years of age with a notice in writing stating that the dog .has been seized and will be destroyed unless redeemed within:the period herein provided. Section 13®. The owner of a dog seized and impounded as Provided in Section 11 may redeem the dog within seven (7) days -- twelve (12) days if the dog bears a license tag --by paying to the Town Clerk or Dog Control Officer the sums set forth in Section 8 hereof. Section 14. If notredeemed as provided in Section 13 the owner of a dog seized and impounded as provided in Section 11 shall forfeit all title to the dog and the dog shall be sold or destroyed. In the case of sale, the purchaser shall pay the purchase price to the Town Clerk or Dog Control Officer. Section 15. No action.shall be maintained to recover the possession or value of a dog, or for damages for injury or for compensation for destruction of a dog destroyed pursuant to the Provisions of this ordinance. Section 16. Any person destroying a dog under the provisions of this ordinance shall immediately dispose of the carcass and make a written report of such disposal to the Town Clerk. Any person failing to make such report shall not be entitled to compen- sation for destroying the dog. The Town Clerk shall make and Dreserve a record of such dispositions. Section 17. Any person owing, harboring or having the custod ind control of a dog, when the dog is housed or confined, shall ;o house or confine the dog in,a place so situated or constructed Pg. 21' as to prevent the disturbance of persons residing in the neighbor 'by any unreasonably loud, disturbing, excessive, continuous or ;untimely noise by barking, yowling, howling, whining or the emissio. by the dog of any other kind of noise of any nature or description. IThe provisions of this SeCtion,shall be liberally construed'to 'prevent unreasonably loud, disturbing, excessive, continuous for untimely noise due consideration being given to the circumstance time of day and particular location of each violation and the demands of the public health, safety and welfare. Section 18. Any person who shall violate any provision of this ordinance shall be guilty of a violation, punishable by a fine as provided in the Penal Law, Section 80.05, Sub -section 4. Section 19. Any peace Officer or the Dog Control Officer having reasonable cause to believe that a violation of this ordinar has been committed in his presence shall issue and serve an appearz ticket for such violation. The appearance ticket shall be in. the form prescribed by the Town Board by resolution in accordance .with the provisions of Section 126 of the Agriculture and Markets Law and this ordinance. An answer to such appearance ticket shall be made within five (5) days of the violation and may be made by registered or certified mail, return receipt requested, jin :Lieu of personal appearance on the return dateat the time .and Court that is specified in the appearance ticket, in accordance with the provisions of Section 126 of the Agriculture and Markets Law and this ordinance. Section 20. This ordinance shall take effect on January 1, 198;0, after posting and publication as required by law in advance of said date. ,STATE OF NEW YORK ) COUNTY OF CORTLAND ) SS.: ;TOWN OF CORTLANDVILLE ) PAULINE PARKER, Town Clerk of the Town of Cortlandville, ,Cortland County, New York, DO CERTIFY that the foregoing is a ,e e 1 C 0 I • 0 1 Pg. 22 true and correct copy of.the Ordinance entitled: "Town of'Cortland Ville Dog Control Ordinance" that was duly enacted by the Cortland - Ville Town Board at a regular meeting thereof held at the Cortland- ville Town Hall on December 5, 1979, as the same is entered upon the minutes. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Town of Cortlandville this 5th day of December, 1979. PAULINE PARKER, Cortlandville Town Clerk 1 Thursday, December 27, 1979 Page 225 of 1979 Minute Book Pg.24 RESOLUTION # 197 AUTHORIZATION TO AMEND SECTION TWO AND THREE OF TOWN SEWER ORDINANCE Motion by Councilman Pierce Seconded by Councilman Thorpe VOTESt ALL AYE ADOPTED WHEREAS a Public Hearing was held by the Town Board of the Town of Cortlandville, at the Town Hall, on December 27, 1979 at MO p.m.', in the matter of amending Sections Two and Three of the ® Sewer Ordinance and WHEREAS there were no objections to the change, therefore, ® BE IT RESOLVED that Sections Two and Three of the Sewer Ordinance of the Town of Cortlandville, is hereby amended as followss 1 Section 2. The basis of the charge for such sewer rent shall be the consumption of water and such rent shall equal the sum of 850 per 1,000 gallons of metered consumption of water on the premises. Notwithstanding the foregoing in no event shall the sewer rent for any premises served be less than $3.00 per quarter. Section 3.' The sewer rent shall be due and payable within ten (10) days following the rendering of a bill or notice demanding payment thereof which bill or notice shall be mailed at quarterly intervals or oftener in the discretion of the Town Board. A penalty of 10 percent of the amount due shall be added to the unpaid sewer rent 4n arrears for 30 days or longer. If the sewer rent remains unpaid for 60 days from the date due, the sewer service is subject to being discontinued without notice. A charge of $5.00 will be made for each discontinuance and each re -connection of sewer service because of non-payment of sewer rent, which charge or charges shall be treated as sewer rent. Such rent shall constitute a lien upon the real property served by such sewerage system, which lien shall be prior and superior to every other lien or claim except the lien of an existing tax or local assessment. BE IT FURTHER RESOLVED that this resolution shall become effective January 1, 1980, and upon publishing and posting, as required by law. PG. 25 Monday, April 14, 1980 Page 260 of 1980 Minute Book RESOLUTION # 85 AUTHORIZE AMENDING OF THE TOWN OF CORTLA'YDVILLE ZONING ORDINANCE Motion by Councilman Thorpe Seconded by Councilman Pierce Votes: All AYE ADOPTED WHEREAS, a public hearing was duly called and held before the Town Board on April 14, 1980 in the matter of adding "Child Day Care Centers" to Section 1300 1-B of the Town of Cortlandville Zoning Ordinance, and no . public opinion was expressed at such hearing, and WHEREAS the Cortland County Planning Board and the Cortlandville Planning • Board has approved such change, therefore BE IT RESOLVED that Section 1300 1-B of the Town of Cortlandville Zoning • Ordinance be amended to read "Hospitals, Nursing Homes and Child Day Care Centers" and, RESOLVED that the Town Clerk be, and she hereby is authorized and directed to publish such change, as required by law, to be -effective upon publishing. 1 1 Monday, September 15, 1980 Page 300 of 1980 Minute Book Pg. 26 RESOLUTION # 158 AUTHORIZATION TO AMEND TOITT OF CORTLANDVILLE SEWER ORDINANCE Motion by Councilman Pierce Seconded by Councilman O'Donnell Votes: All AYE ADOPTED WHEREAS a Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, on September 15, 1980 at 4:30 P.m. and again at 8:00 P.M., in the matter of amending the Sewer Ordinance, therefore, BE IT RESOLVED that an Ordinance amending the Sewer District #1 Ordinance, enacted July 13, 1960, as amended. • The Town of Cortlandville Sewer District #1 Ordinance enacted July 13, 1960 and thereafter amended, is hereby amended as follows: 1. All references in said ordinance, including the title thereof, to the phrase substituted for each reference: "SEWER DISTRICTS". 2. The following is added to Section 204 of said ordinance: "the charge for sewer usage by non -industrial users shall be the rate of $1.00 per 1,000 gallons of water usage. AND, RESOLVED that this resolution shall become effective upon publishing and posting, as required by law. 1 • 1 Pg. 27 Monday, September 15, 1980 Page 301 of 1980 Minute Book RESOLUTION # 159 AUTHORIZATION TO AMEND TOWN OF CORTLANDVILLE DOG ORDINANCE Motion by Councilman Pierce Seconded by Councilman O'Donnell VOTES: All AYE ADOPTED WHEREAS -a Public Hearing was held by the Town Board of the Town of Cortlandville, at the Town Hall, on September 15, 1980, at 4:15 p.m. and at 7:30 P.M. in the matter of increasing the dog licensing fees for 1981, THEREFORE, BE IT RESOLVED that an Ordinance amending the Dog Control Ordinance of the Town of Cortlandville, Cortland County, New York, as • enacted on. December 5, 1979 is hereby amended by adding the following to Section 3 of said ordinance: The fee for such licnese shall be the sum of $3.50 for each spayed • or neutered dog and the sum of -$8.50 for each unspayed or unnet+,:eri§d' dog. AND RESOLVED that this amendment shall be affective for licensing or renewals for the period commencing January 1, 1981 and thereafter. 1 • • Page 28 Monday, November 17, 1980 Page 326 of the 1980 Minute Book RESOLUTION # 196 AUTHORIZATION TO AMEND SECTION VII-. OF TOWN WATER ORDINANCE Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES- All AYE ADOPTED WHEREAS a Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall on November 17, 1980 at 7:30 P.M. in the matter of amending Section VII of the Water Ordinance, and WHEREAS, there were no objections to the change thereof, BE IT RESOLVED that Section VII of the Water District Ordinance in the Town of Cortlandville is hereby amended as follows: 1. Rates for water consumed in District No. 1, 3, 4, and 5 shall be as follows: a. 700 per one thousand (1000) gallons of consumption, per quarter, for all water consumed up to and including 50,000 gallons per quarter, with a minimum fee of $3.50 per quarter. b. 550 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 50,000 gallons per quarter, up to and including 300,000 gallons per quarter. c. 4.00 per one thousand (1000) gallons of consumption per quarter, for all water consumed in excess of 300,000 gallons per quarter. 2. Rates for water consumed in District No. 2 shall be as follows: a. $1.10 per one thousand (1000) gallons of consumption, per quarter, for all water consumed up to and including 50,000 gallons per quarter, with a minimum fee of $3.50 per quarter. b. 950 per one thousand (1000) gallons of consumption, per quarter, for all water consumed in excess of 50,000 gallons per quarter, up to and including 300,000 gallons per quarter. c. 800 per one thousand (1000) gallons of consumption, per quarter, for all water consumed in excess of 300,000 gallons per quarter FURTHER RESOLVED that this resolution shall become effective upon publishing and posting as required by law. 1 Page 29 Wednesday, March 4, 1981 Page 28 of the 1981 Minute Book RESOLUTION # 63 AUTHORIZATION TO AMEND SECTION # 204 OF TOWN SEWER ORDINANCE Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS a Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall on March 4, 1981 at 7:30 P.M. in the matter of the adoption of an ordinance amending Section # 204 of the Town of Cortlandville Sewer District Ordinance enacted September 30, 1957, and WHEREAS, there were no objections to the change thereof, therefore BE IT RESOLVED that Section # 204 of the Town of Cortlandville Sewer Ordinance is hereby amended as follows: The Town Board shall, from time to time, by resolution adopted after a public hearing, establish sewer rates to be charged within the Sewer Districts of the Town of Cortlandville. The Board shall publish in the official newspaper of the Town, a notice of public hearing regarding such rate chengesnot less than fourteen days prior to the date of such public hearing, and FURTHER RESOLVED that this resolution.zhall become effective upon publishing and posting as required by law. I 0 Page 30 Wednesday, June 3, 1981 Page 65 of the 1981 Minute Book RESOLUTION # 110 AUTHORIZATION TO AMEND THE DOG ORDINANCE IN THE TOWN OF CORTLANDVILLE Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS a Public Hearing was duly held by the Town Board of the Town of Cortlandville, at the Town Hall, on June 3, 1981, at 7: 30 P.M. in the matter of amending Sections 10A and 13 of the Cortlandville Dog Control Ordinance, and ® WHEREAS no one expressed oppositiolto amending the dog control ordinance. THEREFORE, BE IT RESOLVED that the Dog Control Ordinance of the Town of Cortlandville, Cortland County, New York, as enacted on December 5, 1979 is hereby amended in accordance with the public notice by adding the following to Section 1OA: a.) That the periods of retention of dogs shall be as prescribed in the Agriculture and Markets Law of the State of New York; and hereby amended by adding the following to Section 13: b.) To provide that in the event a dog is found on premises owned by a person other than the owner of the dog, it shall be presumed that such dogs presence is without the knowledge and consent of the property owner. AND RESOLVED that these amendments shall become effective upon publishing and posting as required by law. 11 Wednesday, April 7, 1982 Page 31 Page 183of the 1981-1982 Minute Book RESOLUTION # 81 AUTHORIZE CHANGING OF ZONING CLASSIFICATION ON LUKER ROAD Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS a request was received to change the zoning classification from "R-l" to "Business" on property owned by the Harold Buchanan Estate, located on Luker Road, and WHEREAS the request has been reviewed and recommended • by the Town Planning Board and the Cortland County Planning Board, and WHEREAS a public hearing was duly called and held before the Town Board on April 7, 1982, and no objections were voiced, therefore BE IT RESOLVED that authorization is hereby given to change the Zoning Classification of property on Luker Road, owned by the Harold Buchanan Estate from "R-1" to "Business" and RESOLVED that the Town Clerk be, and she hereby is authorized to publish such change as required by law, and RESOLVED that the Town Clerk be, and she hereby is authorized to enter such change upon the aforesaid Zoning Map. 1 0 1 Wednesday, November 3, 1982 Page 32 Page 300 of the 1981-1982 Minute Book RESOLUTION # 223 ADOPTION OF TRANSIENT RETAIL BUSINESS ORDINANCE Motion by Councilman Thorpe Seconded by Councilman Pierce ROLL CALL VOTES: Councilman O'Donnell - AYE Councilman Manning - AYE Supervisor Nadolski = AYE ® Councilman Pierce - AYE Councilman Thorpe - AYE ® ADOPTED WHEREAS a Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall on November 3, 1982 at 8:20 P.M. in the matter of adopting an ordinance for Transient Retail Businessess, therefore BE IT RESOLVED that the following ordinance is hereby adopted for the Town of Cortlandville. Section 1. "Transient Retail Business" Defined. The term "transient retail business", when used'in this article, shall mean a business conducted at any location for the sale, at retail, of goods, wares and merchandise or ser- vices incident therewith, except food products,.a.nd 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" as that terms is generally used. If the place in which the business is conducted is rented or leased for a period of less than six (6) months, such fact shall be presumptive evidence that the business carried on therein is a transient business. Section 2. License, cash deposit or bond, prerequisites to doing business. No person shall conduct a transient retail -business within the Town without first obtaining a license therefor, and without first making a cash deposit or filing a bond as herein provided. ® Section 3. Application for License. An application for a license to conduct a transient retail 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 his identity and integrity as the Town Clerk shall, in his discretion, determine.. Such application shall contain a statement showing the true name of the owner of such business, his 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. Page 33 Section 4. Furnishing Additional Information Relating to Business. The Town Clerk may demand, and such merchant shall furnish, such further information relating to stock and sales during,the conduct of a transient retail business as the Town Clerk may deem necessary to comply with the purposes of this article. Section 5. Bond, Cash Deposit to be filed; Amount. Conditions. Each applicant, before receiving a license to conduct a transient retail business, shall file with the Town Clerk of the Town a bond in the.penal sum of One Thousand Dollars ($1,000.00) executed by a surety company ( or in lieu thereof, a cash bond of equal amount), conditioned that such person will make a full, complete and true report of the gross amount of sales made in such transient retail business in the Town, that he will:comply:in good faith with the provisions of this article, that he will pay the amount of tax fixed and that he will duly deliver all goods sold and duly paid for while conducting said business in the Town. Said bond shall be approved by the Town Attorney as to form and by the Town Clerk as to its sufficiency. Section 6. License to be Displayed. A license granted under the provisions of :this article shall be conspicuously displayed by the transient merchant in his place of business in the Town during the conduct of such business. Section 7. Tax On Transient Retail Business. (a) Levy. A tax is hereby levied upon all persons conducting a transient retail business within the Town. (b) Amount. Such tax shall be based upon the gross amount of sales and shall be at the same rate as other property is taxed for the year in the Town. The tax rate shall then be applied to the gross amount of sales made by such transient merchants within the Town, and the amount so fixed shall be levied against the person conducting such transient retail business. If,' at the time such tax becomes due and payable, the tax rate for the current year in the Town has not been fixed, the same shall be estimated by the Town Assessor, who shall certify such estimate to the Town Clerk, to be.used by him in fixing such tax. (c) Payment. Every person permitted to conduct a transient business within the Town shall file a verified report to the Town Clerk on or before noon on Monday of each week, which report shall contain a statement of the gross amount of sales of the previous week made by such merchant within the Town, to'the close of business on the preceding Saturday, and at the same time, such transient merchant shall pay to the Town Clerk the amount of tax levied upon such sales. 1 • is 1 s 0 I Page 34 Section 8. Revocation of License. Upon the failure of the person who shall have received a license to conduct a transient retail business to comply with any or all of the terms of this article, the Town Clerk may, at any time, revoke the license granted to such person in which event any cash deposit shall be returned to the licensee, less the amount of tax due under this article. The violation of this article 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. Section 9. Penalties for Violations of Article. Any person violating any of the provisions of this article shall be guilty of a violation, punishable as provided in the Criminal Procedure Law of the State of New York, said penalties being in addition to revocation of licenses. 1 0 • Fj, Monday, April 18, 1983 Page 51 of the 1983 Minute Book Page 35 RESOLUTION # 96 AUTHORIZE AMENDMENT TO CORTLANDVILLE DOG CONTROL ORDINANCE Motion by Councilman Pierce Secbnded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, after due notice a Public Hearing was held by the Town Board of the Town of Cortlandville, at the Town Hall, on April-6, 1983 at 8:00 o'clock p.m. to consider increasing certain fees set forth on the Town of Cortlandville Dog Control Ordinance, now therefore BE IT RESOLVED, that this Board does hereby enact and ordain as follows: The Town of Cortlandville Dog Control Ordinance Section 3 is hereby amended to change the last sentence to read as follows: The fee for such license shall be the sum of $ 7.50 for each spayed or neutered dog and the sum.of $ 12.50 for each unspayed or unneutered dog. The Town of Cortlandville Dog Control Ordinance Section 8 is hereby amended to change sub -paragraphs (a), (b) and (c) to read as follows: (a) First seizure - $ 20.00 plus $ 5.00 per day as cost of boarding. (b) Second seizure - $ 30.00 plus $ 5.00 per day as cost of boarding. (c) Third seizure - $ 40.00 plus $ 5.00 per day as cost of boarding. and be it further RESOLVED, that these amendments shall become effective upon publishing and posting as required by law or May 1, 1983, contingent upon the state correcting the renewals. 1 • • 1 40 n 1 A; 'il 18, 1983 Page 36 Page 53 of the 1983 Minute Book RESOLUTION # 99 LUKER ROAD - REZONING AMENDMENT Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS, this Board on April 6, 1983, amended the Cort- landville Zoning Ordinance to change the classification of certain parcels on Luker Road from "Business" to "Industrial". and WHEREAS, the Cortland County Planning Board had recommend- ed approval of said zone change with a qualification, and WHEREAS, this Board agrees with said qualification, now therefore BE IT RESOLVED, that the rezoning amendment of the 1968 Zoning Ordinance of the Town of Cortlandville, New York, which amendment was adopted on April 6, 1983, be considered as the first phase of the general rezoning and industrial park development plan that is intended to be considered in the near future. 1 • C 1 Wednesday October 19, 1988 Page 334 of the 1988 Minute Book RESOLUTION #258 ADOPT PARKING ORDINANCE FOR THE TOWN Page 37 Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, NY, on October 19, 1988, concerning a proposed Parking Ordinance, and WHEREAS, this proposed Ordinance has been reviewed by the Town • Board, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville, County of Cortland and State of New York, pursuant to the Town Law and Vehicle and Traffic Law of the State of New York, does hereby enact and ordain as follows: Section 1.Definitions. The words and phrases used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York. Section 2.All-Might Parking The parking of vehicles is hereby prohibited on all highways within the Town of Cortlandville between 1:00 o'clock a.m. and 7:00 o'clock a.m. from November 1 to May 1. The provisions of this section shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. Section 3.Authority to Impound Vehicles. (a) When any vehicle is parked or abandoned on any highway within the Town during a snowstorm, flood, fire or other public emergency or during hours prohibited by this ordinance which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by or at the direction of the Town Highway Superintendent. (b) When any vehicle is found unattended on any highway within the Town where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or at the direction of the Town Highway Superintendent. • (c) When any vehicle is parked or abandoned on any highway within the Town where stopping, standing or parking is prohibited, said vehicle may be removed by or at the direction of the Town Highway Superintendent. Page 39 Section 4.Storage and charges After removal of any vehicle as provided in this ordinance, the Town Highway Superintendent may store such vehicle in a suitable place at the expense of the owner. Such owner, or person in charge of the vehicle, may redeem the same upon payment of the amount of all expenses actually and necessarily incurred in effecting such removal. Removal charges shall not exceed Fifty ($50.00) Dollars and storage charges shall not exceed Five ($5.00) Dollars per day or fraction thereof. Section 5.Notice of Removal The Town Highway Superintendent shall without delay report the removal and the disposition of any vehicle removed as provided in this ordinance to the Cortland County Sheriff and it shall be the duty of the Town Highway Superintendent to ascertain to the extent possible the owner of the vehicle or person having same in charge and notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem same. Section 6.Penalties for Violation of Ordinance Every person convicted of a traffic infraction for a violation of any provision of this ordinance which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be punished by a fine of not more than One Hundred ($100.00) Dollars or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment. Section 7.Constitutionality If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section B.Effective Date This ordinance shall take effect November 1, 1988. RESOLUTION #259 AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES TO ENFORCE PARKING ORDINANCE OF TOWN Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES; ALL AYE ADOPTED WHEREAS, per Resolution #258 of 1988, a Traffic Ordinance for the Town of Cortlandville was adopted by the Town Board, and WHEREAS, there is a need to enforce this ordinance, therefore BE IT RESOLVED, that all police agencies, including the New York State Police and the Cortland County Sheriff's Department, which have jurisdiction within the Town of Cortlandville are hereby authorized to enforce the provisions of the Town Parking ordinance adopted October 19, 1988, by issuance of Court appearance tickets and other lawful means of alleging violations of said ordinance. AWex,beo 4o/21L see ?V6e 41 Wednesday May 03, 1989 Page 100 of the 1989 Minute Book RESOLUTION #131 ADOPT AMENDMENT TO TOWN OF C'VILLE Page 39 Motion by Councilman O'Donnell Seconded by Councilman Testa I VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town of Cortlandville Transient Retail Business Ordinance (adopted November 3, 1982) is hereby amended ��n as follows: A. Section 2 of said Ordinance is amended by deleting the words "making a cash deposit" and after the word "bond" ��r adding: ..., money order, certified or bank check or cash deposit... B. Section 3 of said Ordinance is amended after the words "application for license" by adding: ... together with application fee in the amount of $10.00... C. Sections 3 and 4 of said Ordinance are amended after the words "Town Clerk" each time they appear by adding: ... or Code Enforcement Officer... D. Section 5 of said Ordinance is amended by deleting the words "Town Attorney" and after the word "cash" deleting the word "bond" and adding: ... deposit, money order, certified or bank check... E. A new Section 6A is hereby added to read No transient business will be allowed in residential or agricultural district zones nor in any zone within 500 feet of any permanent business selling items that are similar. Sales are limited to six consecutive days and shall operate no longer than one hour after sunrise to sunset. 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. AND ALSO RESOLVED, that the invalidity of any word, phrase, clause, sentence, paragraph, section provision or part of this Ordinance shall not invalidate any other such portion of this ordinance, and also III RESOLVED, that this Ordinance shall take effect as provided in Town Law Section 133. Wednesday, December 5, 1990 PAGE 40 Page 434 of the 1990 Minute Book • RESOLUTION #308 ADOPT RESOLUTION TO AMEND SEWER RATES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES ALL AYE ADOPTED WHEREAS, by March 4,. 1981 amendment to the Sewer Ordinance, originally enacted -September. 30, 1957, authorization was given to the Town Board to establish sewer rents from time to time by resolution after public notice and hearing,; and WHEREAS, current• sewer rents were established by a resolution adopted August 4, 1982,.-and WHEREAS, a Public, Hearing; upon due not:ice,� was held ,by the ­ Town Board of, the Town .of Cortlandvi 1.1'e at the Town Hall on December 5, 1990-in the matter, of amending said sewer rents, and WHEREAS, the Town Boarddeems such.proposed sewer rents to be in the best interest of.the, Town and sewer users therein, now therefore BE I.T• RESOLVED, that.the following sewer rents shall be charged,, I.. . i.. I I . , . Non -Industrial Users - For water consumption of five thousand (5000) gallons or.less per quarter, the sewer. rent shall be . a: charge .. of $12•.00 per quarter.;. For consumption that is greater,than five thousand (5000) gallons per quarter, the rate -shall be $2.10 per one thousand (1000) gallons for all water consumed„ Industrial Users - $.77 per one thousand (1000) ® gallons ;of,.. consumption per quarter for, al,l water consumed:. 1 Wednesday, December 5, 1990 PAGE 41 Page 435 of the 1990 Minute Book RESOLUTION #309 RESOLUTION REPEALING SEWER RENTS ORDINANCE AND AMENDING SEWER ORDINANCE OF THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing , upon due notice, was held by the Town Board of -the Town of Cortlandville at the Town Hall on December 5, 1990 at 7:30 o'clock p.m. in the matter of repealing the Sewer Rents Ordinance and amending the Sewer Ordinance of the Town of Cortlandville, and WHEREAS, on March 4, 1981 the Town of Cortlandville Sewer Ordinance was amended to provide for establishment of sewer rents from time to time by resolution of the Town Board after public notice and hearing, and WHEREAS, the Town Board deems such other proposed amendments to be in the best interests of the Town and Sewer users therein, now therefore BE IT RESOLVED, that the Town of Cortlandville Sewer Rents Ordinance enacted October 4, 1961 and thereafter amended, is hereby repealed, and it is further RESOLVED, that the Sewer Ordinance of the Town of Cortlandville, enacted July 13, 1960, and thereafter amended, is hereby further amended by adding a new Section 205 to Article II to read as follows: 205. A charge or sewer rent is hereby imposed upon every person, firm or corporation any part of whose premises are served by the sanitary sewer system of the Town of Cortlandville either directly or indirectly, for the use and support of the facilities of such sewer system. The basis of the charge for such sewer rent shall be the consumption of water. The Town Board shall, from time to time, by resolution adopted after a public hearing, establish sewer rents to be charged within the Sewer Districts of the Town of Cortlandville. The Board shall publish in the official newspaper of the Town, a notice of public hearing regarding such rate changes not less that ten (10) days prior to the date of such public hearing. All bills will be mailed to the property owner who shall in all cases be responsible for timely payment. For purposes of convenience only, bills will be mailed to the tenants of property when written requests signed by both the owner and tenant are filed with the Town Department of Water and Sewer. Such written requests must be on forms available from the Department. All bills shall be payable at the Department and the failure of anyone to receive a bill will not be considered sufficient reason for not paying within the time hereinafter prescribed. 1 • 0 1 0 • 1 1 • • 1 4uawssasse jeooj _lo xe4 buTgsTxe ue �o uaTj eq4 4daoxe wTejo _lo uaTj _laggO -A-lana 04 _loT_ladns pue _loT_ld aq jjeys uaTj goigm 'w84sAS _lamas yons Aq pan_las A _lado_ld Tea-1 aye.• uodn uaTj e a4n4T4suoo jjeys qua_l yons •4ua_l _lamas se pa4ea_l4 aq jjeys sa6_lego _lo ab_legD gotym 14ua_l _lamas _4.o 4uawAed-uou _4.o asneoaq aoTn_las _laMas �o uotqoauuoo=a_l yoea -pue aouenui4uoosTp yoea _lo_4. apew aq • jjTm (00'OT$) s_lejjop ua4 jo ab_legp d •aDl4ou gnoq TM panul4uoostp butaq off. 4oaCgns st @DTn_las _lamas aye 'ajgeAed pue anp Av p 4sej aq4 puoAaq sAep (06) A4-ATg4 _lo_� pTedun suTewa_l qua_l _lamas aye �j •ajgeAed pue anp alep gsej aq4 _la4le 4ua_l _lamas pTedun ay4 o4 pappe aq j jeys anp 4unowe aqq j o ( %OT ) 4uao_lad uaq j o A4 jeued ti e_leaA yoea j.o _lago4DO pue Ajnr 'jT_ldd 'AAenuer 10 sg4uow aye. JLo yoea �o Cep 4sej aye. a_lojaq _lo uo Aj_la4_tenb ajgeAed pue anp aq jjeys Wa_l _lamas aqI Zb 39dd 066T `S-aagwaoaa 'AepseupaM Wednesday, December 5, 1990 PAGE 49 Page 436 of the 1990 Minute Book RESOLUTION #310 RESOLUTION AMENDING WATER ORDINANCE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing, upon due notice, was held by the Town Board of -the Town of Cortlandville at the Town Hall on December 5, 1990 at 7:30 o'clock p.m. in the matter of amending the Water District Ordinance of the Town of Cortlandville enacted September 30, 1957, and thereafter amended, and WHEREAS, the Town Board deems such proposed amendments to be in the best interests of the Town and water users therein, now therefore BE IT RESOLVED, that the Water District Ordinance of the Town of Cortlandville, enacted September 30, 1957, and thereafter amended, is hereby further amended as follows: Article X, Subdivision 1 as amended to substitute the term Town Department of Water and Sewer for and instead of the term Town Clerk Article X, Subdivision 2 is amended to read as follows: 2. Water charges shall be due and payable quarterly on or before the last day of each of the months of January, April, July and October of each year. Article VII is amended to read as follows: WATER RATES Rates for water- consumed shall be as follows: a. $1.30 per one thousand (1000) gallons of consumption, per quarter, for all water consumed up to and including fifty thousand (50,000) gallons per quarter, with a minimum fee of $10.00 per quarter. b. $.95 per one thousand (1000) gallons of consumption, per quarter, for all water consumed in excess of fifty thousand (50,000) gallons per quarter, up to and including three hundred thousand (300,000) per quarter. C. $.75 per one thousand (1000) gallons of consumption, per quarter, for all water consumed in excess of three hundred thousand (300,000) gallons per quarter 40 1 • 1 4 APRIL 3, 1996 PAGES 217, 218 and 219 Y y OF THE MINUTE BOOK of 1996 RESOLUTION #79 AMENDMENT TO PARKING ORDINANCE OF THE TOWN OF CORTLANDVILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, there is an increasing problem relating to parking for handicapped citizens within the Town of Cortlandville; and WHEREAS, the Cortland County Sheriff has established a SHAPE force to enforce handicapped parking regulations within the County of Cortland; and WHEREAS, it is the desire of the Town Board to facilitate the efficient and consistent enforcement of such parking regulations; WHEREAS, the Town Attorney has been advised by the Cortland County Sheriff's Office that the personnel utilized by the County Sheriff have been provided insurance coverage in connection with their duties by the County of Cortland, now therefore; The Town Board of the Town of Cortlandville does hereby ordain and enact as follows; The Parking Ordinance of the Town of Cortlandville, enacted October 19, 1988, as amended, is hereby amended as follows; SECTION 1. Sections 3,4,5,6,7, and 8, of said ordinance are renumbered 4,5,6,7,8, and 9, respectively. SECTION 2. There is added to said ordinance, a new Section 3 to be entitled "Regulation of Handicapped Parking" said section to provide as follows; SECTION 3 REGULATION OF HANDICAPPED PARKING 1.) Parking spaces for the handicapped as provided for in Sections one thousand two hundred three -a and one thousand two hundred three-c of the Vehicle and Traffic Law of the State of New York shall also be extended to a motor vehicle registered in accordance with section four hundred four -a of the Vehicle and Traffic Law of the State of New York. A handicapped permit issued in accordance with the provisions of section one thousand two hundred three -a of the Vehicle and Traffic Law of the State of New York shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces accorded to a holder of a handicapped parking permit provided in accordance with Section one thousand two hundred three -a or as provided in section four hundred four -a of the Vehicle and Traffic Law of the State of New York. 2.) It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a is place for handicapped parking unless the vehicle bears a permit or a registration issued pursuant to the provisions of the Vehicle and Traffic Law of the State of New York, and such vehicle is being used for the transportation of a severely disabled or handicapped person. 3.) Any person who parks in spaces clearly marked for use by 'the handicapped in accordance with this section, without a special municipal parking permit or whose motor vehicle is not registered in accordance with section four hundred four -a of the Vehicle and Traffic Law of the State of New York and being used for the transportation of a handicapped person, shall be subject to a fine of not less than twenty-five dollars nor more than fifty dollars for the first offense and not less than fifty dollars nor more that one hundred fifty dollars for the second offense occurring within a period of two years within the same municipality. The arresting or ticketing officer shall issue a summons to violators of this section. 4.) As used in this section, the term "handicapped" shall also include "severely disabled person" as defined in section four hundred four -a of the' Vehicle and Traffic Law of the State of New York. SECTION 3. This ordinance shall take effect upon publishing and posting as required by law. 1 PG 1 Wednesday, March 5, 1975 Page 143 of- 1975 Minutes Book RESOLUTION # 0: ADOPTION OF STATE BUILDING CODES Motion made by Justice Ronald Fish and seconded by Councilman Ray Miller. Votes: Justice Eaton, aye; Justice Fish, aye; Councilman Miller, aye; Councilman Griswold® aye; Supervisor Blatchley, aye; RESOLVED, That the Town Board of the Town of Cortlandville, • Cortland County, New York, hereby accepts the applicability of the State Building Construction Code for the Town of ® Cortlandvillle, to be effective in said Town of Cortlandville on the :First-day of April, 1975, in accordance -with the provisions of Section 374-a of the Executive Laws 1 • • 1 q� PG 2 Wednesday, April 16, 1975 Pages 168, 69, 70, and 71 of Minutes Book RESOLUTION # 60: ADOPTION OF THE ELECTRICAL CODE OF THE TOWN OF CORTLANDVILLE. Motion made by Justice Ronald Fish and secoxided by Justice Donald Eaton and votes recorded as follows:, Councilman Miller, aye; Councilman Griswold, aye; Justice Fish, aye; Justice Eaton, aye; Supervisor Blatchley, aye. BE IT ORDAINED, That the Electrical Code of the Town of ; Cortlandville be, and it hereby is adopted as follows: ELECTRICAL CODE OF THE TOWN OF CORTLANDVILLE • Section 1. Legislative Intent Since there is danger to life and property inherent in the use of electrical energy, this Electrical Law is enacted to regulate the installation, alteration of wiring for electric light, heat or power and signal systems operating on 50 volts or more, in or on all real property with- in the Town of Cortlandville. Section 2. National Code Adopted. All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electric Code except where the provisions of this Ordinance or any other Local Law, Ordinance or Building Code of the Town of Cortlandville shall differently prescribe, in which event compliance with the provisions of such Ordinance or Building Code shall be recognized as proper compliance with this Ordinance. The requirements of the National Electrical Code shall be those known as National Fire Protection Association pamphlet #70, as approved and adopted by the American Standards Association. Section 3. Electrical Inspector. The Chief Inspector and each of the duly appointed Inspectors of the New York Board of Fire underwriters are hereby authorized as agents of • the Town of Cortlandville to make inspections and reinspections • of all electrical installations heretofore and hereafter described, and to approve or disapprove the same. In no event, however, will the cost or expense of such inspections be a charge against the Town of Cortlandville. Y8 PG 3 Electrical Code - con°t. Section 4. Duties of the Electrical Inspector. It shall be the,duty of the Inspector to report in writing to the Chief Building Inspector, whose duty it shall be to enforce all the provisions of this -Code, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all Local Law, • Ordinances and the Building Codes as referred to in this Ordinance insofar as any of the same apply to electrical wiring. The inspector shall make inspections and re - inspections of electrical installations in and on properties in the Town of Cortlandville upon the written request of an authorized official.of the Town of Cortlandville'or as herein provided. The Inspector is authorized to make inspections and reinspections of electrical wiring install- ations, devices, appliances and equipment, in•and on pro- perties within the Town of Cortlandville where he deems it necessary for the protection of life and property. In the event of an emergency, it is the duty of the.Inspector to make electrical inspections upon the oral request of an official or office of the Town of Cortlandville. It shall be the duty of the Inspector to furnish -,written reports to the proper officials of the Town of Cortlandville and owners and/ or lessees of property where defective electrical install- ations and equipment are found upon inspection. He shall authorize the issuitg:-of a certificate of compliance when electrical installations and equipment are in conformity • with this Ordinance. He shall -direct that a -copy of the certificate of compliance be sent to the Town of Cortlandville- to the attention of the Building Inspector. PG 4 Section 5. Violations of this Ordinance. It shall be a violation of thi-s Ordinance for any person, firm or corporation to ;_install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties in the Town of Cortlandville until an application for inspection has been filed with the New York Board of Fire Underwriters. It shall be a violation of this Ordinance for a person, firm or corporation to connect or cause to be connected electrical wiring, in or on • properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificat, or a certificate of compliance,by the New York Board of Fire Underwriters. Section 6. Penalty fair Violations. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or any rule or regulations made pursuant thereto shall be guilty of a violation, and upon conviction thereof may be punished by a fine of not more than Fifty Dollars ($50.00), and each day on which such violation continues shall constitute a ,separate offense. Section 7. Ordinance not Applicable in Certain Cases, The provisions of this Ordinance shall not apply to the electrical installations in mines, ships, railway cars, automotive equipment, or the installations or equipment employed by:a railway, electrical or communication utility in the exercise of its function as a utility, and located outdoors or in buildings used exclusively for that purpose. This Ordinance shall not apply to any work involved in the manufacture assembly, test or repair of electrical machinery, • apparatus, materials and equipment by a person, firm or.corporation engaged in electrical manufacturing as their principal business. r It shall not apply to any building which is owned or leased in its entirety by the Government of the United States, the State of New York or the County of Cortland. PG 5 j 0 Electrical Code ® con't Section 8, No Waiver or Assumption of Liability. This Ordinance shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electrical wiring, devices, appliances, or equipment for loss of life or damage to person or property caused by any defect therein, nor shall the Town of Cortlandville or the New York Board of Fire Underwiters be deemed to have assumed any such liability by reason of.any inspection made pursuant to this Ordinance. Section 9, Separability Clause. If any part or provisions of this Ordinance or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction such judgement 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 Ordinance or the application thereof to other persons or circumstances and the Town Board of the Town of Cortlandville hereby declares tht it would have passed this Ordinance or the remainder thereof had such invalid application or invalid provision been apparent. Section 10. Repealing Provisions All Ordinances, Local Laws and parts thereof inconsistent with this Ordinance are hereby repealed. Section 11. Effective Date, This Ordinance shall take effect immediately. • 1 April 5, 1978 Pg. 6 Page. 36 of 1978 Minutes Book RESOLUTION # 60 ADOPTION OF ORDINANCE AMBNDING THE ORDINANCE CONSTITUTING THE ELECTRICAL CODE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Pierce S:dconded by Councilman Thorpe Votes: All AYE ADOPTED BE IT RESOLVED, that the ordinance constituting the electrical code of the Town of Cortlandville adopted on April 16, 1975 be amended as follows: Section 3. Electrical Inspector. The Cheif Inspector, and each of the duly appointed Inspectors of the New York Board of Fire Under- • writers and of Atlantic-Inland,Inc.,are hereby authorized and deputized as agents of the Town of Cortlandville to make inspections and rein- spections of all electrical installations hereto fore and hereafter described, and to approve or disapprove the same, In no event, however, • will the cost or expense of such inspection and reinspections be a charge against the Town of Cortlandville. Section 5. Violations of this Ordinance. It shall be a violation of this Ordinance for any person, firm or corporation to install or cause to be installed, or to alter electrical wiring for light, heat or power in or on properties in the Town of Cortlandville, until an application for inspection has been filed with the New York Board of Fire Underwriters or Atlantic -Inland, Inc. It shall be a violation of this Ordinance for a person, firm or corporation to connect or cause to be connected electrical wiring, in or on properties for light, heat or power, to any source of electrical energy supply, prior to the issuance of a temporary certificate, or certificates of compliance, by the New York Board of Fire Underwriters or Atlantic -Inland Inc. 1 r� U U 1 !z December 14, 1981 page 7 Page 136 of the 1981 Minute.Book RESOLUTION # 204 ADOPTION OF NEW YORK STATE FIRE PREVENTION CODE Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS the Fire Commissioners of the Town of Cortland- ville have recommended the adoption of the New York State Fire Prevention, therefore BE IT RESOLVED that the Town Board of the Town of Cort- landville, Cortland County, New York, shall hereby adopt the New York State Fire Prevention Code of 1978 for the ® Town of Cortlandville, to be effective in said Town of Cortlandville on the first day of January, 1982, and RESOLVED, the Town Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Cortland County Legislature, no later than December 28, 1981. 1 • 1