The Code of the Town of Kirkland is presented here for the convenince of our residents – for information purposes only.
Although every effort has been made to assure that this is a true and correct copy of the code, no warrantee is made for the completeness or accuracy of the information made available here.
For an official copy of the Code of the Town of Kirkland, contact the Town Clerk during regular office hours.
ARTICLE I
Adoption of Code
[Adopted 9-11-1989 by L.L. No. 1-1989]
§ 1-1. Legislative intent.
The local laws, ordinances and resolutions of the Town of Kirkland referred to in § 1-2 of this local law shall be known collectively as the “Code of the Town of Kirkland,” hereafter termed the “Code,” and the various parts and sections of such local laws, ordinances and resolutions shall be distributed and designated as provided and set forth in § 1-2 of this local law.
§ 1-2. Distribution of local laws, ordinances and resolutions.
Derivation Table
(Sections providing for severability of provisions, repeal of conflicting legislation and effective dates which are covered by provisions of Chapter 1, Article I, or title sections which are not necessary in a codification having chapter and/or article titles for the various ordinances and local laws included therein have been omitted from the Code, and such sections are indicated as “omitted” in the table which follows.) [See separate document downloadable from the Documents section of this page.]
§ 1-3. Repeal of enactments not included in Code.
All local laws, ordinances and resolutions of a general and permanent nature of the Town of Kirkland in force on the date of the adoption of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.
§ 1-4. Enactments saved from repeal; matters not affect.
The repeal of local laws and ordinances provided for in § 1-3 of this local law shall not affect the following classes of local laws, ordinances, resolutions, rights and obligations, which are hereby expressly saved from repeal.
A. Any right or liability established, accrued or incurred under any legislative provision of the Town of Kirkland prior to the effective date of this local law, or any action or proceeding brought for the enforcement of such right or liability.
B. An offense or act committed or done before the effective date of this local law in violation of any legislative provision of the Town of Kirkland, or any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution, indictment, action, suit or other proceeding pending, or any judgment rendered prior to the effective date of this local law, brought pursuant to any legislative provision of the Town of Kirkland.
D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Kirkland.
E. Any local law, ordinance or resolution of the Town of Kirkland providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Kirkland or any portion thereof.
F. Any local law, ordinance or resolution of the Town of Kirkland appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Kirkland or other instruments or evidence of the Town’s indebtedness.
G. Local laws, ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract or obligation.
H. The levy or imposition of special assessments or charges.
I. The dedication of property.
J. Any local laws, ordinances or resolutions relating to salaries.
K. Any and all Zoning Map amendments.
L. All local laws, ordinances or resolutions relating to vehicles and traffic.
M. Any local law or resolution relating to senior citizens tax exemption.
N. All Town Subdivision Regulations.
O. Local Law No. 1-1977 relating to games of chance.
P. All legislation adopted subsequent to December 12, 1988.
Q. Local law regarding publication of legal notices.
§ 1-5. Severability.
If any clause, sentence, paragraph, section, article or part of this local law or of any local law, ordinance or resolution cited in the table in § 1-2 hereof, or any local law, ordinance or resolution included in this Code through supplementation, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 1-6. Copy of Code on file.
A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Kirkland and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified to by the Town Clerk of the Town of Kirkland by impressing thereon the Seal of the Town of Kirkland, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while the said Code is in effect.
§ 1-7. Amendments to Code.
Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the “Code of the Town of Kirkland,” or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code, as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable.
§ 1-8. Code book to be kept up-to-date.
It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Kirkland required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes or local laws, ordinances or resolutions until such change or local law, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
§ 1-9. Sale of Code book; supplementation.
Copies of the Code may be purchased from the Town Clerk of the Town of Kirkland upon the payment of a fee to be set by resolution of the Town Board, which may also arrange by resolution for procedures for the periodic supplementation thereof.
§ 1-10. Penalties for tampering with Code.
Any person who, without authorization from the Town Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the Town of Kirkland, or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Kirkland to be misrepresented thereby, or who violates any other provision of this local law, shall be guilty of an offense and shall, upon conviction thereof, be subject to a fine of not more than $250 or imprisonment for a term of not more than 15 days, or both.
§ 1-11. Changes in previously adopted legislation.
A. In compiling and preparing the local laws, ordinances and resolutions for publication as the Code of the Town of Kirkland, as distributed and designated in the table in § 1-2 hereof, no changes in the meaning or intent of such local laws, ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the local laws, ordinances and resolutions had been previously formally amended to read as such.
B. In addition, the following changes, amendments or revisions are made herewith, to become effective upon the effective date of this local law. (Chapter and section number references are to the local laws, ordinances and resolutions as they have been renumbered and appear in the Code.)
§ 1-12. Incorporation of provisions into Code.
The provisions of this local law are hereby made Article I of Chapter 1 of the Code of the Town of Kirkland, such local law to be entitled “General Provisions, Article I, Adoption of Code,” and the sections of this local law shall be numbered §§ 1-1 to 1-13, inclusive.
§ 1-13. When effective.
This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.
CASH MANAGEMENT AND INVESTMENTS
§ 3-1. Policy established.
The Town of Kirkland hereby establishes the following cash management and investment policy.
§ 3-2. Objectives.
The objectives of the policy are to minimize risk, to insure liquidity so that investments mature when funds are required and to earn a competitive rate of return.
§ 3-3. Investments.
A. Authorized investments.
(1) In accordance with this policy, the Fiscal Officer of the Town of Kirkland IS hereby authorized to invest funds in the following.
(a) Certificates of deposit issued by a bank or trust company authorized to do business in New York State.
(b) Time deposit accounts in a bank or trust company authorized to do business in New York State.
(c) Obligations of New York State.
(d) Obligations of the United States government.
(2) All funds, except reserve funds, may be invested in:
(a) Obligations of agencies of the federal government, the principal and interest of which are guaranteed by the United States.
(b) With the approval of the State Comptroller, in revenue anticipation notes or tax anticipation notes of other local governments.
(3) Only reserve funds may be invested in obligations of the local government.
B. All other local government officials receiving money in their official capacity must deposit such funds in negotiable order of withdrawal accounts.
§ 3-4. Collateral.
A. All deposits shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies, the principal and interest of which are guaranteed by the United States or obligations of New York State local governments. The market value of collateral shall at all times equal or exceed the principal amount of the deposits.
B. A record of the collateral shall be kept in Town files.
C. Collateral shall not be required with respect to the direct purchase of obligations of New York State, obligations of the United States and obligations of federal agencies, the
principal and interest of which are guaranteed by the United States government.
§ 3-5. Securities.
Any securities purchased by the Town of Kirkland shall be kept with the Town of Kirkland.
§ 3-6. Trading partners; financial institutions.
A. All trading partners must be credit worthy. Their financial statements must be reviewed at least annually by the Town Board to determine satisfactory financial strength or the Town Board may use credit rating agencies to determine credit worthiness of trading partners. Concentrations of investments in financial institutions should be avoided.
B. Investments in time deposits and certificates of deposit are to be made with banks or trust companies. Their annual reports must be reviewed by the Town Board to determine satisfactory financial strength. Annually at the organizational meeting, depository institutions shall be named.
§ 3-7. Reporting.
Annually the Town Fiscal Officer will prepare a report of investments. This report shall be reviewed by the Town Board.
DEFENSE AND INDEMNIFICATION
§ 4-1. Definitions.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
EMPLOYEE – Any person holding a position by election, appointment or employment in the service of the Town, but shall not include a volunteer, any person not compensated for his services or an independent contractor. The term “employee” shall include a former employee, his estate or judicially appointed personal representative.
TOWN – The Town of Kirkland.
§ 4-2. Duty to provide defense.
A. Upon compliance by the employee with the provisions of § 4-3, the Town shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting or in good faith purporting to act within the scope of his public employment or duties or which is brought to enforce a provision of Title 42 of the United States Code. Such defense shall not be provided where such civil action or proceeding is brought by or on behalf of the Town against the employee.
B. Subject to the conditions set forth in this chapter, the employee shall be represented by the Town. Any dispute with respect to representation of multiple employees or by an attorney employed or retained for such purposes or with respect to the amount of the fees or expenses shall be resolved by the court.
C. Where the employee delivers process and a request for a defense to the Town Supervisor as required by § 4-3, the Town Board shall take the necessary steps, including the retention of an attorney under the terms and conditions provided in Subsection B, on behalf of the employee to avoid entry of a default judgment, pending resolution of any question relating to the obligation of the Town to provide a defense.
§ 4-3. Duty of employee.
The duties to defend provided in this chapter shall be contingent upon delivery to the Town Supervisor of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after the employee is served with such document and the full cooperation of the employee in the defense of such action or proceeding and defense of any action or proceeding against the Town based upon the same act or omission and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the Town provide for its defense pursuant to this chapter, unless the employee shall state, in writing, that a defense is not requested.
§ 4-4. Limitations.
The benefits of this chapter will inure only to employees as defined herein and shall not enlarge or diminish the rights Of any other party, nor shall any provision of this chapter be construed to affect, alter or repeal any provisions of the Workers’ Compensation Law.
§ 4-5. Employees under civil service.
The benefits of this chapter shall be extended to an employee of a negotiating unit for which an agreement has been negotiated pursuant to Civil Service Law, Article 14, only if such agreement expressly so provides.
§ 4-6. Insurance policies not affected.
The provisions of this chapter shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.
§ 4-7. Existing rights or immunities under other provisions.
As otherwise specifically provided in this chapter, the provisions of this chapter 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 right to defense provided for any governmental officer or employee by, in accordance with or by reason of any other provision of state or federal statutory or common law.
§ 5-1. Purpose.
The purpose of this chapter is to establish a Town-based alcohol and drug testing program to help prevent accidents and injuries resulting from the misuse of alcohol and drugs by covered drivers of commercial motor vehicles in compliance with the Department of Transportation Regulations codified at 49 CFR 40, and 49 CFR 382, and pursuant to The Omnibus Transportation Employee Testing Act of 1991, enacted October 28, 1991.
§ 5-2. Applicability. [Amended 12-13-2004]
This policy applies to all Town employees who operate any motor vehicle owned and/or insured by the Town of Kirkland or its special districts.
§ 5-3. Objectives.
The objectives of this chapter are as follows:
A. To establish rules and procedures to deter all illegal drug use and deter on-duty, pre-duty and post-accident alcohol use as well as on-duty alcohol impairment stemming from pre-duty use for all covered drivers who perform safety sensitive functions.
B. To detect and eliminate the possibility that Town-covered drivers will perform safety-sensitive functions after testing positive for alcohol or drugs.
C. To comply with applicable federal and state laws, including the Omnibus Transportation Employee Testing Act of 1991.
D. To provide reasonable measures for the early detection of personnel not fit to perform activities within the scope of this policy.
E. To maintain a work place free of drugs and alcohol.
F. To inform employees through education, in-service training and other appropriate forums, about illegal drugs and alcohol abuse, their use, possession, distribution and the effects of such substances.
§ 5-4. Testing.
There are several occasions when an individual will be subject to drug and alcohol tests pursuant to this policy. Prior to the administration of the following tests, the Town or its testing agent will notify the covered driver that the test is required under the Code of Federal Regulations. The testing occasions shall include:
A. Pre-duty testing. Pre-duty testing is testing for alcohol and drugs that the Town will administer after a conditional offer of employment has been extended and prior to any covered driver’s performance of a safety-sensitive function. The Town will not allow any covered driver to commence the performance of any safety-sensitive function unless the alcohol testing reveals an alcohol concentration of less than 0.04 and the drug testing reveals a verified negative test result. If the pre-duty alcohol test reveals an alcohol concentration of 0.02 or greater but less than 0.04, the covered driver will not be allowed to perform safety-sensitive functions for 24 hours following the administration of the test. In addition, independent of the requirements of the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereunder, if the pre-duty alcohol test reveals an alcohol concentration of 0.02 or greater, it will result in a revocation of the conditional offer of employment. Also independent of the Omnibus Transportation Employee Testing Act of 1991 and the regulations thereunder, if the pre-duty drug testing reveals a presence of drugs, it will result in the revocation of the conditional offer of employment. The Town may, in its sole discretion, forego pre-duty drug testing where the exceptions promulgated at DOT 49 CFR 382.301(b) or (c), relating to drug and alcohol testing of covered drivers by their previous employers, are satisfied.
B. Reasonable suspicion testing.
(1) Reasonable suspicion testing is alcohol and drug testing that the Town will conduct when it has reasonable suspicion to believe that a covered driver has engaged in conduct prohibited by this policy. (Reasonable suspicion testing will not be conducted based upon the suspicion that a covered driver has violated the provision of this policy prohibiting covered drivers from being on-duty or operating commercial motor vehicles while the driver possesses unmanifested alcohol). Reasonable suspicion must be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of a covered driver by the Director of Special Education, Occupational Education, Assistant Directors of such programs or any other supervisor as determined by the Town who is specially trained to recognize alcohol misuse or drug use.
(2) The Town shall not administer a reasonable suspicion alcohol test more than eight hours following a determination that reasonable suspicion exists to believe that the alcohol prohibitions of this policy have been violated. Notwithstanding the absence of a reasonable suspicion alcohol test, the Town will not permit any covered driver to report for duty or remain on duty requiring the performance of a safety-sensitive function while the driver is under the influence of, or impaired by, alcohol as shown by the behavioral, speech and performance indicators of alcohol misuse, until an alcohol test is administered and the driver’s alcohol concentration measures less than 0.02 or 24 hours have elapsed following a determination that reasonable suspicion exists to believe that the alcohol prohibitions of this policy have been violated.
(3) A written record shall be made of observations leading to reasonable suspicion, signed by the supervisor or person who made the observations, within 24 hours of the observed behavior or before the results of drug tests are released, whichever is earlier.
(4) Covered drivers are subject to reasonable suspicion alcohol testing as follows: immediately prior to performing safety sensitive functions, while performing safety-sensitive functions or immediately following the performance of safety-sensitive functions. Reasonable suspicion drug testing may be conducted at any time the covered driver is on duty for the Town.
C. Random testing.
(1) Random testing is unannounced testing for alcohol and drugs administered in a statistically random manner throughout the year to covered drivers employed by the T own in ratios as required by the DOT regulations so that all covered drivers have an equal probability of selection each time a random test is administered.
(2) Covered drivers are subject to random alcohol testing as follows: immediately prior to performing safety-sensitive functions or while performing safety-sensitive functions or immediately following the performance of safety-sensitive functions. Random drug testing may be conducted at any time the covered driver is on duty for the Town.
D. Post-accident testing.
(1) A post-accident test is a test for alcohol and drugs administered following an accident involving a commercial motor vehicle to each surviving covered driver:
(a) Who was performing safety-sensitive functions with respect to the vehicle if the accident involved the loss of human life.
(b) Who receives a citation under state or local law for a moving violation arising from the accident.
(c) If the accident resulted in one or more motor vehicles incurring substantial structural damages as a result of the accident.
(d) If the accident resulted in bodily injury to a person who as a result of the injury immediately receives medical treatment away from the scene of the accident.
(2) The Town will not administer a post-accident alcohol test more than eight hours following the accident and will not administer a post-accident drug test more than 32 hours following the accident. A covered driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the Town to have refused to submit to testing. This shall not be construed to require the delay of necessary medical attention for injured individuals following an accident or to prohibit a covered driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
(3) The results of a breath or blood test for the use of alcohol or a urine test for the use of drugs, conducted by federal, state or local officials having independent authority for the test, shall be considered to meet the requirements of the policy concerning post-accident testing, provided that such tests conform to applicable federal, state or local requirements and that the results of the test are obtained by the Town.
E. Return-to-duty testing. Return-to-duty testing is alcohol and drug testing conducted after a covered driver has engaged in prohibited conduct under this policy, completed counseling prescribed by a substance abuse professional, if any, and prior to his return to the performance of a safety-sensitive function. Before a covered driver may return to the performance of safety sensitive functions, he/she must undergo return-to-duty testing with an alcohol test result indicating an alcohol concentration of less than 0.02 and/or a drug test indicating a verified negative result for illegal drugs.
F. Follow-up testing.
(1) Follow-up tests are given following a determination by the substance abuse professional (SAP) that a driver is in need of assistance in resolving problems associated with misuses of alcohol and/or drugs. This is an unannounced test, given at least six times within 12 months with the actual frequency and number of tests determined by the substance abuse professional (SAP), but in no event may the follow-up testing continue for a period beyond 60 months from the covered driver’s return to duty. The substance abuse professional may terminate the requirement of follow-up testing at any time after the first six tests have been administered if (s)he determines that follow-up testing is no longer necessary.
(2) Covered drivers are subject to follow-up alcohol testing as follows: immediately prior to performing safety-sensitive functions or while performing safety sensitive functions or immediately following the performance of safety-sensitive functions. Follow-up drug testing may be conducted at any time the covered driver is on duty for the Town.
§ 5-5. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOL – The intoxicating agent in beverage alcohol ethyl, alcohol or other low molecular weight alcohols, including methyl and isopropyl alcohol.
ALCOHOL USE – The consumption of any beverage, mixture or preparation, including any medication containing alcohol.
BAC or ALCOHOL CONCENTRATION – Breath alcohol concentration (BAC) or alcohol concentration is the amount of alcohol in a volume of breath expressed in terms of grams or alcohol per 210 liters of breath indicated by an evidential breath test.
BREATH ALCOHOL TECHNICIAN (BAT) – An individual who operates an evidential breath-testing device and instructs and assists individuals in the alcohol testing process.
COMMERCIAL MOTOR VEHICLE – A motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. . Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
B. Has a gross vehicle weight rating of 26,001 or more pounds;
C. Is designed to transport 16 or more passengers, including the driver; or
D. Is of any size and is used in the transportation of materials found to be hazardous for the purpose of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Material Regulations (49 CFR 172, Subpart F).
CONFIRMATION TEST – In drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of a screening test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines and phencyclidine. In alcohol testing, a second test following a screening test with a result of 0.02 or greater that provides quantitative data of alcohol concentration.
COVERED DRIVER – Town employees who operate motor vehicles and applicants for employment with the Town who are applying for positions as drivers of motor vehicles (for the purposes of pre-duty testing only). [Amended 12-13-2004J
DRUG AND ALCOHOL COORDINATOR – The Jefferson-Lewis BOCES Health and Safety Coordinator.
EVIDENTIAL BREATH TESTING DEVICE (EBT) – A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA’s Conforming Product’s List of Evidential Breath Measurement Devices (CPL).
MEDICAL REVIEW OFFICER (MRO) – A licensed physician responsible for receiving laboratory results generated by the Town’s drug test program, who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual’s positive test result together with his or her medical history and any other relevant biomedical information.
REFUSE TO SUBMIT (TO AN ALCOHOL OR DRUG TEST) – A covered driver fails to provide adequate breath for alcohol testing as required by 49 CFR 40, without a valid medical explanation, after he or she has received a notice of the requirement for the breath testing in accordance with the DOT regulations, fails to provide an adequate urine sample for drug testing as required by 49 CFR 40, without a genuine inability to provide a specimen (as determined by a medical evaluation), after he or she has received notice of the requirement for urine testing in accordance with the provisions of the DOT regulations, engages in conduct that clearly obstructs the testing process or otherwise refuses to submit, will be classified as having refused to submit to an alcohol or drug test. A refusal to submit to either an alcohol or drug test will carry the same consequences as a failure of a required test.
SAFETY-SENSITIVE FUNCTION – Any of those on-duty functions (promulgated at 49 CFR 395.2, On-duty time) as listed below:
A. All time at a carrier or shipper plant, terminal, facility or other property, waiting to be dispatched, unless the driver had been relieved from duty by the Town.
B. All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSRs), or otherwise inspecting, servicing or conditioning any commercial motor vehicle at any time.
C. All time spent at the driving controls of a commercial motor vehicle in operation.
D. All time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth).
E. All time spent loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded or unloaded.
F. All time spent performing the driver’s requirements associated with an accident promulgated at 49 CFR 392.40 and 392.41.
G. All time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.
SCREENING TEST – In alcohol testing, an analytical procedure to determine whether a driver may have a prohibited concentration of alcohol in his or her system. In drug testing, an immunoassay procedure to eliminate negative urine specimens from further consideration.
SUBSTANCE ABUSE PROFESSIONAL – A licensed physician (medical doctor or doctor of osteopathy) or a licensed or certified psychologist, social worker, employee assistance professional or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders.
§ 5-6. Drug and alcohol testing procedures.
A. Alcohol.
(1) Alcohol testing will be administered by a breath alcohol technician (BAT) who has completed the equivalent of the DOT’s model course, as determined by the National Highway and Traffic Administration, and who is trained in utilizing an evidential breath testing device (EBT) that conforms to the DOT requirements. The EBT used for testing shall meet the standards promulgated by the DOT and have a quality assurance plan (QAP) developed by the manufacturer to ensure proper calibration. Testing will be conducted in a location that affords visual and aural privacy to individuals being tested.
(2) If the initial test reveals an alcohol concentration of 0.02 or greater, a confirmatory test must be performed. The confirmatory test result is the final test result for the purposes of this policy. If the final test result reveals an alcohol concentration greater than 0.02 but less than 0.04, the covered driver will be suspended from performing safety-sensitive functions for 24 hours. If the alcohol concentration is 0.04 or greater, the covered driver will be suspended from the performance of safety-sensitive functions for an indefinite period. (For an in-depth explanation of the alcohol testing procedures, please refer to Appendix B, Department of Transportation, 49 CFR 40, Subpart C.)
(3) Employees covered by this policy will be tested for alcohol by a breath alcohol technician using an evidential breath testing device. Split sample urine testing will be the method used for testing for controlled substances.
(4) The services of Comprehensive Care and Compliance, Watertown, New York, will be retained to perform collection, testing and chain of custody to ensure the correct employee is tested and matched with the correct test results. Comprehensive Care and Compliance will provide the Medical Review Officer. Comprehensive Care and Compliance will be required to follow the federal regulations to ensure compliance with the blind sample, calibration of the EBT, laboratory certification and proper training of the BAT. Testing for alcohol and/or controlled substances will be taken on-site or at the laboratory in a secure location and with the proper safeguards to ensure the integrity of the specimens collected.
(5) If a specimen tests positive, the employee will be contacted by the MRO who will discuss his/her findings with the employee. If the MRO is not convinced that there is a reasonable cause for the positive finding, then the employee will be given the opportunity to have the second split sample tested. The cost for testing this split sample will be the employee’s responsibility.
B. Drugs.
(1) A Department of Health and Human Services certified laboratory will perform drug testing on urine samples provided by covered drivers. The drugs for which tests will be conducted are:
a. Marijuana (THC).
b. Cocaine.
c. Phencyclidine (PCP).
d. Opiates.
e. Amphetamines.
(2) The cutoff levels for these drugs will be those set forth in the DOT regulation.
(3) The Town will contract with the certified laboratory to ensure that the collection, shipment, testing and chain of custody procedures ensure the integrity of the testing process in accordance with the procedures set forth in the regulations.
(4) The split sample urine testing will be utilized. This method requires that the urine specimen be divided into two samples providing one sample for preliminary screening and initial confirmation and a second sample for the second test if needed at a later date. Independent of the requirements of the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereunder, the Town requires that the cost for testing this split sample will be the covered driver’s responsibility if the covered driver elects to have. the second sample tested.
(5) The MRO will conduct a final review of all positive test results to assess possible alternative medical explanations for the positive test results. (For an in-depth explanation of the drug testing procedures, please refer to Appendix B, Department of Transportation, 49 CFR 40, Subpart B).
C. Alcohol and drug.
(1) The Town will ensure that alcohol and drug test information is maintained in a confidential manner in conformity with the Department of Transportation Rule 49 CFR40.
(2) The Town will ensure that all contracts between the Town and any other entity involved in the alcohol and drug testing program will comply with the procedures set forth in the Department of Transportation Rule 49 CFR 40.
(3) The Town will conform to the requirements in the Department of Transportation 49 CFR 40 in all aspects.
D. Uncompleted testing. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, if practicable, begin a new screening or confirmation test, as applicable, e.g., using a new breath alcohol testing form with a new sequential test number [in the case of a screening test conducted on an EBT that meets the requirements of 40.53(b) or in the case of a confirmation test.]
§ 5-7. Refusal to submit to testing.
A covered driver shall not refuse to submit to a post-accident alcohol or drug test required under this policy, a random alcohol or drug test required under this policy, a reasonable suspicion alcohol or drug test required under this policy or a follow-up alcohol or drug test required under this policy. The Town will not permit any covered driver to perform safety-sensitive functions subsequent to a refusal to submit to a test required under the policy until the individual is evaluated by a substance abuse professional and completes a substance abuse program designed by the substance abuse professional, if any, and undergoes a return-to-duty alcohol test revealing an alcohol concentration of less than 0.02 and a drug test with a verified negative result. In other words, a refusal to submit to testing is the equivalent of an alcohol test revealing an alcohol concentration of 0.04 or greater or a drug test with a positive result. A refusal to be tested shall be defined as a refusal by an employee to complete and sign the breath alcohol testing form or to complete the drug screening chain of custody form, to provide breath, to provide an adequate amount of breath, to provide an adequate amount of urine or otherwise to cooperate with the testing process in a way that prevents the completion of the test. The BAT or collector shall record such refusal in the remarks section of the form. The testing process shall then be terminated and the BAT or collector shall immediately notify the Town.
§ 5-8. Prohibited conduct.
A. Alcohol.
(1) No covered driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. The Town shall not permit a covered driver to perform or continue to perform safety-sensitive functions if it has actual knowledge that a driver has an alcohol concentration of 0.04 or greater.
(2) A covered driver shall not be on duty or operate a motor vehicle while the covered driver possesses alcohol. [Amended 12-13-2004]
(3) A covered driver shall not use alcohol while performing safety-sensitive functions. The Town shall not permit a driver to perform or continue to perform safety-sensitive functions if it has actual knowledge that a driver is using alcohol while performing safety-sensitive functions.
(4) No covered driver shall perform safety-sensitive functions within six hours after using alcohol. The Town shall not permit a driver to perform or continue to perform safety-sensitive functions if it has actual knowledge that a driver has used alcohol within six hours.
(5) A covered driver required to take a post-accident alcohol test shall not use alcohol for eight hours following the accident or until he/she undergoes a post-accident alcohol test, whichever is first.
B. Drugs.
(1) A covered driver shall not report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver is using drugs, except when the use is pursuant to the instructions of a physician who has advised the driver that the drug does not affect the driver’s ability to safely operate a commercial motor vehicle. The Town shall not permit a covered driver to report for duty or remain on duty requiring the performance of safety-sensitive functions if the Town has actual knowledge that the driver is using drugs, except when the use is pursuant to the instructions of a physician who has advised the driver that the drug does not affect the driver’s ability to safely operate a commercial motor vehicle.
(2) Independent of the requirements of the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereunder, the covered driver must notify the Town that he/she is using controlled substances pursuant to the instructions of the physician who has advised the driver that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle.
§ 5-9. Referral, evaluation and treatment.
A. The Town shall make available to the covered driver information regarding the resources available for evaluating and resolving problems associated with the misuse of alcohol and use of drugs, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs.
B. The Town requires that each covered driver who engages in conduct prohibited by this policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and drug use. The costs associated with this evaluation shall be the responsibility of the covered driver.
C. Before a covered driver returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy, the covered driver shall undergo 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 drug test with a verified negative result if the conduct involved drugs.
D. Each covered driver identified as needing assistance in resolving problems associated with alcohol misuse or drug use shall:
(1) Be evaluated by a substance abuse professional to determine if the covered driver has properly followed any rehabilitation program prescribed under Subsection B of this section.
(2) Be subjected to unannounced follow-up alcohol and drug tests administered by the Town following the covered driver’s return to duty. The number and frequency of the follow-up tests shall be as directed by the substance abuse professional and consist of at least six tests in the first 12 months following the covered driver’s return-to-duty. The Town may direct the covered driver to undergo return-to-duty and follow-up testing for both alcohol and drugs if the substance abuse professional determines that return-to-duty and follow-up testing for both alcohol and drugs is necessary for that particular covered driver. Such testing shall be in conformance with this policy and the DOT regulations. Follow-up testing shall not exceed 60 months from the date of the covered driver’s return to duty. The substance abuse professional may terminate the requirement at any time after the first six tests have been administered if the substance abuse professional determines that such testing is no longer necessary.
E. The evaluation and rehabilitation may be provided by the Town, by a substance abuse professional under contract with the Town or by a substance abuse professional not affiliated with the Town. The choice of a substance abuse professional shall be that of the Town, and costs affiliated with evaluation and treatment shall be the responsibility of the covered driver.
F. The Town requires that a substance abuse professional who determines that a covered driver requires assistance in resolving problems with alcohol misuse or drug use does not refer the covered driver to the substance abuse professional’s private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest.
G. The requirements of this section with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to pre-duty alcohol or drug test or who has a pre-duty alcohol test with a result indicating an alcohol concentration of 0.04 or a drug test with a verified positive test result.
§ 5-10. Consequences for covered drivers.
A. A covered driver shall not perform safety-sensitive functions, including driving a commercial motor vehicle, if the covered driver has engaged in conduct prohibited by this policy or an alcohol or drug rule of any DOT agency.
B. The Town will not permit any driver to perform safety-sensitive functions, including driving a motor vehicle, if said driver has tested positive for alcohol andlor drugs. The Town will not permit any covered driver found to have an alcohol concentration of at least 0.02 and less than 0.04 to perform safety-sensitive functions for 24 hours following
the administration of the test. A covered driver found to have an alcohol concentration of~··· , 0.02 or greater but less than 0.04 shall receive a twenty-four-hour suspension from the performance of safety-sensitive functions. [Amended 12-13-2004]
C. Covered drivers who violate this policy will be suspended from the performance of safety-sensitive functions and referred to a substance abuse professional. Before a covered driver may resume the performance of safety-sensitive functions for the Town, a substance abuse professional must certify that the covered driver has been evaluated and completed any substance abuse program prescribed. In addition, the covered driver must pass an alcohol test with an alcohol concentration of less than 0.02 and/or a drug test prior to the return to the performance of safety-sensitive functions.
D. Independent of the requirements of the Omnibus Transportation Employee Testing Act of 1991 and the regulations promulgated thereunder, covered drivers who have been found to have violated the prohibited conduct under this policy:
(1) Will be immediately suspended from their safety-sensitive function without pay. (2) If the violation is for the illegal use of drugs in violation of this policy and after a review of all pertinent facts leading to the suspension, the covered driver shall be terminated.
(2) If a covered driver refuses to submit to a post-accident drug test, a reasonable suspicion drug test, a random drug test or a follow-up drug test, the covered driver shall be terminated.
(3) If the covered driver’s alcohol concentration, as measured by an alcohol test, is 0.02 or greater but less than 0.04, the covered driver shall be advised to seek assistance and/or counseling from a substance abuse professional. Such an infraction shall result in a suspension without pay pending a review of the employee’s work record for determination by the Town of the appropriate disciplinary action, up to and including discharge.
(4) If the covered driver’s alcohol concentration, as measured by an alcohol test, is 0.04 or greater, the covered driver shall be advised to seek assistance and/or counseling from a substance abuse professional. Such an infraction shall result in a suspension without pay pending a review of the employee’s work record. After a review of all pertinent facts leading to the suspension and a positive test result from the MRO, the covered driver shall be terminated.
(5) If the covered driver refuses to submit to a post-accident alcohol test, a reasonable suspicion alcohol test, a random alcohol test or a follow-up alcohol test, the covered driver shall be directed to seek assistance and/or counseling from a substance abuse professional. If a covered driver refuses to submit to alcohol testing under this policy, such action shall result in a suspension without pay pending a review of the employee’s work record for a determination by the Town of the appropriate disciplinary action, up to and including discharge.
(6) The above actions shall be taken in accordance with the provisions of the employee’s collective bargaining agreement, § 75 of the Civil Service Law or § 3020-a of Education Law, whichever is applicable.
§ 5-11. Employee notification.
The Town shall provide a copy of this policy to each covered driver and to his/her collective bargaining agent. Each covered driver is required to sign a statement certifying that (s)he has received this information. The Town shall maintain the original signed certification for a minimum of two years. The Town will provide a copy of the certification to the covered driver upon request.
§ 6-1. Purpose.
Pursuant to the provisions of § 806 of the General Municipal Law, the Town Board of the Town of Kirkland recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Town of Kirkland. These rules shall serve as a guide for official conduct of the officers and employees of the Town of Kirkland. The rules of ethical conduct of this chapter, as adopted, shall not conflict with, but shall be in addition to any prohibition of Article 18 of the General Municipal Law or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.
§ 6-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
INTEREST – A pecuniary or material benefit accruing to a municipal officer or employee, unless the context otherwise requires.
MUNICIPAL OFFICER OR EMPLOYEE An officer or employee of the Town of Kirkland, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a “municipal officer or employee” solely by reason of being a volunteer fireman or civil defense volunteer, except a chief engineer or assistant chief engineer.
§ 6-3. Standards of conduct.
Every officer or employee of the Town of Kirkland shall be subject to and abide by the following standards of conduct:
A. Gifts. He shall not, directly or indirectly, solicit any gift, or accept or receive any gift having a value of $25 or more, 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 intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.
B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.
C. Representation before one’s own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before 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 agreement, express or implied, for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.
E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Town Board and any officer or employee of the Town of Kirkland, whether paid or unpaid, who participates in the discussion or gives official opinion to the Town Board on any legislation before the Town Board, shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.
F. Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which 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 services for private interests when such employment or service creates 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 Kirkland in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.
§ 6-4. Exceptions.
Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Town of Kirkland, or any agency thereof, on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.
§ 6-5. Distribution.
The Supervisor of the Town of Kirkland shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Town of Kirkland within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment.
§ 6-6. Suspension or removal from office.
In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally 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.
§ 15-1. Authorization to publish summary statement.
The Town Board of the Town of Kirkland is hereby authorized to publish a summary statement of the text of any proposed, adopted or approved ordinance of the Town of Kirkland in lieu of the publication of the entire text thereof.
§ 15-2. Effect on other laws and statutes.
This chapter changes and supersedes Local Law No. 2-1980 of the Town of Kirkland filed with the Office of the State Comptroller on December 18, 1980, and shall further supersede the provisions of § 130 et seq. of the Town Law relating to Town ordinances and particularly § 133 relating to publication of legal notices.
ARTICLE I
Fees for Services
[Adopted 7-8-1996 by L.L. No. 3-1996]
§ 17-1. Compensation for specified legal services.
A. The Town Board of the Town of Kirkland may retain the Town Attorney, the law firm of which the Town Attorney is a member or any other law firm to perform legal services for the Town of Kirkland. In the event that the Town Board retains the Town Attorney, these fees shall be in addition to the annual fixed salary paid to the Town Attorney of the Town of Kirkland for all his/her regular performed duties.
B. The attorneys retained by the Town shall receive compensation at the hourly rate established by the Town Board, plus expenses and disbursements, for the following legal services performed on behalf of the Town of Kirkland:
(1) All litigation or proceedings brought by or against the Town of Kirkland in courts or agencies other than the Kirkland Town Justice’s Court.
(2) All court appearances and appearances before agencies, except for the Kirkland Town Justice’s Court.
(3) All negotiations in bringing about settlements in connection with Subsection B(l) and (2) above.
(4) All certiorari matters brought about by litigation and negotiated settlement, except for the trials and proceedings forwarded to outside counsel.
(5) Appeals filed relating to litigation brought by or against the Town of Kirkland.
(6) All matters pertaining to establishment, extension, consolidation and operation of special districts, and the compensation paid shall be assessed to the residents of the special district.
(7) All matters pertaining to applications for federal, state or other type grants and all matters pertaining to the projects developed with grant moneys in the Town of Kirkland.
§ 18-1. Legislative intent.
The Town of Kirkland hereby elects to place itself within the provisions of the Laws of 1927, Chapter 175, and the Laws of 1938, Chapter 264, and acts amendatory thereto, with reference to the establishment of an Official Map or Plan of that part of Town outside the limits of the Village of Clinton, and for the creation of a Comprehensive Master Plan for the improvement of the Town and its future growth, protection and development, and to afford adequate facilities for the housing, transportation, distribution, comfort, convenience and to conserve and protect the public health, safety and general welfare of its population.
§ 18-2. Establishment; preparation of Official Map.
A. There is hereby created a Planning Board for the Town of Kirkland, Oneida County, New York, consisting of five members appointed according to the requirements of Article 16 of the Town Law. [Amended 4-9-1984]
B. There is hereby conferred upon the Planning Board the power and authority to investigate and cause to be prepared an Official Map or Plan of that part of the Town outside the limits of any incorporated city or village, showing the streets, highways and parks theretofore laid out, adopted and established by law, pursuant to the provisions of § 272-a of the Town Law. Such Official Map or Plan, together with any suggested changes or recommendations of the Planning Board, shall be submitted to the Town Board for its final approval. When so approved, it shall be filed in the proper public offices as the Official Map of the Town for the purposes hereinabove specified.
§ 18-3. Approval of plats.
The Planning Board shall be and it hereby is authorized and empowered to approve plats showing new streets or highways within that portion of the Town outside the limits of the incorporated Village of Clinton, and to exercise all other powers delegated to it which may be delegated to it by resolution of the Town Board, pursuant to the provisions of § 274 of the Town Law,? or which are described or contemplated under the provisions of Article 16 of the Town Law or acts amendatory thereto, with reference to zoning and planning.
§ 18-4. Control of subdivisions.
The Planning Board shall have the power to control subdivisions.
§ 18-5. Filing of certificate with County Clerk.
The Town Clerk shall file with the Clerk of the County of Oneida a certificate in the form herewith attached- certifying that the Planning Board has been authorized to approve plots showing new streets or highways in accordance with the provisions of § 276 of the Town Law.
§ 19-1. Purchase type; bidding.
A. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works contract. Once that determination is made, a good-faith effort will be made to determine whether it is known or can reasonably be expected that the aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent in a year. The following items are not subject to competitive bidding pursuant to § 103 of the General Municipal Law:
(1) Purchase contracts under $10,000.
(2) Public works contracts under $20,000.
(3) Emergency purchases.
(4) Certain municipal hospital purchases.
(5) Goods purchased from agencies for the blind or severely handicapped.
(6) Goods purchased from correctional institutions.
(7) Purchases under state and county contracts.
(8) Surplus and secondhand purchases from another governmental entity.
B. The decision that a purchase is not subject to competitive bidding will be documented, in writing, by the individual making the purchase. This documentation may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was arrived at, a copy of the contract indicating the source which makes the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate.
§ 19-2. Method to secure price; exceptions.
All goods and services will be secured by use of written requests for proposals, written quotations, verbal quotations or any other method that assures that goods will be purchased at the lowest price and that favoritism will be avoided, except in the following circumstances: purchase contracts over $10,000 and public works contracts over $20,000; goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the State Finance Law; goods purchased from correctional institutions pursuant to § 186 of the Correction Law; purchases under state contracts pursuant to § 104 of the General Municipal Law; purchases under county contracts pursuant to § 103, Subdivision 3, of the General Municipal Law; or purchases pursuant to § 19-6 of this policy.
§ 19-3. Method of purchase; number of proposals.
A. The following method of purchase will be used when required by this policy in order to achieve the highest savings:
(1)
Purchase contracts.
Estimated Amount
Method
Under $100
None
$101 to $500
1 verbal quotation
$501 to $1,000
3 verbal quotations
$1,001 to $5,000
1 written/FAX quotation or written request for
proposal
$5,001 to $9,999
3 written/FAX quotations or written requests for
proposals
(2)
Public works contracts.
Estimated Amount
Method
Under $1,000
1 verbal quotation
$1,001 to $5,000
3 verbal quotations
$5,001 to $10,000
1 written/FAX quotations
$10,001 to $19,999
3 written/FAX quotations or written requests for
proposals
B. A good-faith effort shall be made to obtain the required number of proposals or quotations. If the purchaser is unable to obtain the required number of proposals or quotations, the purchaser will document the attempt made at obtaining the proposals. In no event shall the failure to obtain the proposals be a bar to the procurement.
§ 19-4. Documentation required.
Documentation is required of each action taken in connection with each procurement.
§ 19-5. Reward of contract to other than lowest bidder.
Documentation and an explanation is required whenever a contract is awarded to other than the lowest responsible offeror. This documentation will include an explanation of how the award will achieve savings or how the offeror was not responsible. A determination the offeror is not responsible shall be made by the purchaser and may not be challenged under any circumstances.
§ 19-6. Exemption from competitive bidding.
Pursuant to General Municipal Law § 104-b, Subdivision 2f, the procurement policy may contain circumstances when; or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances, it may not be in the best interest of the Town of Kirkland to solicit quotations or document the basis for not accepting the lowest bid:
A. Professional services or services requiring special or technical skill, training or expertise.
The individual or company must be chosen based on accountability, reliability, responsibility, skill, education and training, judgment, integrity and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price, and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures.
(1) In determining whether a service fits into this category, the Town Board shall take into consideration the following guidelines:
(a) Whether the services are subject to state licensing or testing requirements;
(b) Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and
(c) Whether the services require a personal relationship between the individual and municipal officials.
(2) Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing of insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs or services involved in substantial modification and customizing of prepackaged software.
B. Emergency purchases pursuant to § 103, Subdivision 4, of the General Municipal Law.
Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This subsection does not preclude alternate proposals if time permits.
C. Purchases of surplus and secondhand goods from any source. If alternate proposals are required, the Town is precluded from purchasing surplus and secondhand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods, and lower price may indicate an older product.
§ 19-7. Effective date; annual review.
This policy shall go into effect January 1, 1992, and will be reviewed annually.
§ 20-1. Adoption of schedule.
The Records Retention and Disposition Schedule MU-I, issued pursuant to Article 57-A of the Arts and Cultural Affairs Law and containing legal minimum retention periods for municipal government records, is hereby adopted for use by all municipal officers in disposing of municipal government records listed therein.
§ 20-2. Guidelines for disposal of records. In accordance with Article 57-A:
A. Only those records will be disposed of that are described in Records Retention and Disposition Schedule MU-1 after they have met the minimum retention period prescribed therein.
B. Only those records will be disposed of that do not have sufficient administrative, fiscal, legal or historical value to merit retention beyond established time periods.
§ 20-3. Responsibilities of department heads.
The head of each department within the Town of Kirkland shall be responsible for retention and the disposal of those records that are described in the Records Retention and Disposition Schedule MU-1, that have met the minimum retention period prescribed in that schedule, and do not have sufficient fiscal, legal or administrative value to warrant their retention beyond the minimum retention periods.
§ 20-4. Records Advisory Board.
A. Records Advisory Board shall be created, consisting of the Supervisor, Town Attorney, one Board member, one Planning Board member and the Town Historian. The Board shall meet periodically and have the following duties:
B. To provide advice and guidance to the Records Management Officer on the development of the records management program.
C. To review the performance of the program on an ongoing basis and propose changes and improvements.
D. To review requests for the disposition of records that have met their retention periods but with questionable fiscal, legal or administrative value or historical significance to the T own of Kirkland.
E. To provide advice on the appraisal of records for archival value and to be the final sign-off entity as to what is or is not archival.
ARTICLE I
Town Historian [Adopted 1-21-1998 by L.L. No. 1-1998]
§ 21-1. Purpose.
The purpose of this article is to provide that the Town Historian shall be a resident of Oneida County, but need not be a resident of the Town of Kirkland.
§ 21-2. Statutory authority.
The adoption of this article is made pursuant to Arts and Cultural Affairs Law § 57.13 (now § 57.07) and § 10, Subdivision l(ii)a(l), of the Municipal Home Rule Law of the State of New York.
§ 21-3. Residency of Town Historian.
The Town Historian shall be a resident of Oneida County, but need not be a resident of the T own of Kirkland.
§ 21-4. Supersession of Town Law.
This article shall supersede the provisions of Town Law § 23.
ARTICLE II
Codes Enforcement Officer [Adopted 3-10-2008 by L.L. No. 1-2008]
§ 21-5. Title.
This article shall be cited as the “Residence of the Codes Enforcement Officer of the Town of Kirkland, New York.”
§ 21-6. Purpose.
The Town Board of the Town of Kirkland adopts this article to establish the residency requirements for the appointed office of Codes Enforcement Officer for the Town of Kirkland.
§ 21-7. Statutory authority.
The Town Board of the Town of Kirkland enacts this article under the authority granted by:
A. New York Municipal Home Rule Law, § 10 (1)(ii)(a)(1) that grants to local governments the authority to enact articles regarding the qualifications of local officers.
B. New York Public Officer’s Law Article 2, § 3. This article recognizes that the state legislature amended this section adding a new subdivision expanding the residency requirements for any appointed public office in the Town of Greenburgh, Westchester County, thereby rendering Public Officers Law a special law with respect to any appointed Town officer.
§ 21-8. Supersession of Town Law.
This article shall supersede Town Law, § 23(1) III its application to the office of Codes Enforcement Officer for the Town of Kirkland.
§ 21-9. Requirements.
Residency requirements for the position of the Codes Enforcement Officer for the Town of Kirkland. The person holding the office of Codes Enforcement Officer need not be a resident nor an elector of the Town of Kirkland; provided, however, that such person shall reside in the county in which such Town is located or an adjoining county within the State of New York.
[The salaries and compensation of all officers and employees of the Town of Kirkland are as set by the Town Board from time to time. Copies of the currently effective salary provisions are on file in the office of the Town Clerk and available for examination during regular office hours.]
ARTICLE I
Term of Office
[Adopted 5-25-1988]
§ 26-1. Extension of term.
The term of office of the Town Clerk of the Town of Kirkland shall be for a term of four years, effective January 1, 1990.
§ 26-2. Acceptance of referendum.
This article shall be submitted to the qualified electors of the Town for their approval or disapproval at the next biennial Town election held on November 8, 1988.
§ 29-1. Purpose.
It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Kirkland, this chapter is intended to restrict adult uses to nonresidential and nonbusiness areas of the Town. The Town Board hereby finds that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated; therefore, this chapter is intended to promote the health, safety and general welfare of the residents of the Town of Kirkland by regulating the concentration of such uses, and further:
A. To preserve the public peace and good order; prevent and suppress vice and immorality, and loitering about places relating to adult businesses and entertainment; and prevent unreasonably loud and disturbing noises as to be detrimental to the peace, welfare and general order of the residents of the Town of Kirkland.
B. To promote the health, safety, morals or general welfare of the community, including the protection and preservation of the property of the Town and of its inhabitants and of peace and good order.
§ 29-2. Statutory authority.
The adoption of this chapter is made pursuant to § 10 of the Municipal Home Rule Law, and § 130, Subdivisions 11 and 15, of the Town Law of the State of New York.
§ 29-3. Definitions; word usage.
A. General. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
B. Specific terms. As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE – An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises, by use of motion-picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business containing a segment or section devoted to the sale or display of such material.
ADULT ENTERTAINMENT CABARET – A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
ADULT MINI MOTION-PICTURE THEATER – An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MOTION-PICTURE THEATER – An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USE – Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult motion-picture theaters and adult entertainment cabarets.
BUSINESS – Any commercial enterprise, association or arrangement for profit.
DISSEMINATION – The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
PERSON – Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS –
(1) Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES:-
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts of human masturbation, sexual intercourse or sodomy.
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SUBSTANTIAL CONNECTION·-
(1) In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
(2) In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
(3) In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
(4) Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
§ 29-4. Restrictions.
In addition to the requirements of Chapter 118, Zoning, of the Town of Kirkland, adult uses shall be permitted subject to the following restrictions:
A. No adult use shall be allowed within 3,000 feet of another existing adult use.
B. No adult use shall be located within 3,000 feet of any residential district, municipal or county playground or place of public resort and recreation or of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades, restaurants or similar enterprises catering to or frequently attended by minors under the age of 18 years.
C. No adult use shall be located within 3,000 feet of a preexisting school, school bus stop or place of worship.
E. No adult use shall be located in any zoning district, except those districts zoned as a Commercial District (C)
F. This chapter shall not apply to any establishments existing on the effective date of said chapter.
§ 29-5. Observation from public way prohibited; signage.
A. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
B. Sign prohibiting minors required. A sexually oriented business shall display one exterior sign giving notice that the premises is off limits to minors.
§ 29-6. Buffer area required.
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings, to the satisfaction of the Planning Board and Town Board. This section shall not apply to a sexually oriented business already lawfully established on the effective date of this chapter.
§ 29-7. Certificate of registration; fee.
A. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part thereof which contains an adult use, without first complying with the provisions of this section as set forth below.
B. In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate nor allowed to continue to operate until a certificate of registration is filed with the Town Clerk containing:
(1) The address of the premises.
(2) The name and address of the owner(s) of the premises and the name and address of the beneficial owner( s) if the property is in a land trust.
(3) The name of the business or the establishment subject to the provisions of this chapter.
(4) The name, business and home address and business or home phone numbers of all owners of the business or establishment subject to the provisions of this chapter.
(5) The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this chapter.
(6) The date of the initiation of the adult use.
(7) The exact nature of the adult use.
(8) If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
C. If there occurs any change in the information required for the certificate of registration, the Town Clerk shall be notified of such change and a new or amended certificate filed within 30 days of such change.
D. The processing fee for each certificate of registration or amendment thereto shall be $1,000. Such certificate of registration shall be effective concurrently with the special use permit issued annually as provided in § 29-8, and the processing fee provided in this section shall be an annual charge.
E. No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration.
F. The owner, manager or agent of any adult use shall cause a copy of the certificate or registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
G. Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.
H. It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.
§ 29-8. Special use permit.
A. No use as described in this chapter shall be established until the issuance of an annual special use permit by the Zoning Board of Appeals. Application for such a special use permit shall be in conformity with this chapter and as provided for herein. The application shall be, in writing, to the Zoning Board of Appeals and shall consist of a description of the premises for which the permit is sought, a plain and concise statement of the use which is proposed and such additional information as shall be required by the Zoning Board of Appeals. The Zoning Board of Appeals shall call a public hearing for the purpose of considering the request for each and every special use permit. At least 10 days’ notice of the time and place of the public hearing shall be given by the publication of a notice in a newspaper of general circulation in the Town of Kirkland, indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.
B. A special use permit issued under the provisions of this section shall not be transferable.
§ 29-9. Penalties for offenses.
Any person, firm or corporation with a substantial connection to a business involving an adult use violating any of the provisions of this chapter shall be subject to one or more of the following: imprisonment in the county jailor in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days, to become effective on the effective date of this chapter. Every day which the violation exists after the date of the initial citation shall constitute a separate violation.
§ 32-1. Purpose.
The purpose of this chapter is to protect and promote the public health, safety and general welfare by eliminating avoidable false fire and burglar alarms and thereby ensuring that fire and police facilities and personnel will be available for actual emergencies. False alarms unnecessarily drain resources and require emergency responses which contribute to increased accident rates and which delay responses to real emergencies.
§ 32-2. Statutory authority.
The adoption of this chapter is made pursuant to § 10 of the Municipal Home Rule Law, and § 130(15) of the Town Law of the State of New York. This chapter shall be Chapter 7 of the Code of the Town of Kirkland Code.’
§ 32-3. Applicability.
This chapter applies to all installed fire and burglar alarms which are directly connected to a police or fire agency or to a private agency which, in turn, makes a connection to a police or fire agency or to no agency but merely sounds an alarm on the premises, each installed alarm having the purpose of notifying police and/or fire agencies or others that an emergency exists at the site of such installed alarm requiring an immediate response from a police or fire agency.
§ 32-4. Definitions.
As used in this chapter, the following terms shall have the following meanings:
FALSE ALARM – Any alarm reported or received by a local police or fire agency from an installed alarm which is caused by improper installation of the system, by a mechanical failure or malfunction of the system or is due to negligence on the part of the owner, user, custodian or other person responsible for the installed alarm. A false alarm does not include an alarm activated by a natural phenomenon such as a tornado, earthquake, or the like, or by acts of third parties which are beyond control of the person responsible for the installed alarm.
INSTALLED ALARM – Any mechanical or electrical device installed in a building or on premises for the purpose of automatically notifying, directly or indirectly, police and/or fire agencies or sounding an alarm when a break-in or fire occurs and used for the purpose of summoning help from police or fire agencies.
§ 32-5. Permits and fees.
A. Effective immediately, a permit is required for the installation and/or operation of any installed alarm which serves to alert, either directly or indirectly, the Police and/or Fire Department. Permits for those installed alarms which are now in operation must be obtained within 90 days of the effective date of this chapter.
B. There will be no cost to the applicant for a permit. Permits will be issued by the Village Clerk upon completion of an application providing the following information:
(1) Date of application.
(2) Type of alarm.
(3) Name, address and telephone number of the person responsible for the alarm.
(4) Address and extent of premises protected by the alarm.
(5) Location of the alarm device enunciator panel(s).
(6) Offices or agencies notified by the alarm.
(7) Names, addresses and telephone numbers of persons to be contacted in the event of an alarm, any time of the day or night, and who will respond to the alarm and are authorized by the alarm user to enter the premises.
(8) Other information required by the Clerk.
C. Applications received by the Village and/or Town Clerk shall be deemed confidential and shall not be disclosed except as provided by law.
§ 32-6. Penalties for offenses.
Any person or corporation, whether as owner or lessee, agent or employee, which shall violate any provisions of this chapter or which fails to comply with any order or regulation made hereunder shall be guilty of an offense and, upon the conviction, shall be punished in the manner following:
A. Any person who violates this chapter hereof relating to the failure to obtain a permit for the installation and/or operation of an installed alarm shall be deemed guilty of a violation and, upon conviction thereof, the violation shall be punishable by a fme of not less than $100 and not more than $ 250.
B. The property owner or lessee of property to which an emergency agency responds as a result of false alarm shall be deemed guilty of a violation and upon conviction thereof shall be punishable by a fine based upon the number of offenses occurring within 12 months from the first offense, as follows:
Offense
Penalty/Fine
First
Verbal warning
Second
Written warning
Third
$50
Fourth
$100
Fifth and each subsequent
$250
C. The intentional transmission of a false alarm shall further be punishable under the provisions of the Penal Law of the State of New York. Each violation shall constitute a separate additional violation and shall be subject to a separate and additional fine and/or penalty. For the purpose of conferring jurisdiction upon any court, including but not limited to the Town Court of the Town of Kirkland and the respective judicial officers generally, such violations shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
§ 32-7. Severability.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the chapter or the application thereof to other persons or circumstances, and the Town Board of the Town of Kirkland hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.
§ 32-8. Repealer.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed.
§ 32-9. When effective.
This chapter shall take effect immediately upon filing in the office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
§ 36-1. Authorization of conduct of games.
Pursuant to Subdivision 2 of Section 9 of Article 1 of the State Constitution, it shall be lawful for any authorized organization, as defined in § 476 of Article 14-H of the General Municipal Law, upon obtaining the required license, to conduct bingo games within the territorial limits of the Town of Kirkland on any day of the week, subject to the provisions of this chapter, Article 14-H of the General Municipal Law, Article 19-B of the Executive Law, the rules and regulations of the State Bingo Control Commission and the following restrictions.
§ 36-2. Restrictions; penalties for offenses.
A. No person, firm, association, corporation or organization other than a licensee under the provisions of Article 14-H of the General Municipal Law shall conduct such game or shall lease or otherwise make available for conducting bingo a hall or other premises for any consideration whatsoever, direct or indirect.
B. No bingo games shall be held, operated or conducted on or within any leased premises if rental under such lease is to be paid, wholly or partly, on the basis of a percentage of the receipts or net profits derived from the operation of such game.
C. No authorized organization licensed under the provisions of Article 14-H of the General Municipal Law shall purchase or receive any supplies or equipment specifically designed or adapted for use in the conduct of bingo games from other than a supplier licensed under the Bingo Control Law or from another authorized organization.
D. The entire net proceeds of any game of bingo and of any rental shall be exclusively devoted to the lawful purposes of the organization permitted to conduct the same.
E. No prize shall exceed the sum or value of $250 in any single game of bingo.
F. No series of prizes on anyone bingo occasion shall aggregate more than $1,000.
G. No person except a bona fide member of any such organization shall participate in the management or operation of such .game.
H. No person shall receive any renumeration for participating in the management or operation of any game of bingo.
I. The unauthorized conduct of a bingo game and any willful violation of any provision of this chapter shall constitute and be punishable as a misdemeanor.
J. Limited-period bingo shall be conducted in accordance with the provisions of Article 14- H and the rules and regulations of the Commission.
§ 36-3. Referendum.
This chapter shall not become operative or effective unless and until it shall have been submitted at a general or special election and approved by a vote of the majority of the qualified electors of the Town of Kirkland voting on a proposition, which proposition shall state:
“Shall Ordinance No. 1-1971, adopted by the Town Board of the Town of Kirkland on the 26th day of July 1971, which authorizes the conduct of bingo games within the Town of Kirkland, be approved?”
and which proposition shall be submitted at a general election to be held on November 2, 1971, in accordance with the provisions of §§ 477, 478, 479 and 496 of the General Municipal law (§ 130 of the Town Law), the Election Law and other applicable provisions of law.
ARTICLE I Factory-Manufactured Homes [Adopted 6-5-1973]
§ 38-1. Authorization of issuance.
It is the determination of this Town Board that the Building Inspector of the Town of Kirkland is authorized to issue building permits for the erection of such factory-manufactured homes which have insignia of approval issued by the State Building Code Council, provided that, in addition thereto, such applications show to the satisfaction of said Building Inspector that the same comply with the requirements of Chapter 188, Zoning, of the Code of the Town of Kirkland as to lot size, floor area requirements, front, rear and side yard requirements; and with the Sanitary Code of the Town of Kirkland.
§ 40-1. Purpose.
Unsafe buildings pose a threat to life and property in the Town of Kirkland. Buildings and structures may become unsafe by reason of damage by fire, the elements, age or general deterioration. Vacant buildings not properly secure at doorways and windows also serve as an attractive nuisance for young children who may be injured therein, as well as a point of congregation by vagrants and transients. A dilapidated building may also serve as a place of rodent infestation, thereby creating a health menace to the community. It is the purpose of this chapter to provide for the safety, health protection and general welfare of persons and property in the Town of Kirkland by requiring that such unsafe buildings be repaired or demolished and removed.
§ 40-2. Statutory authority.
The adoption of this chapter is made pursuant to § 10 of the Municipal Home Rule Law, and § 130, Subdivision 16, of the Town Law of the State of New York.
§ 40-3. Title.
This chapter shall be known as the “Unsafe Buildings Law” of the Town of Kirkland.
§ 40-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING – Any building, structure or portion thereof used for residential, storage, business or industrial purpose.
BUILDING INSPECTOR – The Building Inspector of the Town of Kirkland or such other person appointed by the Town Board to enforce the provisions of this chapter.
TOWN – The Town of Kirkland.
§ 40-5. Investigation and report.
When in his own opinion or upon receipt of information that a building is or may become dangerous or unsafe to the general public; is open at the doorways and windows making it accessible to and an object of attraction to minors under 18 years of age, as well as to vagrants and other trespassers; is or may become a place of rodent infestation; presents any other danger to the health, safety, morals and general welfare of the public; or is unfit for the purposes for which it may lawfully be used, the Building Inspector shall cause or make an inspection thereof and report in writing to the Town Board of the Town of Kirkland his findings and recommendations in regard to its repair or demolition and removal.
§ 40-6. Town Board order.
The Town Board shall thereafter consider such report and by resolution determine, if in its opinion the report so warrants, that such building is unsafe and dangerous and order its repair if the same can be safely repaired or its demolition and removal, and further order that a notice be served upon the persons and in the manner provided herein.
§ 40-7. Notice; contents.
The notice shall contain the following:
A. A description of the premises.
B. A statement of the particulars in which the building is unsafe or dangerous.
C. An order outlining the manner in which the building is to be made safe and secure, or demolished and removed.
D. A statement that the securing or removal of such building shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter unless, for good cause shown, such time shall be extended.
E. A date, time and place for a hearing before the Town Board in relation to such dangerous or unsafe building, which hearing shall be scheduled not less than five business days from the date of service of the notice.
F. A statement that, in the event of neglect or refusal to comply with the order to secure or demolish and remove the building, the Town Board is authorized to provide for its demolition and removal, to assess all expenses thereof against the land on which it is located and to institute a special proceeding to collect the costs of demolition, including legal expenses.
§ 40-8. Service of notice. Said notice shall be served:
A. By personal service of a copy thereof upon the owner, executor, administrator, agent, lessee or any person having a vested or contingent interest in such unsafe building as shown by the records of the Receiver of Taxes (or Tax Collector) or of the County Clerk, or, if no such person can be reasonably found, by mailing such owner by registered mail a copy of such notice directed to his last known address as shown by the above records;
B. By personal service of a copy of such notice upon any adult person residing in or occupying said premises if such person can be reasonable found; and
C. By securely affixing a copy of such notice upon the unsafe building.
§ 40-9. Filing copy of notice.
A copy of the notice served as provided herein shall be filed in the office of the County Clerk of the County of Oneida.
§ 40-10. Refusal to comply.
In the event of the refusal or neglect of the person so notified to comply with said order of the Town Board and after the hearing, the Town Board shall provide for the demolition and removal of such building or structure either by Town employees or by contract. Except in an emergency as provided in § 40-12 hereof, any contract for demolition and removal of a building in excess of $20,000 shall be awarded through competitive bidding.
§ 40-11. Assessment of expenses.
All expenses incurred by the Town in connection with the proceedings to repair and secure or demolish and remove the unsafe building, including the cost of actual removing such building, and all reasonable and necessary legal expenses incidental thereto shall, at the option of the Town Board, either:
A. Be assessed against the land on which such building is located and shall be levied and collected in the same manner as provided in Article 9, § 130, Subdivision 16g, of the Town Law for the levy and collection of a special ad valorem levy; or
B. Be collected by commencement of a special proceeding against the owner of said unsafe or dangerous building or structure pursuant to General Municipal Law § 78-b.
§ 40-12. Emergency cases.
Where it reasonably appears that there is present a clear and imminent danger to life, safety or health of any person or property unless an unsafe building is immediately repaired and secured or demolished, the Town Board may by resolution authorize the Building Inspector to immediately cause the repair or demolition of such unsafe building. The expenses of such repair or demolition shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 40-11 hereof.
ARTICLE I
Special Improvements [Adopted 10-9-1989]
§ 43-1. Approval required; conditions.
No person or entity shall tap into or use any water, sewage, drainage or any other special improvement in a special district within the Town of Kirkland without the prior consent of the Town Board. As a condition precedent to approval, the intended user shall first reimburse the contractor/developer the user’s beneficial assessment for his pro rata share of the contractor/developer’s actual construction costs of the capital improvement. This article shall affect all existing as well as future special districts.
§ 43-2. Purpose.
The specific objectives or purposes of this article are to:
A. Assure adequate service of the particular capital improvement to the users intended to be serviced thereby.
B. Provide some assistance to contractors and developers of special capital improvements within the Town of Kirkland for their just and equitable reimbursement on a pro rata basis from all users of the capital improvement, including those outside the original district in which the capital improvement is located.
C.Assure a specific community within the Town of Kirkland intended to be benefited by the particular capital improvement(s) that said improvement(s) will be sufficient to meet the community’s needs based upon the information given to the Town prior to approval and specifically based upon the number of intended users of the specific capital improvement( s).
§ 43-3. Beneficial assessment.
A “beneficial assessment” to be paid by the user shall be defined as the user’s pro rata share of the actual construction cost within a special district. By way of example, if there are a total of 20 approved lots within a special district, the beneficial assessment for each lot owner is 5% of the total actual construction cost of the capital improvement(s).
§ 44-1. Purpose.
The purpose of this chapter is to preserve the public peace and good order and to prevent disorderly conduct with the intent to cause a public inconvenience, annoyance or alarm or recklessly create a risk of disorderly conduct.
§ 44-2. Statutory authority.
The adoption of this chapter is made pursuant to § 10 of the Municipal Home Rule Law and § 130, Subdivision 11, of the Town Law of the State of New York. This chapter to be Chapter 44 of the Code of the Town of Kirkland Code thereto.
§ 44-3. Disorderly conduct prohibited.
A. A person is guilty of disorderly conduct when, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof:
(1) He engages in fighting or in violent, tumultuous or threatening behavior; or
(2) He makes unreasonable noise; or
(3) In a public place, he uses abusive or obscene language or makes an obscene gesture; or
(4) Without lawful authority, he disturbs any lawful assembly or meeting of persons; or
(5) He obstructs vehicular or pedestrian traffic; or
(6) He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or
(7) He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose.
B. Disorderly conduct is a violation.
§ 44-4. Penalties for offenses.
A. Any person or corporation, whether as owner or lessee, agent or employee which shall violate any provisions of this chapter or which fails to comply with any order or regulation made hereunder shall be guilty of an offense and, upon the conviction, shall be punished by a fine not exceeding $250 or imprisonment not exceeding six months, or both, in accordance with the provisions of Article 9 of the Town Law and any amendments thereto and any other statutes relating thereto.
B. Each violation shall constitute a separate additional violation and shall be subject to a separate and additional fine and/or penalty. For the purpose of conferring jurisdiction upon any court, including but not limited to the Town Court of the Town of Kirkland and the respective judicial officers generally, such violation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
ARTICLE I
Licensing and Control
[Adopted 8-8-2011 by L.L. No. 2-2011 ]
§ 45-1. Purpose.
The Town Board of the Town of Kirkland finds that barking, biting, jumping and other uncontrolled behavior of licensed and unlicensed dogs has caused physical harm to persons, damage to property and created nuisances within the Town. The purpose of this article is to protect the health, safety and well-being of persons and property by imposing restrictions on the keeping of dogs within the Town of Kirkland and providing for the licensing and identification of dogs, the cost of which shall be borne by those who own and harbor dogs in said Town.
§ 45-2. Legislative authority.
This article is enacted pursuant to the provisions of New York State Agriculture and Markets Law Article 7, the provisions of Chapter 59, Part T of the Laws of 2010 and the Municipal Home Rule Law of the State of New York.
§ 45-3. Title.
The title of this article shall be “Dog Licensing and Control Law.”
§ 45-4. Definitions.
As used in this article, the following words shall have the following respective meanings:
AGRICULTURE AND MARKETS LAW – The Agriculture and Markets Law of the State of New York in effect as of the effective date of this article, as amended by this article, and as amended thereafter.
CONFINED – That such animal is securely confined or restrained and kept on the owner’s premises, either within a building, kennel or other suitable enclosure or securely fastened on a chain, wire, or other effective tether of such length and so arranged that the animal cannot reach or endanger any person or any adjacent premises on any public street, way or place, or, if the animal is being transported by the owner, that it is securely confined in a crate, or other container, or so restrained in a vehicle that it cannot be expected to escape therefrom.
DANGEROUS DOG – The term “dangerous dog” shall mean a dog that harasses, chases, molests, bites, exhibits aggression towards or constitutes a physical threat or reasonably perceived physical threat toward a person or other domestic animal while not on the property of its owner or guardian.
DOG – Male and female, licensed and unlicensed members of the species Canis familiaris.
DOG CONTROL OFFICER – Any person authorized by the Oneida County Legislature or the Town Board of the Town of Kirkland from time to time to enforce the provisions of this article or the provisions of the Agriculture and Markets Law as the Dog Control Officer or Animal Control Officer.
HARBOR – To provide food or shelter to any dog.
IDENTIFICATION TAG – A tag issued by the Town Clerk which sets forth the identification number, together with the name of the Town and state, the telephone number of the Town Clerk and any other information deemed necessary by the Town Clerk.
NUISANCE – To cause damage or destruction to property or upon the person, or premises of a person other than the owner or person harboring such dog, or to uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog.
OWNER – The party purchasing the license unless the dog is or has been lost, and such loss reported to the Dog Control Officer and reasonable search has been made. If an animal is not licensed, the term “owner” shall designate and cover any person or persons, firm, association or corporation, who or which at any time owns or has custody or control of, harbors, or is otherwise responsible for any animal which is kept, brought or comes within the Town. Any person owning or harboring a dog for a period of one week prior to the filing of any complaint charging a violation of this article shall be held and deemed to be the owner of such dog for the purpose of the chapter. In the event any dog found to be in violation of this article shall be owned by a minor, the head of the household in which said minor resides shall be deemed to have custody and control of said dog and shall be responsible for any acts of said dog and violation of this article.
RUN AT LARGE – To be in a public place or on private land without the knowledge, consent and approval of the owner of such lands.
TOWN OF KIRKLAND – The area within the corporate limits of the Town of Kirkland, excluding the corporate limits of the Village of Clinton.
§ 45-5. Prohibited acts.
A. It shall be unlawful for any owner of, or any person harboring, any dog in the Town of Kirkland to permit or allow such dog to:
(1) Engage in habitual loud howling, barking, crying or whining or conduct itself in such a manner so as to reasonably and habitually disturb the comfort or repose of any person other than the owner of such dog, or which disturbs the peace by barking, howling or making other loud noises to the annoyance and discomfort of any person in the Town of Kirkland.
(2) Cause damage or destruction to property, or publicly or private deposit waste or fecal matter, or commit a nuisance upon the premises of a person other than the owner or person harboring such dog, or to uproot, dig, or otherwise damage any vegetables, lawns, flowers, garden beds, or other property not belonging to the owner of such dog.
(3) Chase or otherwise harass any person in such a manner as to reasonably cause intimidation or to put such person in reasonable apprehension of bodily harm or injury, upon the premises of a person other than the owner or person harboring such dog, or to jump upon or at or otherwise harass any person in such a manner as to reasonably cause intimidation or fear or to put such person in reasonable apprehension of bodily harm or injury.
(4) If a female dog, be off the owner’s premises when in heat.
(5) Run at large unless said dog is restrained by an adequate collar and leash. For purposes of this article, a dog or dogs hunting in company with a hunter or hunters shall be considered under the control of the hunter(s), and no leash shall be required.
B. Establishment of the fact or facts that a dog has committed any of the acts prohibited by § 45-5 of this article shall be presumptive evidence against the owner or harborer of such dog that he has failed to properly confine or control his dog.
§ 45-6. Uniform appearance ticket and simplified imformation.
Any Dog Control Officer or peace officer, when acting pursuant to his special duties, may issue and serve any process, a uniform appearance ticket, and a uniform appearance ticket and simplified information for such violation, or a police officer in the employ of or under contract to the Town of Kirkland, observing a violation of this article in his presence, shall issue and serve a uniform appearance ticket and a uniform appearance ticket and simplified information for such violation.
§ 45-7. Complaint of violation.
Any person who observes a dog in violation of this article may file a signed complaint, under oath, with the Town of Kirkland Dog Control Officer or the Town of Kirkland Police, or a Justice of the Town of Kirkland, specifying the nature of the violation, the date thereof, a description of the dog and the name and residence, if known, of the owner or other person harboring the dog.
§ 45-8. Summons and hearing.
A. Upon receipt by the Town Justice of any such complaint, he shall summon the alleged owner to appear in person before him for a hearing, at which both the complainant and owner shall have an opportunity to be represented by counsel and to present evidence. If the summons is disregarded, the Justice may permit the filing of information and issue a warrant for the arrest of such person.
B. If, after such hearing, the Town Justice decides that further action is warranted, he may order:
(1) The dog to be declared a vicious or dangerous dog to be restrained by collar and leash at all times whether on or off the owner’s property.
(2) The dog to be confined to the premises of the owner.
(3) Such other remedy as may be warranted by the circumstances in such case.
C. A violation of any order issued by a Town Justice under the provisions of this section shall be an offense punishable, upon conviction thereof, as provided in § 45-10 of this article.
§ 45-9. License required; fees; exemptions.
All dogs harbored within the Town of Kirkland, which are over the age of four months, and which are not residing at a pound, or shelter maintained under contract with the Town, or at a duly licensed and incorporated humane shelter, dog protective association or SPCA, or otherwise exempted, must be licensed by the Town of Kirkland on annual basis, licensing fees and surcharges to be set forth herein and amended as the Town Board sees fit, and a record of such licensure shall be maintained with the Town Clerk.’
A. Rabies vaccination required. All dogs in the Town of Kirkland, which are over the age of four months, must maintain current rabies vaccinations or provide a statement from a licensed veterinarian that such vaccination would endanger the dog’s life, in which case vaccination will not be required. A current certificate of rabies vaccination must be presented at the time of initial licensing and for license renewal. Under no circumstances will a dog be granted a license without a current rabies vaccination certificate.
B. Duration. Dog licenses shall remain valid for a period of one year, expiring upon the last day of the 12th month of the license period. However, under no circumstances shall a license remain valid beyond the last day of the 11th month following the expiration of a current rabies certificate. Should a licensed dog’s rabies vaccination expire while its issued license is current, said vaccination must be brought up-to-date within five business days of its due date. If same is not renewed, the license shall automatically expire and must be renewed with the Town Clerk upon proof of current rabies vaccination. Licenses are not transferable and must be reapplied for with the change of dog ownership.
C. Renewal periods. The Town shall not establish common renewal dates for dog licensing and will review, grant and renew such licenses on a rolling basis upon application for I icense or license renewal by an owner.
D. Tag contents. Each tag shall identify the tag number, Town of Kirkland, State of New York, and a contact phone number for the Town licensing authority.
E. Tag replacement. If a tag is lost or stolen, the dog’s owner(s) must report it to the licensing authority as soon as possible. Replacement tags shall be issued at a replacement cost of $5 per tag.
F. Fees. A nonrefundable licensing fee, to be utilized in the funding and administration of dog control in the Town of Kirkland, shall be paid for each licensing term, regardless of whether such term shall terminate or expire prematurely, to the Town of Kirkland as follows:
(1) For each spayed and neutered dog: $ 8, which includes the statutory one-dollar-per-year surcharge for the purpose of carrying out animal population control.
(2) For each unspayed and unneutered dog: $18, which includes the statutory three-dollar-per-year surcharge for the purpose of carrying out animal population control.
(3) A purebred license will be issued to the owner of one or more purebred dogs registered by a recognized state or national registry and/or association. No separate purebred tag will be issued. For purebred licenses, the fees shall apply as follows:
(a) One to 10 dogs: $35, plus $1 for each spayed or neutered dog and $3 for each unspayed or unneutered dog for the purpose of carrying out animal population control, pursuant to Agriculture and Markets Law § 110(3).
(b) Eleven to 25 dogs: $60, plus $1 for each spayed or neutered dog and $3 for each unspayed or unneutered dog, for the purpose of carrying out animal population control, pursuant to Agriculture and Markets Law § 110(3).
(c) Twenty-six or more dogs: $75, plus $1 for each spayed or neutered dog and $3 for each unspayed or unneutered dog for the purpose of carrying out animal population control, pursuant to Agriculture and Markets Law § 110(3).
(4) Enumeration fees of $10 may be assessed, in addition to licensing fees, to any dog being found to be unlicensed or for which a prior license has expired and renewal has not been applied for at the time enumeration is conducted. The Town Board shall determine when there is a need for a dog enumeration.
(5) Service, guide, hearing, therapy and/or detection dogs as defined in Article 7 of the New York State Agriculture and Markets Law shall be licensed, but shall be exempt from any local licensing fee upon proof by the owner of the dog’s status as such.
G. Fee modification. The Town of Kirkland may and is hereby authorized to, by resolution of the Town Board and without formal amendment hereto or further adoption of local ordinance or the need for a public hearing, establish, modify, or disband with a schedule of dog licensing fees, enumeration fees, late fees, and tag replacement fees, within the restrictions of and pursuant to the requirements of New York State Agriculture and Markets Law Article 7, as the Board may seem fit from time to time.
H. Restrictions. The Town of Kirkland does not allow for the licensing of dogs by a shelter. All adoptive dog owners must apply for licenses with the Town Clerk. Shelters must instruct all adoptive owners to apply for licenses at the Town Clerk’s office of the municipality in which they will harbor the adoptive dog.
I. Applications. Dog licenses must be purchased, in person, at the Kirkland Town Clerk’s office upon submission of a completed application, certificate of current rabies vaccination, and veterinary certificate of spay or neuter, if applicable. The Town Clerk will mail renewal applications to all owners one month prior to the expiration of the license. The renewal may be hand delivered or mailed to the Town Clerk for processing, enclosing all appropriate fees. Dog owners are responsible for renewal of dog licenses, and failure to receive a renewal application from the Town will not exempt an owner from this responsibility. If a renewal application is not timely received, an owner must report the oversight to the Town Clerk, verify that the owner’s address and contact information are correctly filed with the Town Clerk and request the renewal application in person, by telephone, or by written or electronic correspondence.
J. Exemptions. Any dog harbored within the Town of Kirkland, which is owned by residents of a city with a population of two million or more, such city resident being exempt from the licensing requirements established by state law, or a nonresident of the state of New York, but which dog is duly licensed in such state of the owner’s residence, shall, for a period of 30 calendar days be exempt from the licensing and identification provisions of this article. Further, dogs confined to a public or private veterinary or animal hospital, or for the purposes of research, shall be exempt from licensing requirements.
K. Provisions herein shall be clarified and supplemented by New York Agriculture and Markets Law § 109.
§ 45-10. Penalties for offenses.
A. Violations.
(1) It shall be a violation pursuant to Agriculture and Markets Law § 118 for any owner of any dog in the Town of Kirkland to:
(a) Permit his or her dog to be unlicensed, bear no identification, false identification or the identification of another dog.
(b) Provide misleading information to the Town in relation to the requirements under the Dog Licensing and Control Law.
(c) Fail to exercise due diligence in the handling or control of his or her dog if such failure results in harm or damage to another person or property.
(d) Fail to notify the Town of any change in ownership or address of a licensed dog, or to notify that such dog should be missing or stolen, as provided for in Agriculture and Markets Law § 112.
(e) Permit such dog to engage in habitual loud barking, howling, crying, whimpering or whining or such other conduct so as to unreasonably and habitually annoy or disturb the comfort or repose of any person other than the owner of such dog.
(f) Permit such dog to cause damage or destruction to any property, including uprooting, digging or otherwise damaging the vegetables, lawns, flowers, garden beds, or other property of another without the consent or approval of same.
(g) Permit such dog to commit a nuisance by defecating or urinating upon the property of a person other than the owner of the dog.
(h) Permit such dog to chase, jump at or upon, or otherwise harass any person in such a manner as to cause reasonable intimidation or fear of such dog, or to put a person in reasonable apprehension of bodily harm or injury.
(i) Keep or suffer to be kept a dog which has attacked any person peaceably conducting himself in any place where such person may lawfully be, or which has attacked, chased, worried or killed any domestic animal, as defined in the Agriculture and Markets Law, or any cat or other dog, while such animal is in any place where it lawfully may be.
(j) Permit a dog to habitually chase, run alongside of, or bark at motor vehicles, motorcycles, or bicycles while on a public street, highway, or place, or upon private property without the consent of the owner of such property.
(k) Permit a female dog while in heat to be off the owner’s premises, leashed or unleashed.
(2) Quarantine for the protection of deer will be enacted by the Town Board of the town of Kirkland when certain environmental conditions are met and pursuant to Agriculture and Markets Law § 120. The Town will publish in the official newspaper the starting and ending dates of such quarantine. Any dog found chasing or worrying deer during the quarantine can be seized pursuant to seizure procedures as set forth in § 45-14 herein. A dog which attacks a deer at any time shall be in violation of this section and shall be subject to fines as set forth herein.
B. Penalties for violations.
(1) A person found guilty of a violation of this section may incur a civil penalty of not less than $25 for a first offense, and no less than $50 where a subsequent offense is committed within three years, and no less than $100 where two or more previous offenses have been committed within the preceding three years; and as further set forth in the Agriculture and Markets Law § 118, and as may be amended pursuant to the authority by the Town by Agriculture and Markets Law § 122.
(2) A dog found guilty of an attack on deer, at any time, which results in the death or crippling of a deer, will result in a civil penalty of $100 for the first deer, $150 for each additional deer, or as otherwise provided in Agriculture and Markets Law § 120.
C. Penalties for negligent owners of dangerous dogs. An owner of a dog adjudicated to be a dangerous dog pursuant to Agriculture and Markets Law § 123 shall be subject to the penalties as provided for therein, including criminal sanctions for offenses deemed misdemeanors.
§ 45-11. Dog Control Officer.
The Town Board shall appoint and maintain a Dog Control Officer for the Town of Kirkland to enforce this article. Such Dog Control Officer, or any peace officer, observing a violation of this article in his or her presence shall issue and serve an appearance ticket for such violation. A record of each incident shall be kept for a minimum of three years from the creation of such record.
§ 45-12. Transport to pound or shelter.
Every dog seized by the Dog Control Officer shall be transported to a contracted pound or shelter. Said pound or shelter shall be bound by the regulations and restrictions set forth herein, particularly the impounding and redemption rules of §§ 45-14 and 45-15, and as provided under Article 7 of the Agriculture and Markets Law, specifically § 117, and must maintain, sell, adopt and/or euthanize all dogs.
§ 45-13. Enforcement.
This article shall be enforced by the Dog Control Officer appointed by the Town Board or any peace or police officer in the employ or acting under contract with the Town of Kirkland. Such enforcing party may investigate and make applicable reports concerning any instance regarding the conduct of dogs and shall have the authority to issue appearance tickets and see that resulting orders of the Town Justices of the Town of Kirkland are carried out.
§ 45-14. Seizure and impounding.
The Dog Control Officer or any peace or police officer employed by or under contract with the Town of Kirkland may seize any dog which he or she observes in violation of any provision of § 45-13, pursuant to Agriculture and Markets Law Article 7, § 117. Any dog seized shall be fed, watered and properly cared for. Pursuant to Article 7, § 117(10), the seizure of any dog shall not relieve any person from penalty for any violation of this article. No liability in damages or otherwise shall be incurred or maintained against the Town of Kirkland, any Dog Control Officer or peace officer acting pursuant to his duties on account of the seizure, euthanasia or adoption of any dog pursuant to the provisions of this article.
§ 45-15. Redemption procedures; impoundment; fees and/or fines.
A. Any dog found in violation of the provisions of § 45-5 of this article may be seized pursuant to provisions of § 118 of the Agriculture and Markets Law. Every seized dog shall be properly cared for, sheltered and watered for the redemption periods set forth in § 118 of the Agriculture and Markets Law.
B. Procedure.
(1) The owner of any unidentified dog, whether or not licensed, seized by the Town of Kirkland shall be entitled to redeem such dog within five business days from the day following the day the dog is impounded, upon submission of proof that such dog is duly licensed and identified (i.e., has a current rabies certificate and ID tags) and upon payment of the requisite fees set forth herein.
(2) Upon the seizure of any identified or identifiable dog, the owner of record of such dog shall promptly be notified, in person or by certified mail, return receipt requested, of the facts of the seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of seven days after the day of notice. If such notification is made by mail, such dog shall be held for a period of nine days from the date of mailing. In either case, the owner may redeem such dog upon submission of proof that such dog is duly licensed and identified (i.e., has a current rabies certificate and ID tags) and upon payment of the requisite fees set forth herein, including a statutory animal population control fee.
(3) Seizure of any dog whose owner is not a resident of the State of New York or who is the resident of a New York city with a population of two million or more shall be governed pursuant to Agriculture and Markets Law § 117(9).
C. Impoundment (seizure) fees. The owner of record of a dog or dogs that have been seized within a twelve-month period in violation of the Agriculture and Markets Law and this article shall be liable for payment of the following impoundment (seizure) fees to the Town Clerk:
(1) First impoundment: $15.
(2) Second impoundment: $25.
(3) Third impoundment: $35. (4) Fourth impoundment: $45.
D. Redemption (room and board) fees for impounded dogs. The Town Board does hereby establish a room and board fee of $20 per day, or portion thereof, for all dogs impounded within said Town and sheltered either in the Town or through contract with an agency outside the Town. The Town shall retain $5 per day, or portion thereof, for each dog impounded; the balance shall be paid to the shelter agency. The room and board fees shall be periodically reviewed by the Town Board and changed by a resolution of said Board, if deemed necessary, and incorporated in the annual contract with a shelter agency.
E. Forfeiture, adoption and euthanasia. An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption, euthanized or transferred to another licensed pound or shelter pursuant to Agriculture and Markets Law § § 117(7), 117(7 -a) and 118. The Town of Kirkland shall require all dogs adopted pursuant hereto to be spayed or neutered.
§ 45-16. Severability.
Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provisions shall be deemed or declared invalid, all other provisions hereof shall remain valid and enforceable.
§ 45-17. Repealer, partial invalidity; severability.
This article shall supersede all prior local laws, ordinances, rules and regulations relative to the control of dogs within the Town, and they shall be, upon the effectiveness of this article, null and void. If any part or provision of this article or the application thereof to any person or circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons or circumstances, and the Town Board of the Town of Kirkland hereby declares that it would have passed this article or the remainder thereof had such invalid application or invalid provision been apparent.
§ 45-18. Effective date.
This article shall take effect as of August 9, 2011, subject to this article being filed with the Secretary of State.
ARTICLE I
Drug-Free School Zones [Adopted 11-4-1993 by L.L. No. 4-1993]
§ 47-1. Purpose.
The purpose of this article is to establish a Drug-Free School Zone pursuant to the Laws of the State of New York 1986, Chapter 280, enacted in 1986 (now § 220 et seq. of the Penal Law), and authorizing the adoption and approval of a map depicting the location and boundaries of Drug-Free School Zones within the Town of Kirkland.
§ 47-2. Statutory authority.
The adoption of this article is made pursuant to the Laws of the State of New York 1986, Chapter 280, enacted in 1986 (now § 220 et seq. of the Penal Law), a provision in the state’s criminal law, creating a felony drug offense for the criminal sale of a controlled substance to a person less than 19 years of age in or on the property of an elementary or high school of within 1,000 feet of the school’s boundary lines.
§ 47-3. Official map.
A. In accordance with and pursuant to the authority of L. 1986, c. 280, § 6, the Drug-Free School Zone Map produced on or about October 25, 1993, by the Town of Kirkland Town Board, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
B. The Drug-Free School Zone Map approved and adopted pursuant to § 47-1 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and Drug-Free School Zones.
C. The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Town Board and the Town Attorney of the Town of Kirkland of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
D. The Town Clerk of the Town of Kirkland is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 47-1 of this article, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this article shall be provided without cost to the County Clerk and to this office of the Oneida County District Attorney.’
E. The following additional matters are hereby determined, declared, recited and stated:
(1) It is understood that the map and adopted pursuant to § 47-1 of this article was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state and that, pursuant to state law, such map shall constitute prima facie evidence of the following:
(a) The location of elementary and secondary schools within the municipality
(b) The boundaries of the real property which is owned by or leased to such schools or a school board.
(c) That such school property is and continues to be used for school purposes.
(d) The location and boundaries of areas which are on or within 1,000 feet of such school property.
(2) Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of November 1, 1986, that being the effective date of L. 1986, c. 280, § 6.
§ 47-4. Installation of signs.
Appropriate signs shall be posted at the Town limits of the Town of Kirkland to advise of the Drug-Free School Zones.
§ 48-1. Legislative intent.
By the adoption of this chapter, the Town Board of the Town of Kirkland declares its intent to be to regulate in a manner consistent with the interest of the citizens of the Town of Kirkland the dumping of garbage, rubbish, refuse and similar waste material on lands within the Town and to provide for the disposal thereof on established Town dumps. Garbage is a deleterious substance, and garbage dumps emit obnoxious odors and fumes. Unattended, private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke-oxidized garbage to be given off into the air which the community breathes. All of these conditions can adversely affect the development of the Town unless they are properly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well regulated procedure for the disposal of the garbage and rubbish, and in the exercise of its police power in these regards, the Town Board of the Town of Kirkland does hereby enact the following chapter.
§ 48-2. Applicability. [Amended 9-11-1989 by L.L. No. 1-1989]
This chapter shall apply to dumping upon all lands, public or private, within this Town.
§ 48-3. Dumping prohibited. [Amended 9-11-1989 by L.L. No. 1-1989]
No person shall use any of the lands within the Town of Kirkland as a dump or dumping grounds, nor shall any person throw, dump, deposit or place on such lands or cause to be thrown, dumped, deposited or placed on such lands any waste materials or waste substances such as bottles, cans, garbage, refuse, trash, rubbish, litter or any nauseous or offensive matter nor dispose or attempt to dispose of any such materials, substances or matter by burying the same on such lands or burning or incinerating the same on such lands.
§ 48-4. Penalties for offenses.
A. An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. [Amended 9-11-1989 by L.L. No. 1-1989]
B. In addition to the above provided penalties and punishment the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
§ 51-1. Purpose.
Since there is danger to life and property inherent in the use of electrical energy, this Electrical Ordinance is enacted to regulate the installation, alteration or repair of wiring for electric light, heat or power and signal systems operation on 50 volts or more, in or on all real property within the Town of Kirkland.
§ 51-2. Adoption of standards.
All electrical installations heretofore mentioned shall be made in conformity with the requirements of the National Electrical Code, except where the provisions of this chapter or any other local law, ordinance or Building Code of the Town of Kirkland shall differently prescribe, in which event compliance with the provisions of such local law, ordinance or Building Code shall be recognized as proper compliance with this chapter. The requirements of the National Electrical Code shall be those known as National Fire Protection Association Pamphlet No. 70, as approved and adopted by the American Standards Association.
§ 51-3. Designation of inspectors; responsibility for inspection costs.
The Chief Building Inspector and each of the duly appointed inspectors of the Town of Kirkland are hereby authorized and deputized as agents of the Town of Kirkland 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 and reinspections be a charge against the Town of Kirkland.
§ 51-4. Powers and duties of inspector.
A. 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 chapter, all violations of or deviations from or omissions of the electrical provisions of the National Electrical Code, and of all local laws, ordinances and the Building Code as referred to in this chapter, insofar as any of the same apply to electrical wiring.
B. The inspector shall make inspections and reinspect ions of electrical installations in and on properties in the Town of Kirkland upon the written request of an authorized official of the Town of Kirkland, or as herein provided.
C. The inspector is authorized to make inspections and reinspections of electrical wiring installations, devices, appliances and equipment, in and on properties within the Town of Kirkland where he deems it necessary for the protection of life and property.
D. 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 officer of the Town of Kirkland.
E. It shall be the duty of the inspector to furnish written reports to the proper officials of the Town of Kirkland and owners and/or lessees of property where defective electrical installations and equipment are found upon inspection.
F. He shall authorize the issuing of a certificate of compliance when electrical installations and equipment are in conformity with this chapter.
G. He shall direct that a copy of the certificate of compliance be sent to the Town of Kirkland, to the attention of the Building Inspector.
§ 51-5. Enumeration of offenses.
A. It shall be a violation of this chapter for any person, firm or corporation to install or cause to be installed, or to alter or repair electrical wiring for light, heat or power, in or on properties in the Town of Kirkland until an application for inspection has been filed with the inspector.
B. It shall be a violation of this chapter 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 a certificate of compliance by the inspector.
§ 51-6. Penalties for offenses. [Amended 9-11-1989 by L.L. No. 1-1989]
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
§ 51-7. Applicability.
A. The provisions of this chapter 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.
B. This chapter 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 its principal business.
C. It shall not apply to any building which is owned or leased in its entirety by the Government of the United States of America or the State of New York.
§ 51-8. Assumption of liability.
This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating, controlling or installing any electric 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 Kirkland or the inspector be deemed to have assumed any such liability by reason of any inspection made pursuant to this chapter.
§ 58-1. Purpose.
This chapter is enacted for the following purposes:
A. To adopt a Fire Prevention Code prescribing regulations governing conditions hazardous to life and property from fire or explosions.
B. To establish a Bureau of Fire Prevention and provide officers therefor and define their powers and duties.
§ 58-2. Administrative officials.
The Bureau of Fire Prevention shall be administered by the Fire Chiefs of Clinton, Clark Mills and Deansboro Fire Departments within the respective fire districts of the Town of Kirkland.
§ 58-3. Construal of provisions.
A. This chapter shall exclude single-unit dwellings, as defined, unless specific reference is made in this chapter.
B. Buildings, premises and structures as used in this chapter are as defined in § 58-4.
§ 58-4. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPROPRIATE – Especially suitable under the conditions of use.
BUILDING – A structure wholly or partially enclosed with exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property.
COMBUSTIBLE – Material or a combination of materials which will ignite, support combustion or liberate flammable gas when subjected to fire when tested in accordance with generally acceptable standards.
CORRIDOR – A passageway or hallway which provides a common way of travel to an exit or to another passageway leading to an exit.
DWELLING UNIT – One or more habitable rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living, sanitary and sleeping facilities.
A. SINGLE-UNIT DWELLINGS (GROUP A-I) – A building occupied exclusively for residence purposes and having:
(1) One dwelling unit;
(2) Two dwelling units; or
(3) Any dwelling with a total of not more than four boarders or roomers, served with meals or sleeping accommodations or both.
B. MUL TIPLE DWELLINGS (GROUP B-2):
(1) Buildings containing more than two dwelling units with four or more boarders or roomers.
(2) Buildings containing three or more dwelling units. (3) Apartment houses and apartment hotels.
(3) Lodging houses.
(4) Buildings with sleeping accommodations for five or more persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar use.
(5) Garden apartments.
C. MULTIPLE DWELLINGS (GROUP B-3) – Buildings for senior citizens, intended primarily for persons 62 years old or more, who are in good physical condition and do not require physical assistance.
D. MULTIPLE DWELLINGS (GROUP B-4) – Nursing homes.
E. BUSINESSES (GROUP B-5) – Buildings in which the primary or intended occupant or use is the transaction of administrative, business, civic or professional service. This group includes but is not limited to the following:
(1) Administrative buildings.
(2) Banks.
(3) Clinics.
(4) Libraries.
(5) Offices and office buildings.
(6) Professional buildings.
F. MERCANTILE (GROUP B-6) – Buildings in which the intended occupancy or use is the display and sale of public goods, wares and merchandise.
G. INDUSTRIAL (GROUP B-7) – Buildings which may be frequented by the public in which the primary or intended occupancy or use is repairing, cleaning, laundering, baking and similar operations. This group includes, but is not limited to, the following:
(1) Bakeries.
(2) Dry-cleaning plants.
(3) Laundries.
(4) Motor vehicle repair shops.
(5) Motor vehicle service stations.
H. INDUSTRIAL (GROUP B-8) – Buildings in which hazardous material are manufactured, processed, stored, handled or used. Such material shall include products with the following characteristics:
(6) Burn with extreme rapidity.
(7) Produce dust subject to explosion or spontaneous combustion. (3) Produce poisonous fumes or gases or explode.
I. STORAGE (GROUP B-9) – Buildings which may be frequented by the public in which the primary or intended occupancy or use is the storage of goods, merchandise, products or vehicles.
J. ASSEMBLY (GROUP B-10) – Buildings in which the primary or intended occupancy or use is the assembly for amusement, athletic, dining, educational, entertainment, recreational, religious, social, sports and similar purposes.
K. INSTITUTIONAL (GROUP B-ll) – Buildings in which the primary or intended use is for persons domiciled or detained under supervision. This group includes but is not limited to the following:
(1) Child-care institutions and centers.
(2) Hospitals and health-care facilities.
(3) Infirmaries.
EXIT – That portion of the way of departure from the interior of a building or structure to the exterior at the street, or grade level accessible to a street, consisting of:
A. Corridors, stairways and lobbies having a fire-resistance rating, including the door opening thereto from a habitable public or occupied space;
B. An interior stairway;
C. A horizontal exit;
D. A door to the exterior at grade; or
E. An exterior stairway or ramp.
FIRE ALARM SYSTEM – An installation of equipment for sounding a fire alarm.
FIRE- AND SMOKE-DETECTING SYSTEM – An installation of equipment which automatically activates a fire alarm when the detecting element is exposed to fire, smoke or abnormal rise in temperature.
FIRE LOAD – The combustible contents within a building during normal use.
FIRE-PROTECTION EQUIPMENT – Apparatus, assemblies or systems either portable or fixed, for use to prevent, detect, control, or extinguish fire.
FLAMMABLE – Capable of igniting within five seconds when exposed to flame and continuing to burn.
GENERALLY ACCEPTED STANDARD – A specification, code, rule, guide or procedure in the field of fire prevention, or related thereto, recognized and accepted as authoritative.
NONCOMBUSTIBLE – Material or a combination of materials which will not ignite, support, combust or liberate flammable gas when subjected to fire when tested in accordance with generally accepted standards.
PREMISES – A lot, plot or parcel of land including the buildings or structures thereon. SMOKE DETECTORS – Devices which are activated by smoke or products of combustion.
SPRINKLER SYSTEM – A system of piping and appurtenances designed and installed so that heat from a fire will automatically cause water to be discharged over the fire area to extinguish it or prevent its further spread.
STANDPIPE SYSTEM – An installation of piping and appurtenances whereby all parts of a building can be quickly reached with an effective stream of water.
VOLATILE – Capable of emitting flammable vapor at a temperature below 75° F. (23.9° C.).
§ 58-5. Duties of Fire Chiefs.
Duties of the Fire Chiefs shall be as follows:
A. Enforcement of the Fire Prevention Code.
B. Periodic inspection of all commercial, industrial, mercantile and storage establishments, all public buildings, all places of assembly and multiple residences.
C. Investigation of causes, origin and circumstances of fires.
D. Review all plans submitted to the Kirkland Planning Board of commercial, industrial, mercantile, storage establishments, all public buildings, all places of assembly, multiple residences, dwellings of more than two dwelling units having a party wall, such as condominiums and townhouses, professional occupancies, educational occupancies, such as public and private schools, nursery schools and day-care centers for the purpose of review of pre-fire planning.
E. Conducting of fire prevention campaigns and the preparation and circulation of fire prevention literature.
§ 58-6. Fire inspectors.
There shall be four inspectors for each fire district in the Town of Kirkland. One of the inspectors shall be the Fire Chief of that fire district, and the other three shall be members of the respective Fire Department, assigned by the Fire Chief, subject to the approval of the Town Board of the Town of Kirkland. The fire inspectors shall have the authority to make fire inspections and perform other fire prevention duties as set forth in the administration and enforcement of the Fire Prevention Ordinances and as may be conferred and imposed upon it from time to time by the Town Board.
§ 58-7. Bureau of Fire Prevention.
A. Establishment; membership. The Bureau of Fire Prevention is hereby established and shall include Fire Chiefs of the respective fire districts, or their designees, within the Town of Kirkland, and one member of the Town Board of the Town of Kirkland, to be annually appointed by the Town Supervisor.
B. Inspections. The Bureau of Fire Prevention is hereby empowered and authorized, at any reasonable time and as often as is necessary, to enter upon and into any premises, building and structure within the limits of the Town of Kirkland, except the interior of single-unit dwellings, upon 30 days written notice, for the purpose of examining and inspecting the same to ascertain the condition thereof with regard to the presence and arrangement of deposits of any articles, materials, substances, goods, wares or merchandise which may have a tendency to create danger in case of fire, on or in the same, or personal injury to or loss of life of the occupants or persons on or in such premises, building, or structure; also any violation of any ordinances of the Town of Kirkland affecting or dealing with fire hazards. Any person refusing to permit such entrance and inspection or who shall interfere with or hinder the same shall be guilty of a violation of this chapter. A report, in writing, shall be made in accordance with § 58-12 of this chapter.
§ 58-8. Removal of fire hazards.
The Fire Chiefs of the respective districts may order, in writing, the removal of such rubbish, debris, waste or flammable or combustible materials from such premises which the Fire Prevention Bureau determines to be a fire hazard or prevents reasonable access to the exits of such premises, buildings or structures in case of fire.
§ 58-9. Removal of dangerous conditions.
The Fire Chief of his respective district may order, in writing, the removal- or remedy of any dangerous conditions or materials, and such orders shall be complied with by the owner of the premises forthwith in the following conditions:
A. Any building, including Group A – type structures (single-family dwellings) or a structure which is in dangerous need of repair.
B. Any building or structure which has insufficient fire escapes.
C. Any building or structure which has inoperative automatic or other fire alarm apparatus.
D. Any building or structure which is especially liable to fire or is so situated as to endanger other property, or the occupants thereof.
E. Any building or structure which contains combustible or explosive matter or flammable conditions dangerous to the safety of any building, or occupants thereof
§ 58-10. Variances.
The Kirkland Zoning Board of Appeals shall have the power to grant variances from any provisions of the Fire Prevention Code, upon application in writing within 48 hours by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the chapter, provided that the spirit of the chapter shall be observed, public safety secured and substantial justice done. The particulars of such variances when granted or allowed and the decision of the Appeals Board shall be entered on the records of the Board, and signed copies shall be furnished to the applicant, the Fire Chief of the fire district, the Town Clerk and the Town Board.
§ 58-11. Service and compliance with orders and notices.
The orders provided in this chapter shall be directed to the owner, lessee or occupant of such premises, building or structure or to the owner or persons in control of the articles, materials, goods, wares or merchandise herein referred to, as the circumstance may require. The service of order or notice required in this chapter shall be made by mailing a registered copy thereof to the last known address of the owner of the premises in question, or his duly authorized agent, or by mailing or delivering a copy thereof to the owner, or occupant, or person in charge or by delivering a copy thereof to any person of suitable age and discretion in charge of the premises, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises. It is hereby made the duty of such owner or lessee or occupant of such premises, building or structure and of such person in control of such articles, materials, goods, wares and merchandise, or the owner thereof, to comply with such order or orders within the time and in the manner so directed.
§ 58-12. Frequency of inspections.
It shall be the duty of the Chiefs of the Fire Departments to inspect or cause to be inspected by the Fire Department officers or members, as often as necessary, but no less than once a year, portions of the Town, all buildings, premises and public thorough-fares, except the interiors of single-unit dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of any fire prevention ordinances or any intent of the ordinances or the Town affecting the fire hazard.
§ 58-13. Investigation of fires.
The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the Town by which property has been destroyed and damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of such fire, by the Chiefs of the Fire Department or the person designated by the Chief.
§ 58-14. Records.
The Chiefs of the Bureau of Fire Prevention shall sign, or cause to be signed, all notices and orders required to be issued from the Bureau and shall keep a record of same. He shall also keep, or cause to be kept, a proper record of all inspections, investigations or examinations and a summary of the violation or violations found to exist, if any, the date of the service of the order or notice, a memorandum of the final disposition of all violations found to exist, and a proper record of all other transactions of the Bureau.
§ 58-15. Liability.
In the event of a fire resulting directly or indirectly from any omission or neglect to comply properly with any written order of the Chiefs as provided in this chapter, any such owner, lessee, occupant or person culpable or negligent in respect thereto shall be liable to the Town of Kirkland for the payment of all costs and expenses of the Fire Departments incurred in and about the use of employees, apparatus and materials in the extinguishment of any fire resulting from such cause. The amount of such costs and expenses shall be fixed by the Town Board and shall be collected by it in a civil action wherein the Town of Kirkland shall be the plaintiff and the party culpable or negligent as above set forth shall be the defendant. When collected, such costs and expenses shall be paid into the Town treasury and credited to the general fund.
§ 58-16. Inspection of hazardous material storage areas required prior to issuance of permit.
Before a permit may be issued for the keeping, storage, use, manufacture, sale, handling, transportation or other disposal of highly flammable materials and rubbish, crude petroleum, or any of its products, gun- or blasting powder, dynamite or explosives of any kind, including fireworks, firecrackers and signaling explosives, the Chiefs of the divisions shall inspect, or cause to be inspected, and approve the receptacles, vehicles, buildings or storage places to be used for any such purpose.
§ 58-17. Fire-fighting and emergency-service access.
Buildings, structures and property shall be provided with unobstructed access for fire fighting and emergency service personnel, apparatus and equipment.
§ 58-18. Means of egress.
A. General requirements. Property subject to the applicability of this chapter shall be provided with a safe means of egress.
B. Obstructions.
(1) Exits shall be maintained to provide free and unobstructed egress from all parts of the building or structure when it is occupied. No barrier, lock or fastening to prevent free escape from any building or structure shall be installed, except in institutions where supervisory personnel are constantly on duty and effective provisions are made to remove occupants in case of fire or other emergency.
(2) Materials shall not be placed, stored or kept in stairways or corridors so as to obstruct or interfere with egress of persons from the building or structure.
(3) No aisle or passageway shall be obstructed so as to reduce its required width as an exit.
C. Exit lighting and exit signs for other than Group A-I occupancy classification.
(1) Interior and exterior exits shall be adequately lighted at all times when a building or structure is occupied.
(2) Exit signs shall be maintained in a clean and legible condition unobstructed by decorations, furnishings or equipment and illumination at all times when the building or structure is occupied.
(3) Directional signs shall be provided at locations in the public hall, passageway or corridor from which the exit doorway is readily discernible.
D. Elevator warning signs. In buildings provided with elevators, warning signs shall be provided and located at elevator landings advising occupants to use stairways during a fire emergency.
E. Openings in fire walls and fire separations. Doors and opening protectives in fire walls and fire separations shall be maintained in good working order, including all hardware necessary for proper operation. Heat-actuated self-closing devices shall be prohibited for exit doors. The use of doorstops, wedges or other nonautomatic hold-open devices is prohibited for openings in fire walls and fire separations.
F. Exterior egress.
(1) Exterior stairways, balconies, fire escapes, or landings shall be free of obstructions. (2) Fire escapes shall be maintained free of rust. Exterior stairways, fire escapes, and access to open space shall be maintained free of ice and snow.
(2) Portable ladders or window escape ladders shall not be permitted for use as a required exterior means of egress.
§ 58-19. General requirements of equipment and systems.
A. Heating, electrical, ventilating, air-conditioning, refrigerating, fire protection, elevators, escalators or other equipment and systems for use in structures and buildings shall be maintained so that under normal conditions of use such equipment and systems will not be a potential danger to the safety of occupants or a source of ignition.
B. Equipment and systems shall be capable of performing their functions satisfactorily without being forced to operate beyond their safe capacity.
§ 58-20. Heating systems.
A. General requirements.
(1) Heating equipment for buildings and structures shall be maintained so as to be safe to persons and property.
(2) Use of any stove, oven, furnace, incinerator, boiler or any other heat-producing device or appliance found to be defective or which creates an immediate fire hazard or imperils occupants shall be prohibited.
B. Prohibited locations for heat-producing equipment.
(1) Fuel-burning heat-producing equipment shall not be located in exits.
(2) Heating equipment burning solid or liquid fuel shall not be located in spaces used as classrooms, dormitories or places of assembly.
C. Air supply. Spaces containing fuel-burning equipment shall be provided with air supply for combustion and for ventilation of the enclosure.
D. Safety devices. Safety devices on heat-producing equipment and pressure vessels shall not be rendered in operable and shall be maintained in safe operating condition.
E. Chimneys, flues and gas vents.
(1) Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors shall be maintained so as not to create a fire hazard.
(2) Masonry chimneys which are cracked and which permit smoke or gas to be discharged into the building shall be repaired or replaced.
(3) Metal chimneys or vent connectors which leak or are improperly supported shall be repaired or replaced.
(4) An incinerator or a chimney which emits sparks shall be provided with a spark arrester of noncombustible construction. Spark arresters shall have sufficient total clear area to permit unrestricted passage of flue gases. Openings in spark arresters shall be of such size so as to prevent passage of embers and to minimize clogging by soot.
F. Incinerators and compactors.
(1) Service openings for incinerators and compactors shall be in a safe and operable condition to prevent the passage of smoke, flames or gases into the building space.
(2) Incinerator and compactor rooms shall be secured to prevent tampering by unauthorized persons.
(3) Incinerator ash compartments shall be maintained clean.
(4) Discharge of lighted, highly flammable, highly combustible or explosive materials into incinerator or compactor chutes is prohibited.
(5) Durable signs with plainly legible letters shall be conspicuously posted at service openings of incinerators and compactors, stating: THROWING LIGHTED MATCHES, CIGARS OR CIGARETTES, CARPET SWEEPINGS, NAPHTHALENE, CAMPHOR BALLS OR FLAKES, FLOOR SCRAPINGS, OIL-SOAKED RAGS, PAINT CANS, AEROSOL CONTAINERS OR ANY OTHER HIGHLY FLAMMABLE OR HIGHLY COMBUSTIBLE OR EXPLOSIVE SUBSTANCE INTO INCINERATOR OR COMPACTOR CHUTES IS UNLAWFUL AND SUBJECTS THE OFFENDER TO A PENALTY.
G. Portable heaters.
(1) Portable heating equipment using kerosene or other flammable liquids shall be permitted, provided that the same complies with applicable state laws and underwriters approval.
(2) Portable heaters shall be appropriately located with respect to combustible materials and maintained in proper operating condition.
(3) Portable heaters shall be equipped with automatic shutoff devices for safety purposes in the event of tip over.
H. Wood and coal-burning stoves. After effective date of this chapter, no device fueled by coal or wood and designed to provide heat or hot water shall be installed in any building, including Group A-I, unless a permit shall first have been obtained from the Fire Inspector, and no such device shall be operated unless a certificate of compliance with the requirements of this section shall first have been obtained from said Fire Inspector.
(1) All applications for permits shall be on a form provided by the Fire Inspector.
(2) The permit issued shall require installation of the device, and all chimneys and flues to be installed in connection therewith, pursuant to the standards recommended by the National Fire Protection Association. In addition, any such installation shall comply with the instructions of the manufacturer of said device where, in the judgment of the Fire Inspector, said instructions provide greater safety standards than those referred to above.
(3) After completion of the installation and within 60 days after the issuance of the Fire Inspector’s permit, the applicant shall permit an inspection to be made by the Fire Inspector to determine whether or not there has been compliance, the Fire Inspector shall issue his certificate. If there shall not be compliance, the Fire Inspector shall order the immediate compliance with the permit requirements or removal of the device concerned.
(4) Unless a certificate of compliance has been issued within 60 days from the date the Fire Inspector’s permit has been issued, said permit shall expire, and no installation may be completed and no such device may be used unless a new application for a permit or for an extension of the previous permit shall have been made and said permit or extension shall have been issued.
§ 58-21. Electrical systems.
A. Electrical wiring and equipment shall not be a fire hazard or a source of ignition for combustible or hazardous substances, materials or devices.
B. Electrical wiring and equipment shall be maintained so as to be firmly secured to the surface on which it is mounted.
C. Over current protection devices shall be maintained in safe operating condition, shall not be locked or fastened in the “on” position and shall be accessible.
D. Grounding of electrical wiring and equipment shall be maintained to provide protection against hazard.
E. Flexible cord shall not be run through holes in walls, ceilings or floors or run through doorways, windows or similar openings, or attached to building walls or above ceilings or under floors or floor coverings.
F. Wiring systems shall be deemed to be a fire hazard under the following conditions:
(1) A switch or receptacle faceplate feels unusually warm or there is a burning odor in their immediate vicinity; or
(2) There is a flickering of lights which IS not traceable to appliances or obvious external causes.
§ 58-22. Commercial cooking equipment.
A. Exhaust systems provided for commercial cooking equipment shall be maintained in safe operating condition.
B. Hoods, grease-removal devices, fans, ducts and other devices shall be maintained clean and free of grease and deposits of residues.
C. Fixed fire-extinguishing systems for range hoods, including component parts, shall be maintained in proper operating condition. Manufacturer’s instructions for manually operating the system shall be posted conspicuously in the kitchen.
D. Fire dampers shall be maintained so as to be operable.
§ 58-23. Fire-protection equipment and restrictions.
A. Water supply.
(1) Water service for sprinkler, standpipe and yard hydrant systems shall provide at all times a supply of water in sufficient volume for such systems to function satisfactorily.
(2) Water supply tanks shall be maintained watertight, verminproof, rodentproof, resistant to corrosion and protected against freezing.
(3) Tanks and their supports shall not be used to support equipment or structures other than for tank use, except where specially designed for such other use.
(4) Means for emptying water supply tanks shall be maintained in proper working condition.
(5) Water supply tanks for standpipe and sprinkler systems shall be maintained to furnish water in sufficient quantity and pressure for such systems.
(6) Fire Department connections shall be conspicuously identified, maintained readily accessible for Fire Department use and adapted to fit the equipment of the Fire Department.
B. Sprinkler systems.
(1) Sprinkler systems shall be maintained in operative condition, free from mechanical injury, structural failure or obstructions. Sprinklers shall be maintained clear and free from corrosion, paint, whitewash and other coatings which impair their operation.
(2) Valves controlling water supply to sprinklers shall be secured in the open position. (3) Supports for piping and equipment shall be structurally sound.
(3) Portions of the system subject to freezing shall be appropriately protected.
(4) Storage of materials shall not interfere with the effective discharge of water from the sprinklers.
(5) Connections or sprinkler systems for other than fire protection shall be prohibited.
C. Standpipe systems.
(1) Valves shall remain tight against leaks.
(2) Hose shall be properly stored, ready for operation, dry and free of deterioration.
(3) Hose stations shall be conspicuously identified, located for easy accessibility and installed to provide for the quick and easy use of equipment. Hose station cabinets shall have keyless doors.
(4) Valves in the water supply pipe for the standpipe system other than hose station valves shall be open at all times.
D. Yard hydrant systems.
(1) Yard hydrant systems shall provide an ample supply of water to the hydrant.
(2) Connection to fire hydrants for other than fire protection purposes shall be prohibited unless authorized by the authority having jurisdiction.
(3) Outside hose shall be stored to be readily accessible and protected from the weather.
E. Portable fire extinguishers.
(1) Portable fire extinguishers shall be appropriate as to type, size and location and shall be in their designated location and clearly visible, except that they may be located in an enclosure or recess conspicuously identified as containing a fire extinguisher.
(2) Portable fire extinguishers shall be maintained in operating condition.
F. Fire alarm systems.
(1) Fire alarm systems shall be maintained in operating condition.
(2) Fire alarm boxes shall not be obstructed and shall be in full view at all times.
(3) Manufacturer’s instructions for use of fire alarm boxes shall be conspicuously posted in the immediate vicinity of each alarm box.
(4) Unless directly connected to a central station alarm service, municipal alarm system or local manned fire alarm dispatch station, a clearly legible sign shall be posted above each box, stating: LOCAL ALARM ONLY – NOT CONNECTED TO FIRE DEPARTMENT – CALL FIRE DEPARTMENT BY TELEPHONE.
G. Fire and smoke detectors. Fire detectors, smoke detectors, ionization detectors, flame detectors and heat detectors shall be maintained in operating condition.
H. Foam and chemical fire-extinguishing systems. Foam and chemical fire-extinguishing systems shall be appropriate for their use intended and shall be maintained in safe operating condition.
I. Elevator equipment.
(1) Elevator hoistways and pits shall be maintained free of rubbish or other debris.
(2) Elevator machine rooms shall be maintained free of oil and grease, including oily and greasy cloths, rags and other materials, and shall not be used for storage of articles or materials unnecessary for maintenance of equipment. Flammable liquids shall not be kept in machine rooms.
(3) Hoistways and shafts. Exterior access openings to abovegrade hoistways and shafts shall be clearly and permanently marked to indicate that such access opens on a hoistway or shaft.
(4) Combustible cooling towers. Access to combustible cooling towers shall not be obstructed for fire fighting.
J. Swimming pools.
(1) Swimming pool disinfection and auxiliary equipment using materials capable of giving off irritating, toxic or flammable fumes shall be maintained in a safe operating condition. Such materials shall be stored in a dry, ventilated area.
(2) Buildings or rooms used for storage of chlorine gas shall be labeled with a clearly legible and conspicuous sign, stating: DANGER – NO SMOKING – CHLORINE GAS STORAGE.
K. Sewage and storm drainage. Volatile, flammable liquids and substances which will produce explosive mixtures shall not be discharged into sewage and storm drainage systems.
L. Commercial ovens. Controls for ventilation, fuel, temperature and conveyors shall be maintained in safe operating condition.
§ 58-24. Special property uses or conditions.
A. General requirements.
(1) This section provides regulations for public safety from the hazards of fire which may result from special property uses or conditions.
(2) These regulations apply in addition to other applicable regulations of this chapter.
B. Places of assembly.
(1) The maximum number of occupants permitted within places of assembly shall be established by the authority having jurisdiction and shall be conspicuously posted in each such space and shall not be exceeded.
(2) No decorative material shall be used which, as applied, will ignite and allow flame to spread over the surface or will allow burning particles to drop.
(3) Screens for projection of pictures shall be noncombustible materials treated to be fire resistant.
(4) No apparatus in which combustible or flammable fluid is used in the preparation of foods, refreshments or other materials shall be permitted in a lobby, foyer or auditorium of a place of assembly.
C. Service stations and garages.
(1) Motor vehicle fuel storage shall not be permitted within a service station or garage containing a pit, basement or depressed area, unless adequate ventilation is provided to prevent the accumulation of flammable vapors.
(2) Handling of motor vehicle fuel in open containers is prohibited.
(3) Portable containers for motor vehicle fuel shall be made of metal or suitable unbreakable material. Such containers shall have a spring- or screw-type cover with a spout or other design to prevent spilling when poured.
D. Dispensing of motor vehicle fuel.
(1) Dispensers shall be maintained to prevent leakage or accidental discharge.
(2) Remote master control devices to shut off all pumps in case of an emergency shall be accessible and properly identified as pump shutoff controls.
(3) Dispenser hoses shall be of a type with automatic self-closing nozzles.
(4) Impact valves, which close automatically in the event of fire or severe impact, shall be maintained in safe operating condition.
(5) Fuel shall not be dispensed unless the motors of vehicles receiving fuel are shut off.
(6) Smoking shall be prohibited in areas where motor vehicles are fueled or serviced. (7) Portable fire extinguishers of an appropriate type shall be provided at service stations and garages dispensing motor vehicle fuel.
E. Abandonment or removal of underground tanks.
(1) Underground tanks rendered out of service shall be made safe by capping the fill line, gauge opening and pump suction and securing against tampering.
(2) Underground tanks abandoned in place shall be made safe by removing flammable or combustible liquid from the tank and connecting lines, disconnecting the suction, inlet, gauge and vent lines, removing sections of connecting lines not to be used further and capping or plugging inlets, outlets and leaks, if any, filling the tank with an inert solid material and capping the remaining underground piping.
(3) Underground tanks disposed of as junk shall be rendered free of hazardous vapors. (4) Underground tanks which have been removed shall not be reinstalled until the tanks have been appropriately cleaned, repaired, if necessary, tested and made corrosion-resistant.
§ 58-25. Compliance required; violation orders.
A. A person owning, operating, occupying or maintaining property or premises within the scope of this chapter shall comply with all of the provisions of this chapter and all orders, notices, rules, regulations or determinations issued in connection therewith.
B. Whenever the Fire Inspector finds that there has been a violation of this chapter or any rule or regulation adopted pursuant thereto, a violation order shall be issued to the person or persons responsible.
C. Violation orders shall be in writing, shall identify the property or premises, shall specify the violation and remedial action to be taken, shall provide a reasonable time limit for compliance and shall state the time within which an appeal may be taken.
D. Violation orders may be served by personal service; by mailing by registered or certified mail: or by posting a copy thereof in a conspicuous place on the premises and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible.
E. In case the owner, lessor, occupant, or the agent of any of them, shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the Town Board of the Town of Kirkland.
§ 58-26. Penalties for offenses.
A. Failure to comply with any provisions of this chapter or any rules or regulations adopted pursuant thereto or a violation order shall be deemed a violation, and the violator shall be liable for a fine of not more than $250 or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute a separate violation.
B. An action or proceeding in the name of the Town of Kirkland may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provisions of this chapter or any rule or regulation adopted pursuant thereto or a violation order, or to vacate the occupancy or building in the case of imminent danger to life or property. Such remedy shall be in addition to penalties otherwise prescribed by law.
§ 58-27. Removal of dangerous buildings or structures.
A. A building or structure, or part thereof, which is an imminent danger to life or safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance.
B. Whenever the Fire Chief finds a building or structure, or part thereof, to be an imminent danger to life and safety of the public as a result of a fire or explosion, the Town Building Inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger.
C. The Fire Chief may require the occupant of any building or structure, or part thereof, to vacate the premises forthwith. No persons shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no persons shall enter premises which have been ordered vacated unless authorized by the Fire Chief to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof.
D. All costs and expenses incurred by the Town of Kirkland in connection with any work done to remove the danger or in such connection with the demolition and removal of such building or structure shall be assessed against the land on which such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien.
E. As an alternative to the maintenance of any such action, a Building Contractor may file a certificate of the actual expenses which were incurred as aforesaid, together with a statement identifying the property in connection with which the assessors, who shall, in the preparation of the next assessment roll assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Kirkland.
§ 58-28. Generally accepted standards.
A. Applicability. Generally accepted standards referred to in this chapter, unless otherwise indicated, shall be construed as follows:
(1) Provisions which are intended to be mandatory or which establish requirements in excess of basic fire prevention requirements shall apply.
(2) Provisions which are suggested or recommended or which establish requirements in excess of basic fire prevention requirements shall not apply.
(3) Provisions which grant discretionary powers to modify or vary requirements shall not apply.
(4) Provisions which differ from the provisions of this chapter shall not apply.
B. Issuing organizations. Issuing organizations shall be as follows:
(1) ANSI: American National Standards Institute, Inc. 1430 Broadway New York, New York 10018
(2) NFPA: National Fire Protection Association 470 Atlantic Avenue Boston, Massachusetts 02210
(3) NYDH: Department of Health, State of New York 84 Holland Avenue Albany, New York 12208
(4) NYDL Department of Labor, State of New York Office of Administrative Director Building 12, State Campus Albany, New York 12226 or Department of Labor, State of New York Business Administrative Office Two World Trade Center New York, New York 10047
(5) USDC: U.S. Department of Commerce – Handbooks National Bureau of Standards Washington, D.C. 20234
§ 58-29. Sprinkler systems in nursing, convalescent and old-age homes.
Every private nursing home, convalescent home, old-age home or other home or structure used for the in-patient care of or occupied by sick, invalid, infirmed, disabled or convalescent persons which shall be erected, enlarged or altered subsequent to the effective date of this chapter shall be completely protected by an automatic sprinkler system installed and maintained in accordance with the standards of the New York Rating Organization of the New York Board of Fire Underwriters and approved by the Fire Chief or Fire Inspector of the Town of Kirkland. The provisions of this section shall be effective immediately.
§ 58-30. Open burning.
A. The Chiefs may prohibit, by public notice, any or all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fires hazardous.
B. A responsible person or persons must be in attendance at all times during periods of open burning as described in Subsection A above.
§ 58-31. Fire escapes.
Upon inspection, any buildings subject to the applicability of this chapter within the Town of Kirkland shall be provided with appropriate fire escapes.
§ 58-32. Automatic fire-detection systems.
A. General scope, new construction. In new construction of multiple dwellings of Groups B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, B-I0 and B-ll shall be equipped with an approved type of fire- and/or smoke-detecting system. The system shall be installed in accordance with state and local laws and shall not apply where equivalent or more stringent legal requirements are enforced by the State Building Code or other municipal requirements.
B. General scope, present construction. Existing structures described in § 58-4 hereof shall be equipped with approved type of fire- and/or smoke-detecting systems. The system shall be installed in accordance with state and local laws and shall not apply where equivalent or more stringent legal requirements are enforced by state building or other municipal requirements.
C. Schedule. Installation of these detectors or detector systems shall commence within 180 days of the effective date of this chapter and be complete 24 months after the date of acceptance of this chapter.
§ 58-33. Adoption of rules and regulations.
The Town Board may, after a public hearing, adopt rules and regulations for the administration and enforcement of this chapter.
§ 59-1. Purpose and intent.
This chapter shall provide for administration and enforcement of the New York State Uniform Fire Prevention and Building Code (Uniform Code) in the Town of Kirkland. This chapter is adopted pursuant to § 10 of Article 2 of the Municipal Home Rule Law. Except as otherwise provided within this law, state law or within the Uniform Code, all premises, regardless of use, are subject to the provisions which follow.
§ 59-2. Intermunicipal contracts and assistance.
The Town Board may, by resolution, authorize the Supervisor to enter into a contract with other governments to carry out the terms of this chapter.
§ 59-3. Code Enforcement Official; duties and powers.
A. The office of Code Enforcement Official (C.E.O.) is hereby created and shall be administered by an appointee of the Town Board. All building inspectors, fire inspectors and code enforcement officers be Code Enforcement Officials under this chapter. The Code Enforcement Official shall possess background experience related to building construction or fire prevention and shall, within the time constraints prescribed by law, obtain such training as the State of New York shall require for code enforcement officials.
B. In the absence of the Code Enforcement Official, or in the case of his inability to act for any reason, the Town Supervisor shall have the power, with the consent of the Town Board, to designate a person to act in behalf of a C.E.O. and to exercise all the powers conferred upon him by this chapter.
C. The Town Supervisor, with the approval of the Town Board, may appoint one inspector or more, as the need may appear, to act under the supervision and direction of the Code Enforcement Official and to exercise any portion of the powers and duties of the Code Enforcement Official as directed by him.
D. The compensation for the Code Enforcement Official, acting as Code Enforcement Official, and inspectors shall be fixed and adjusted as needed by the Town Board.
E. The Code Enforcement Official shall administer and enforce all the provisions of the Uniform Code and the provisions of this chapter, including receiving building permit applications, reviewing plans and specifications, conducting inspections, issuing permits for the erection, alteration, relocation, addition, repair and/or demolition of buildings and structures, issuing certificates of occupancy, collecting fees as set forth by the Town Board and maintaining and filing all records necessary for the administration of the office to the satisfaction of the Town Board. The Code Enforcement Official is authorized to pursue administrative actions in consultation with the Town of Kirkland or of the State of New York.
§ 59-4. Building permit.
A. Permits required.
(1) Except as hereinafter provided, no person, firm, corporation, association or partnership shall commence the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, or install a solid fuel-burning heating appliance, chimney or flue in any dwelling unit, without first having obtained a permit from the Code Enforcement Official.
(2) No permit shall be required for:
(a) Necessary repairs which do not materially affect structural features;
(b) Alterations to existing buildings, provided that the alterations:
[1] Cost less than $10,000.
[2] Do not materially affect structural features.
[3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits.
[4] Do not involve the installation or extension of electrical systems.
[5] Do not include the installation of solid fuel-burning heating appliances and associated chimneys and flues.
B. Application for permit.
(1) The application for a building permit, and its accompanying documents, shall contain sufficient information to permit a determination that the intended work accords with the requirements of the Uniform Code.
(2) The form of the permit and application therefor shall be prescribed by the Code Enforcement Official. The application shall be signed by the owner (or his authorized agent) of the building and shall contain at least the following:
(a) Full name and address of the owner and, if by a corporation, the name and addresses of the responsible officials.
(b) Identification and/or description of the land on which the work is to be done.
(c) Description of use or occupancy of the land and existing or proposed building.
(d) Description of the proposed work.
(e) Three sets of plans and specifications for the proposed work.
(f) The required fee.
(3) The Code Enforcement Official may waive the requirement of plans and specifications when the work to be done involves minor alterations or is otherwise unnecessary.
(4) The applicant shall notify the Enforcement Official of any changes in the information contained in the application during the period for which the permit is in effect. A permit will be issued when the application has been determined to be complete and when the proposed work has been determined to conform to the requirements of the Uniform Code. The authority conferred by such permit may be limited by conditions, if any, contained therein. Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Code Enforcement Official prior to the commencement of such change of work.
C. General requirements.
(1) A building permit issued pursuant to this chapter shall be prominently displayed on the property or premises to which it pertains.
(2) A building permit issued pursuant to this chapter may be suspended or revoked if it is determined that the work to which it pertains is not proceeding in conformance with the Uniform Code or with any condition attached to such a permit.
(3) A building permit issued pursuant to this chapter shall expire one year from the date of issuance or upon the issuance of a certificate of occupancy, whichever occurs first. The permit may, upon written request, be renewed for a successive one-year period, provided that:
(a) The permit has not been revoked or suspended at the time the application for renewal is made;
(b) The relevant information in the application is up to date; and (c) The renewal fee is paid.
§ 59-5. Fees.
A fee schedule shall be established, and changed as needed, by resolution of the Town Board. Such fees may be charged for the issuance of permits, certificates of occupancy, temporary certificates of occupancy and for fire safety inspections.
§ 59-6. Certificate of occupancy.
A. No building erected subject to the New York State Uniform Fire Prevention and Building Code shall be used or occupied, except to the extent authorized hereunder, until a certificate of occupancy has been issued. A Code Enforcement Officer may issue a temporary certificate of occupancy in his discretion, conditioned upon the completion of all the requirements for a final certificate of occupancy. No building similarly enlarged, extended or altered, or upon the issuance of a building permit, shall be occupied or used more than 30 days after the completion of the alteration or work unless a certificate of occupancy has been issued. No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authors the change has been issued. The owner or his agent shall make application for a certificate of occupancy.
B. A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete that it may be put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance or at an earlier date if so specified. A temporary certificate of occupancy may, at the discretion of the Code Enforcement Official and upon payment of an additional fee as specified for a temporary certificate of occupancy, be renewed. The Code Enforcement Official may place special conditions on a temporary certificate of occupancy as necessary to ensure safety and to protect the interest of the Town.
§ 59-7. Inspection.
A. Inspection during construction.
(1) Work for which a building permit has been issued hereunder shall be inspected for approval prior to enclosing or covering any portion thereof and upon completion of each stage of construction, including, but not limited to, building location, site preparation, excavation, foundation, framing, superstructure, electrical, plumbing and heating and air conditioning. It shall be the responsibility of the owner, applicant, or his agent, to inform the inspector that the work is ready for inspection and to schedule such inspection.
(2) If entrance to make an inspection is refused or cannot be obtained, the Town Board, after being notified by the inspector of the situation, may apply for an order to make an inspection to any court of competent jurisdiction.
B. Fire prevention and safety inspections.
(1) Multiple dwellings shall be inspected for the purpose of determining compliance with the fire prevention and housing maintenance requirements of the Uniform Code at least once in every 36 months. Inspections of such buildings shall include the common areas, such as halls, foyers, staircases, etc., and vacant dwelling units. Where tenants of occupied dwelling units allow, the inspection may include such units by request of the occupant.
(2) Fire safety inspections of buildings or structures having areas of public assembly as defined in Part 606 of Title 9 of the Official Compilation of Codes, Rules and Regulations’ shall be performed at least once in every 12 months.
(3) All other buildings, uses and occupancies (except one- or two-family dwellings) shall be inspected at least once in every 24 months.
(4) An inspection of a building or dwelling unit may also be performed at any other time upon:
a. The request of the owner, authorized agent, or tenant;
b. Receipt of a written statement alleging that conditions or activities failing to comply with the Uniform Code exist; or
c. Other reasonable and reliable information that such a violation exists.
(5) Such inspections be performed by the Code Enforcement Official.
§ 59-8. Violations.
A. Upon determination that a violation of the Uniform Code or this chapter exists in, on or about any building or premises, the Code Enforcement Official shall order in writing the remedying of the condition. Such order shall state the specific provision of the Uniform Code which the particular condition violates and shall grant such time as may be reasonably necessary for achieving compliance before proceedings to compel compliance shall be instituted. Such order shall be served personally or by notification by registered mail.
B. The Code Enforcement Official shall annually submit to the Town Board a written report and summary of all business conducted by the Building Department, including approvals, permits and certificates issued, fees collected, orders and notices promulgated, inspections and tests made and appeals or litigation pending or concluded.
§ 61-1. Findings.
The Town Board of the Town of Kirkland finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Kirkland and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted.
§ 61-2. Purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters.
D. Control filling, grading, dredging and other development which may increase erosion or flood damages.
E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
F. Qualify for and maintain participation in the National Flood Insurance Program.
§ 61-3. Objectives.
The objectives of this chapter are:
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 and streets and bridges located in areas of special flood hazard.
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.
G. To provide that developers are notified that property is in an area of special flood hazard.
H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
§ 61-4. Definitions and word usage.
A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. As used in this chapter, the following terms shall have the meanings indicated:
APPEAL – A request for a review of the local administrator’s interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING – A designated AO or VO Zone on a community’s Flood Insurance Rate Map (FIRM), with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD – The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 through A99, V, VO, VE or VI through V30. It is also commonly referred to as the “base floodplain” or “one-hundred-year floodplain.”
BASE FLOOD – The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT – That portion of a building having its floor sub grade (below ground level) on all sides.
BREAKAWAY WALL – A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
BUILDING – Any structure built for support, shelter or enclosure for occupancy or storage.
CELLAR – The same meaning as “basement.”
COASTAL HIGH-HAZARD AREA – The area subject to high-velocity waters, including but not limited to hurricane wave wash. The area is designated on a FIRM as Zone VI through V30, VE, VO or V.
DEVELOPMENT – Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located within the area of special flood hazard.
, ELEVATED BUILDING – A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -. An official map of the community published by the Federal Emergency Management Agency as part of a riverine community’s Flood Insurance Study. The “FBFM” delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD HAZARD BOUNDARY MAP (FHBM) – An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.
FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY – The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevations of the base flood.
FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPROOFING – Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY – The same meaning as “regulatory floodway.”
FLOOR – The top surface of an enclosed area in a building, including basement, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
FUNCTIONALLY DEPENDENT USE – A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair. The term does not include long-term storage, manufacture, sales or service facilities.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
LOWEST FLOOR – The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MANUFACTURED HOME – A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
MEAN SEA LEVEL – F or purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.
MOBILE HOME – The same meaning as “manufactured home.”
NATIONAL GEODETIC VERTICAL DATUM (NGVD) – As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of this chapter.
ONE-HUNDRED-YEAR FLOOD – The same meaning as “base flood.”
PRINCIP ALLY ABOVE GROUND – At least 51 % of the actual cash value of the structure, excluding land value, is above ground.
REGULATORY FLOODWAY – The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 61-12B.
SAND DUNES – Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION – The initiation, excluding planning and design, of any phase of a project or 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 or sheds), storage trailers and building materials. For manufactured homes, the “actual start” means affixing of the manufactured home to its permanent site.
STRUCTURE – A walled and roofed building, a manufactured home or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
VARIANCE – A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.
§ 61-5. Applicability.
This chapter shall apply to all areas of special flood hazard within the jurisdiction of the T own of Kirkland.
§ 61-6. Basis for establishing areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled the “Flood Insurance Study for the Town of Kirkland of Oneida County, New York,” dated October 3, 1984, with accompanying Flood Insurance Rate Maps and Flood Boundary. Floodway Maps, are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and maps are on file at the Town Clerk’s office, Lombard Hall. Clinton, New York 13323.
§ 61-7. Effect on other laws; interpretation.
A. This chapter is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance.
B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
§ 61-8. Penalties for offenses; other remedies; notification of noncompliance.
No structure shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Kirkland from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received an approved variance under §§ 61-16 and 61-17 will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
§ 61-9. Warning and disclaimer of liability.
The degree of flood protection required by this chapter 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 chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Kirkland, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 61-10. Designation of local administrator.
The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.
§ 61-11. Development permit.
A development permit shall be obtained before the start of construction or any other development within the areas of special flood hazard as established in § 61-6. Application for a development permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
A. Application stage. The following information is required where applicable:
(1) The elevation, in relation to mean sea level, of the proposed lowest floor, including basement or cellar, of all structures.
(2) The elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed.
(3) When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 61-13C(1).
(4) A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 61-14.
(5) A description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
B. Construction stage. Upon placement of the lowest floor or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. When floodproofing is utilized for a particular building, the floodproofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by the same. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder’s risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
§ 61-12. Duties of local administrator.
Duties of the local administrator shall include but not be limited to:
A. Permit application review. The local administrator shall:
(1) Review all development permit applications to determine that the requirements of this chapter have been satisfied.
(2) Review all development permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) Review all development permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this chapter, “adversely affects” means physical damage to adjacent properties. An engineering study may be required of the applicant for this purpose.
a. If there is no adverse effect, then the permit shall be granted consistent with the provisions of this chapter.
b. If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit.
(4) Review all development permits for compliance with the provisions of § 61-13E, Encroachments.
B. Use of other base flood and floodway data. When base flood elevation data has not been provided in accordance with § 61-6, Basis for establishing areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to § 61-13D(4), in order to administer § 61-14, Specific provisions for flood hazard reduction, and § 61-15, Floodways.
C. Information to be obtained and maintained. The local administrator shall:
(1) Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement or cellar, of all new or substantially improved structures and whether or not the structure contains a basement or cellar.
(2) For all new or substantially improved floodproofed structures:
a. Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.
b. Maintain the floodproofing certifications required in §§ 61-13 and 61-14.
(3) Maintain for public inspection all records pertaining to the provisions of this chapter, including variances, when granted, and certificates of compliance.
D. Alteration of watercourses. The local administrator shall:
(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 Regional Director, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.
(2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E. Interpretation of FIRM boundaries.
(1) The local administrator shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified areas of special flood hazard and actual field conditions.
(2) Base flood elevation data established pursuant to § 61-6 and/or § 61-l2B, when available, shall be used to accurately delineate the areas of special flood hazard.
(3) The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
F. Stop-work orders.
(1) All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 61-8 of this chapter.
(2) All floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 61-8 of this chapter.
G. Inspections. The local administrator and/or the developer’s engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify that the development is in compliance with the requirements of either the development permit or the approved variance.
H. Certificate of compliance.
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter.
(2) All other development occurring within the designated flood hazard area will have, upon completion, a certificate of compliance issued by the local administrator.
(3) All certifications shall be based upon the inspections conducted subject to Subsection G and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
§ 61-13. General provisions for flood hazard reduction.
In all areas of special flood hazard, the following standards are required:
A. Anchoring.
(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Manufactured homes shall be elevated to or above the base flood elevation or two feet above the highest adjacent grade when no base flood elevation has been determined. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
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.
C. Utilities.
(1) 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.
(2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(3) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters.
(4) On-site waste disposal systems shall be located so as 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.
(4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or five acres.
E. Encroachments.
(1) All proposed development in riverine situations where no flood elevation data is available (unnumbered A Zones) shall be analyzed to determine the effects on the flood-carrying capacity of the areas of special flood hazard set forth in § 61-12A(3). This may require the submission of additional technical data to assist in the determination.
(2) In all areas of special flood hazard in which base flood elevation data is available pursuant to § 61-12B or Subsection 0(4) and no flood way has been determined, the cumulative effects of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point.
(3) In all areas of special flood hazard where floodway data is provided or available pursuant to § 61-12B, the requirements of § 61-15, Floodways, shall apply.
§ 61-14. Specific provisions for flood hazard reduction.
In all areas of special flood hazard where base flood elevation data has been provided as set forth in § 61-6, Basis for establishing areas of special flood hazard, and § 61-12B, Use of other base flood and floodway data, the following standards are required:
A. Residential construction. New construction and substantial improvements of any resident structure shall:
(1) Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation.
(2) Have fully enclosed areas below the lowest floor that are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
c. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
B. Nonresidential construction.
(1) New construction and substantial improvements of any commercial, industrial or other nonresidential structure, together with attendant utility and sanitary facilities, shall either have the lowest floor, including basement or cellar, elevated to or above the base flood elevation or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
a. If the structure is to be elevated, fully enclosed areas below the base flood elevation shall be designed to automatically (without human intervention) allow for the entry and exit of flood waters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
[1] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
[2] The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
[3] Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
b. If the structure is to be floodproofed:
[1] A licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
[2] A licensed professional engineer or licensed land surveyor shall certify the specific elevation, in relation to mean sea level, to which the structure is floodproofed.
(2) The local administrator shall maintain on record a copy of all such certificates noted in this section.
C. Construction standards for areas of special flood hazard without base flood elevations. New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated to or above the base flood elevation as may be determined in § 61-12B or two feet above the highest adjacent grade where no elevation data is available.
(1) New construction or substantial improvements of structures, including manufactured homes, shall have the lowest floor, including basement, elevated at least two feet above the highest adjacent grade next to the proposed foundation of the structure.
(2) Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically (without human intervention) allow for the entry and exit of floodwaters for the purpose of equalizing hydrostatic flood forces on exterior walls. Designs for meeting this requirement must either be certified by a licensed professional engineer or a licensed architect or meet the following criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade.
c. Openings may be equipped with louvers, valves, screens or other coverings or openings, provided that they permit the automatic entry and exit of floodwaters.
§ 61-15. Floodways.
Located within areas of special flood hazard are areas designated as floodways. (See definition, § 61-4.) The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data is available for a particular site as provided by §§ 61-6 and 61-12B, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
§ 61-16. Appeals Board.
A. The Zoning Board of Appeals as established by the Town of Kirkland shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter.
C. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
D. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and:
(1) The danger that materials may be swept onto other lands to the injury of others.
(2) The danger to life and property due to flooding or erosion damage.
(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) The importance of the services provided by the proposed facility to the community.
(5) The necessity to the facility of a waterfront location, where applicable.
(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) The compatibility of the proposed use with existing and anticipated development.
(8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area.
(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
(12) The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request.
§ 61-17. Variances.
A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 61-16D(1) through (12) have been fully considered. As the lot size increases beyond the 112 acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the contributing structures procedures set forth in the remainder of this section.
C. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(1) The criteria of Subsections A, D, E and F of this section are met.
(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety.
D. Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result.
E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
F. Variances shall only be issued upon receiving written justification of:
(1) A showing of good and sufficient cause.
(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant.
(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation.
[The Town’s Games of Chance Local Law is currently being reviewed by the Town. Upon completion of this review and revision by the Town, the Games of Chance Legislation will be included in this chapter.]
§ 66-1. Purpose.
The purpose of this chapter is to preserve the character of residential areas within said Town.
§ 66-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE – Includes all sales entitled “garage sale,” “attic sale,” “rummage sale,” “flea market sale” or any similar casual sale of tangible personal property which is promoted by any means whereby the public at large is or can be made aware of said sale.
GOODS – Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON – Includes individuals, partnerships, voluntary associations and corporations. For the purpose of the provisions of this chapter relating to licensing, “person” shall include family or household groups occupying the same dwelling unit.
§ 66-3. License required; fee.
A. It shall be unlawful for any person to conduct a garage sale in the Town of Kirkland without first filing with the Town Clerk the information hereinafter specified and obtaining from such Town Clerk a license so to do, to be known as a “garage sale license.”
B. There shall be no fee for such a license.
§ 66-4. Duration and display of license.
A. Such license shall be issued to one person only twice within a twelve-month-period, and no such license shall be issued for more than seven consecutive calendar days.
B. Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
§ 66-5. Information to be filed for license.
The information to be filed with the Town Clerk pursuant to this chapter shall be as follows:
A. The name of the person, firm, group, corporation, association or organization conducting said sale.
B. The name of the owner of the property on which said sale is to be conducted and the written consent of the owner if the applicant is other than the owner.
C. The location at which the sale is to be conducted.
D. The number of days of the sale.
E. The date and nature of all past garage sales in the Town of Kirkland.
F. The relationship or connection the applicant has with any other person, firm, group, organization, association or corporation conducting any past sale and the date or dates of such sales.
G. Whether or not the applicant has been issued any other vendor’s license by any local, state or federal agency.
H. A sworn statement or affirmation by the applicant signing that the information therein given is full and true and known to him to be so.
§ 66-6. Source of merchandise offered for sale. [Amended 9-23-1987J·
The merchandise offered at the sale shall be only used, unwanted items of personal property acquired for normal use by the licensee.
§ 66-7. Hours of sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and 9:00 p.m., prevailing time, only.
§ 66-8. Advertisement; signs. [Amended 9-23-1987]
A. Garage sales may be advertised through the newspaper or other news media.
B. Signs not greater in size than two feet by two feet may’ be installed.
(1) No sign shall be placed on the public right-of-way.
(2) No lighted signs shall be used
(3) Signs shall be displayed only during the sale and shall be removed within 24 hours after completion of the sale.
§ 66-9. Exemptions.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and duties as public officials.
C. Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
D. Any sale conducted by a merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Town of Kirkland or under the protection of the nonconforming use provisions thereof, or any other sale conducted from properly zoned premises and not otherwise prohibited.
E. Any bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
§ 66-10. Investigation of violations; responsibility for good order.
A. It shall be the duty of the Police Department of the Town of Kirkland to investigate any violations of this chapter brought to its attention by complaint or arising during the performance of its normal duties.
B. The person to whom the license is issued and the owner of the premises; in the case of a license issued to a tenant of the premises on which such sale or activity is conducted, shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the orders of the Police Department of the Town of Kirkland in order to maintain the public health, safety and welfare.
§ 66-11. Penalties for offenses.
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $100 and/or imprisonment not to exceed 15 days, or both, at the discretion of the court. The continuation of a violation against the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation.
ARTICLE I
General Provisions
§ 68-1. Throwing of materials on streets and public places.
No person shall sweep, throw, cast, lay or direct or suffer or permit any servant, agent or employee to sweep or throw, cast, lay, place or deposit any offal, garbage, paper, dirt, filth, animal carcass, trash or rubbish or discarded material of any kind whatsoever on or in any street, lane, roadway, sidewalk, drain, drainage ditch, watercourse or public place in the Town, except that protective materials such as ashes, sand, salt or other commercial product designed for like purpose may be lightly sprinkled on slippery sidewalks or thoroughfares as a measure of safety.
§ 68-2. Littering by motorists and pedestrians.
The littering of streets and places in the Town by motorists and pedestrians is prohibited.
§ 68-3. Depositing of dangerous materials.
No person shall place or cause to be placed upon any lot within the Town, any glass, crockery, scrap iron or any other article, the placing of which would in any way endanger the person, life or property of any person.
§ 68-4. Depositing of samples or packages of medicine. [Amended 9-11-1989 by L.L. No. 1-1989]
No person shall, without permission from the owner or occupant, throw or place, or cause to be thrown or placed, in any yard, entryway or doorway any sample or package of medicine or any substance which may litter such place or cause annoyance or inconvenience to such owner or occupant.
§ 68-5. Obstruction of sidewalks.
No person shall place any materials upon any sidewalk or do any packing or unpacking of materials upon any sidewalk in such a manner as to obstruct traffic on or across the same.
§ 68-6. Maintenance of front of premises.
Owners, tenants, occupants or other persons having control of the exterior of premises owned or occupied by them shall keep the area fronting the premises so controlled by them from the building line extending to the outer part of the curbs and gutters fronting their property, including sidewalks, clean and unlittered at all times. Where there is no building on the premises, the building line is deemed to mean the rear line of the front yard as the depth of the front yard for the appropriate district in which such premises lies, as set forth in Chapter 118, Zoning, of the Code of the Town of Kirkland.
§ 68-7. Removal of snow, ice and other materials from sidewalks.
Every owner or occupant of any building or lot, adjoining which is a sidewalk, shall see that such sidewalk is at all times kept unencumbered and free from snow, ice, dirt, rubbish or other matter which may obstruct the proper and free use of the same.
§ 68-8. Accumulation of rubbish.
It shall be unlawful for any owner, lessee or occupant having control of any occupied or unoccupied lot or land within the Town to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, or if there is no curb, the adjacent edge of the roadway, any accumulation of rubbish, such as broken glass, empty cartons or boxes, cans, bottles or other discarded items of trash or junk.
§ 68-9. Duties of owner, lessee or occupant.
It shall be the duty of any owner, lessee or occupant of any lot or land to remove therefrom any accumulation of rubbish and junk as often as may be necessary to comply with the provisions of § 68-8.
§ 68-10. Notice to comply; procedure on failure to comply.
If the provisions of §§ 68-8 and 68-9 are not complied with, the Town Clerk shall cause to be served upon the owner, lessee or occupant by mail, a written notice to comply with the provisions thereof. If the person upon whom the notice is served fails, neglects or refuses to so comply within seven days after the mailing of such notice, the Town Highway Superintendent shall cause such rubbish or junk to be removed and shall promptly bill the occupant, owner or lessee, as the case may be, for the actual cost of removal, plus 5% for inspections and other additional costs in connection therewith. If such bill is not paid within 30 days after mailing or personal delivery thereof, the Town Highway Superintendent shall certify such actual cost of such cutting and/or removal plus said 5% to the Town Collector of Taxes, and thereupon such costs and said additional 5% shall become a lien upon the real property involved and shall be added to and become a part of the taxes next to be assessed and levied upon such real property and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes. Notice to comply, mailed to a nonresident owner at his last known address, shall be sufficient.
ARTICLE II
Collection of Garbage and Waste
§ 68-11. Definitions.
For the purposes of this article, the following definitions shall be accepted:
DEBRIS – Stone, brick, concrete, gravel, sod, lawn or garden gradings, loose plaster, roof materials, lumber or demolition materials.
GARBAGE – All kitchen waste; all rejected, abandoned or discarded household waste and refuse, either animal or vegetable, and including tin cans, discarded wearing apparel, sweepings, metals, crockery and glass, cardboard and papers, lawn and grass clippings, and including rugs and mattresses.
TRASH – Furniture and household appliances too bulky to be placed in garbage containers, leaves, tree limbs and brush.
§ 68-12. Schedule of collection.
The collection of the Town’s refuse shall be made separately as follows:
A. Garbage shall be collected once a week from every household or place of human habitation and must be disposed of by the owner of the premises or by a contractor hired by the owner.
B. Trash shall be collected at such times as the Town Superintendent of Highways may deem necessary.
C. Scheduled dates for trash pickup shall be established by the Town Board of the Town of Kirkland and shall be posted at the Town Garage and the Town Clerk’s office. The Town Board may from time to time determine the route and the sequence of trash pickup and the time of day within which such pickup shall occur.
§ 68-13. Placement in receptacles; exceptions.
All garbage must be placed in receptacles as hereinafter defined, except that cardboard and papers, rugs and mattresses need not be placed in such receptacles, provided that they are secured as hereinafter set forth.
§ 68-14. Type and size of receptacles.
A. Every owner shall provide for his premises and maintain in proper order and repair, covered metal or plastic watertight garbage bags or receptacles, having a capacity of not more than two cubic feet each and which shall not be filled to a greater height than within two inches of the top. All garbage, except as set forth in Subsections Band C of this section, shall be placed for pickup and disposal in such covered containers.
B. Garbage, other than carcasses, or parts thereof, carrion and vegetable and animal food waste and other than the cans, cartons, wrappings or other containers in which such materials were contained, may be placed in tightly secured heavy plastic bags for pickup and disposal. No barrels or paper bags will be accepted as containers.
C. Cardboard and papers need not be placed in receptacles, provided that they are securely tied in bundles. Cardboard boxes shall be flattened, securely tied and contain no household refuse.
D. Rugs or mattresses must be rolled and tied.
E. No container filled with garbage and no bundle of garbage or refuse shall weigh more than 50 pounds.
F. No bundle or other object or material shall exceed five feet in length and two feet in width and depth, respectively.
§ 68-15. Straining and wrapping of certain wastes.
A. All kitchen waste, carcasses, or parts thereof, carrion and animal and vegetable food waste from dwellings shall be thoroughly strained and wrapped in paper, paper bags or plastic bags and placed in proper metal or plastic watertight covered garbage receptacles for collection.
B. No refuse of the consistence of swill shall be collected from any premises whatsoever by the Town Superintendent of Highways.
C. Animal and vegetable waste from hotels, restaurants, markets and grocery stores need not be wrapped before being placed in the garbage receptacle, but shall be drained to reduce the liquid content. Such waste from such establishment must be kept so covered as to prevent the ingress or egress of flies and the escape of offensive odors.
§ 68-16. Placement of garbage for collection; times.
A. Collections of garbage shall be made from the curb.
B. No garbage shall be placed for collection at the front of any premises prior to 5:00 p.m. on the day preceding that on which the collection is to be made if such collection is made the following morning, or prior to 5:00 p.m. on the day on which such collections are made if such collections are made in the evening of that day.
C. No receptacles shall be permitted to remain on the street or in front of premises served for a period of more than eight hours after collection has been effected.
§ 68-17. Placement and collection of trash.
A. No trash shall be placed in the roadway, except leaves, which are to be put at the outer edge of the roadway, free of any nonbiodegradable matter or other trash.
B. Heavy trash shall be placed at the curb outside the roadway and parallel with the curb.
C. Tree limbs and brush shall be reduced to lengths not exceeding five feet.
D. Where the removal of large amounts of tree limbs or brush, several appliances or several pieces of substantial furniture is required, the owner shall make prior arrangements with the Town Highway Superintendent as to the pickup thereof. No such pickup of trash will be made from within the home of any owner, and such owner shall arrange to have all such trash at the appointed place at the appointed time, as arranged with the Town Highway Superintendent.
E. No trash in the nature of furniture or appliances, or parts thereof, except such as is placed within garbage receptacles, weighing not more than 50 pounds so laden, shall be picked up from any commercial or other establishment selling, servicing or otherwise dealing in and with such appliances and furniture.
§ 68-18. Disposal of debris.
No debris, as defined in this chapter, will be picked up by the Town, but must be disposed of by the contractor or owner of the premises.
§ 68-19. Conveyance of materials from excavations.
All persons employing or using trucks or other vehicles in making excavations for building purposes and in conveying earth, rubbish or other materials from such excavations, or from any other place along the public highways of the Town shall at once remove from the pavement and sidewalks adjacent to such excavations or from any public place where the same may be deposited, all earth, rubbish or other material that may fall from the wheels of, or from such trucks or vehicles and shall employ and keep employed a sufficient number of sweepers or workmen, or use such other means as may be necessary to keep all such pavements and sidewalks in a clean condition and free from earth and other material.
§ 68-20. Vehicles used for conveying garbage and loose materials.
All trucks or other vehicles used for the conveying of garbage, trash, debris or other loose materials shall have bodies or boxes and endgates of such form and construction and shall be so loaded and secured that the contents thereof will not leak, spill, fall, blow or drop therefrom while being transported through the Town.
§ 68-21. Penalties for offenses. [Amended 9-11-1989 by L.L. No. 1-1989]
An offense against the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
§ 68-22. Repealer; effect on prosecution of violations of prior legislation.
All ordinances in conflict with the provisions of this chapter are, to the extent of such conflict, repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any acts done or committed in violation of any ordinance or part thereof hereby appealed prior to the taking effect of this chapter.
ARTICLE III
Property Maintenance
[Added 4-26-1999 by L.L. No. 2-1999]
§ 68-23. Title.
This article shall be known as the “Property Maintenance Code of the Town of Kirkland” and may be referred to in this article as the “Property Maintenance Code.”
§ 68-24. Legislative intent.
The purpose of this article shall be to:
A. Protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises.
B. Avoid, prevent and eliminate the maintenance or creation of hazards to the public health or safety.
C. A void, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties.
D. Prevent the creation, continuation, extension or aggravation of blight.
E. Preserve property values in the Town of Kirkland.
F. Prevent the physical deterioration or progressive downgrading of the quality of housing facilities in the Town of Kirkland.
G. Maintain the value and economic health of the commercial properties and businesses that serve and help to support the Town of Kirkland and its citizens.
H. Prevent and eliminate physical conditions in or on property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist.
I. Establish minimum standards governing the maintenance and condition of land, buildings, structures and premises in the Town of Kirkland.
J. Provide for administration and enforcement.
K. Fix penalties for the violation of this article.
§ 68-25. Findings and declaration of policy.
Experience and observations have shown that lack of maintenance of real property may lead to progressive deterioration and loss of property values. Through the establishment of the regulations and restrictions contained herein, the desirability of residential and nonresidential uses and the amenities of neighborhoods will be enhanced and the general health, safety and welfare of all residents will be fostered and protected.
§ 68-26. Purpose; construal of provisions.
A. The purpose of this article is the following:
(1) To fix certain responsibilities upon owners, operators, occupants and other persons.
(2) To authorize and establish procedures for the inspection of residential and nonresidential premises.
(3) To fix penalties for the violations of this article and provide procedures for correcting violations in those cases requiring municipal action.
B. This article is hereby declared to be protective, preventive and essential for the public interest, and it is intended that this article be liberally construed to effectuate the purposes stated herein.
§ 68-27. Definitions; word usage.
A. Words and terms in this article which are defined in § 118-2 of Chapter 118, Zoning, of the Code of the Town of Kirkland shall apply to this article, unless they are specifically defined in this article.
B. For the specific purposes of this article, the following terms, whenever used herein or referred to in this article, shall have the respective meanings assigned to them hereunder unless a different meaning clearly appears from the context:
BUILDING INSPECTOR representative.
The Building Inspector or his duly authorized
COMMERCIAL VEHICLE – All trucks, vans, construction equipment and limousines, bearing commercial license plates, which are in excess of four tons’ net weight.
DETERIORATION – The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, crackling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
EXPOSED TO PUBLIC VIEW – Any premises or part of any premises which may be lawfully viewed by the public or any member thereof.
EXTERIOR OF PREMISES – Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto; and the open land space of any premises outside of any building or structure erected thereon.
EXTERMINATION – The control and elimination of insects, rodents and vermin.
FRONT YARD – That space on the same lot with a principal building situated between the front street line or lines and the front line of the building projected to the side property lines. The depth of the front yard shall be measured along a line perpendicular to the front street line or right-of-way line from the point of the foundation of the structure or building closest from such street line.
GARBAGE – Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
INFEST ATION – The presence of rodents, vermin, insects or other pests on the premises which constitutes a health hazard.
NUISANCE-
(1) Any public or private condition so defined by common law or that would constitute a nuisance according to the statutes, laws and regulations of the State of New York, its governmental agencies or the Code or ordinances of the Town of Kirkland;
(2) Any physical condition existing in or on the exterior of any premises which is potentially dangerous, detrimental or hazardous to the life, health or safety of persons on, near or passing within the proximity of premises where such condition exists;
(3) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures; or detrimental to the health or safety of children, whether in a building, on the premises of a building or upon an unoccupied lot;
(4) Any premises which are manifestly capable of being a fire hazard or are manifestly unsafe or unsecure as to endanger life, limb or property;
(5) Any premises which are unsanitary or which are littered with rubbish or garbage or which have an uncontrolled growth of weeds; or conditions which render air, food or drink unwholesome or detrimental to the health of human beings; or
(6) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to an extent as not to provide shelter; in danger of collapse or failure; and is dangerous to anyone on or near the premises.
OCCUPANT – Any person residing, living or sleeping in or on the premises or having – actual possession, use or occupancy of a dwelling, premises or rooming unit, or any person or entity in possession of or using any premises, or part thereof, whether or not the owner thereof, and regardless of the duration of time of such possession, use or occupancy.
OPERATOR – Any person, persons or entity not the owner who has charge, care or control of a dwelling or premises or a part thereof, with or without the knowledge, consent or authority of the owner.
OWNER – Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof with or without accompanying actual possession thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sublessee or assignee of a lessee of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have responsibility over the portion of the premises so sublet, leased or assigned.
PREMISES – A lot, plot or parcel of land, right-of-way, or multiples thereof, including the buildings or structures thereon.
REFUSE or RUBBISH – All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage; trash; ashes; paper; paper goods and products; wrappings; cans; bottles; containers; yard clippings; garden waste; debris; junk; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances; bedding; scrap lumber; scrap metal; construction material; dead or rotting vegetation; tires; abandoned, inoperative or unusable automobiles and vehicles; and solid commercial or industrial waste.
§ 68-28. Compliance required.
All structures and premises, residential, commercial and industrial, shall comply with the provisions of this article, whether or not those structures and premises have been constructed, altered or repaired before or after the enactment of this article and irrespective of any permits or licenses which may have been issued for their use or occupancy prior to the effective date of this article. Vacant lots, lands and premises are also required to comply with the provisions of this article.
§ 68-29. Higher standards to prevail.
In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Town of Kirkland or under the laws or regulations of the State of New York, then the standards as set forth herein shall prevail. If the provisions of this code impose a” lower standard than any other ordinance of the Town of Kirkland or of the laws and regulations of the State of New York, then the higher standard contained in any such ordinance or law shall prevail.
§ 68-30. Compliance with other provisions.
No certification of compliance with this code shall constitute a defense against any violation of any other ordinance of the Town of Kirkland applicable to any structure or premises.
§ 68-31. Applicability of zoning regulations.
Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Chapter 118, Zoning, or other ordinances regulating land use of the municipality.
§ 68-32. Maintenance.
A. It shall be the duty of the owner, operator and/or occupant to keep the exterior of the premises free of nuisances, which include but are not limited to the following:
(1) Garbage and/or refuse.
(2)Natural growth, such as dead and dying or storm-damaged trees and limbs or other growth which, by reason of its condition or nature, constitutes a hazard to persons lawfully in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions. Owners of vacant premises must keep them free of nuisances.
(3) Ground surface hazards, such as holes, excavations, breaks and projections, on residential premises within five feet of an unfenced property line or on any part of a nonresidential premises to which the public has lawful access.
(4) Sources of infestation, including all environments and conditions conducive to the increase or spread of vermin.
B. It shall be the duty of the owner, operator and/or occupant to keep and maintain the exterior of the premises and structures so that the appearance of the same shall not constitute a blighting factor, including but not limited to landscaping. Premises shall be kept from becoming overgrown and/or unsightly. Vegetation along the public right-of-way shall be kept from becoming a hazard to pedestrians and motorists.
§ 68-33. Condition of premises.
A. Sanitation. All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition, free from any accumulation of rubbish or garbage.
B. Insect and rat control. An owner of a structure or property shall be responsible for the extermination of insects, rats, vermin or other pests in all exterior and interior areas of the premises. Whenever infestation exists in the shared or public parts of the premises of other than a single-family dwelling, extermination shall be the responsibility of the owner.
C. Prohibited conditions. The exterior of all premises shall be kept free of the following matter, materials or conditions:
(1) Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations.
(2) Abandoned iceboxes, refrigerators, heaters, television sets and other similar major appliances.
(3) Animal excrement.
(4) Buried rubble, refuse or rubbish.
(5) Nuisances as herein above defined.
§ 68-34. Exterior structure.
The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.
§ 68-35. Vacant buildings.
A. Definition. An “unoccupied or vacant building” shall mean any structure intended for residential or commercial use which is not currently occupied or in use. For the purpose of the enforcement of this article, a presumption shall exist that a structure vacant for six months is not currently occupied or in use.
B. Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
C. Basic equipment and facilities. Every unoccupied or vacant building must comply with the following minimum standards for basic equipment and facilities:
(1) Plumbing. All plumbing fixtures shall be properly installed and be m sound condition and good repair.
(2) Electricity. Every existing outlet and fixture shall be properly connected. Wiring and service lines shall be maintained in good and safe working condition.
(3) Heating plant. The heating plant shall be maintained in a safe condition.
(4) Cooking equipment. All cooking equipment shall be maintained in a safe condition.
D. Safety from fire. All owners of unoccupied or vacant buildings shall comply with the applicable provisions of the New York State Fire Prevention and Building Code and the following additional standards for safety from fire:
(1) No unoccupied or vacant building shall contain any space utilized for the storage of flammable liquids.
(2) Doors and windows shall be boarded up and shall be covered with no less than one-half-inch exterior plywood or equivalent, which shall be the same color as the building exterior.
E. Safe and sanitary maintenance. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereof shall reflect a level of maintenance in keeping with the standards -of the neighborhood and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values.
F. Further responsibilities of owners. All owners of unoccupied or vacant buildings shall be required to comply with the following standards:
(1) Any yard area (front, side and rear) adjacent to an unoccupied or vacant building shall be cleared and maintained free of trash, solid debris or any other materials that cause litter to accumulate to unhealthy and blighting proportions.
(2) Grass, weeds or vegetation shall not be permitted to grow or remain on the side, front and/or rear yards of any unoccupied or vacant building so as to exceed a height of 12 inches. Any edible vegetation planted for some useful or ornamental purpose shall not be governed by this provision.
(3) When a vacant dwelling is found to be infested with rats, termites, roaches and/or any other insects and vermin, the owner shall undertake an expedient means of extermination of such nuisances.
§ 68-36. Existing remedies.
Nothing in this article shall be deemed to abolish or impair existing remedies of the municipality or its officers or agencies relating to the removal or demolition of any building or structure which is deemed to be dangerous, unsafe or unsanitary.
§ 68-37. Enforcement.
A. Enforcement officer. The Building Inspector, or his designee, or the Code Enforcement Officer of the Town of Kirkland is hereby designated as the officer in charge with the enforcement of this code and is hereinafter referred to as the “enforcement officer.”
B. The enforcement officer shall cause to be made such inspections of premises within the Town of Kirkland as he shall deem necessary to effect compliance with this article and shall have the authority to use the services of and public authority in the enforcement of this code.
C. Notice to owner, operator or occupant upon noncompliance. Following inspection, if the enforcement officer determines that the premises are not in compliance with this article, he shall then issue and cause to be served upon the owner, operator and/or occupant of the premises a written notification, stating the nature of the violation and the corrective action sought, and allow for its correction, within a period (not to exceed 30 days, exclusive of the day of service) to be determined by the Building Inspector or Zoning Enforcement Officer. In cases where the violation presents a clear and present danger to public health and safety, the complaint is to be turned over to Oneida County Health Department, and/or the complaint is to be processed in Town Court for prompt action within its jurisdiction.
D. Service of notice. In the case of an owner or operator, the notice may be served personally upon him or by registered mail or certified mail, addressed to the last known address. If after due diligence the last known address cannot be ascertained, the notice may be posted on the outside front entrance of the structure. Personal service of the notice may be upon a member of the family or the owner or operator over 14 years of age, residing in the same dwelling unit with the owner or operator, as the case may be. In the case of the occupant, notice may be mailed or delivered to him at his place of business or posted to the door of the occupant’s premises.
E. Protest; hearing before Town Board; subsequent actions.
(1) Within three working days following receipt of the notice of violation, the person receiving such notice may file an objection, in writing, to the enforcement officer, and any such person shall be afforded a hearing before the Town Board as soon as is reasonably possible. The Town Board may, in its discretion, modify or withhold strict enforcement of this article.
(2) If the decision rendered by the Town Board after the hearing upholds the decision of the enforcement officer, a second notification shall be issued and served allowing such time period as is established by the Town Board for correction of the violation and carrying notice of the penalties which will be imposed for failure to comply.
§ 68-38. Emergency situations.
Where the violations or conditions existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the enforcement officer may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the enforcement officer shall abate the condition subject to the provisions of § 68-39 of this article.
§ 68-39. Abatement by Town; expense.
Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to ordinances of the Town of Kirkland or applicable laws of the State of New York requires expending Town moneys, the enforcement officer shall present a report of work proposed to be done to accomplish the foregoing to the Town Board with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The Town Board may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with this code. The enforcement officer shall thereafter proceed to have the work performed in accordance with the resolution at municipal expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the moneys expended and costs to the Town Board. After review of the report, the Town Board may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Town Clerk and filed with the Tax Collector of the Town, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises.
§ 68-40. Penalties for offenses.
A. Where any owner, operator or occupant fails to comply with an order issued pursuant to this article, he shall be deemed in violation of this article and shall be subject to the penalties provided herein. It shall be the duty of the enforcement officer to cause a summons to be issued from the Town Court for such violation, but nothing contained herein shall limit the power of the enforcement officer to take such further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.
B. Each violation of any of the provisions of this article and each day that the violation exists shall constitute a separate and distinct offense and shall be punishable by a fine not to exceed $500 per day and per offense, levied against the owner, operator or occupant, with a minimum fine of $100 per day.
C. Where abatement of any nuisance, as defined herein, was accomplished and premises brought into compliance with this article through the expenditures of Town of Kirkland funds, such costs shall be assessed against the premises, cited as a lien in the same manner as real estate taxes.
§ 68-41. Compliance inspection.
Upon issuance of a notice of violation pursuant to this article, the property owner, operator/or occupant shall correct the condition and notify the enforcement officer that said condition has been corrected. A compliance inspection shall then be made. Should full compliance not be achieved at the time of said inspection, the Town shall be reimbursed by the property owner for the cost of all reinspections. Failure to reimburse the Town of Kirkland shall result in a lien for said cost being placed against the property in the same manner as real estate taxes.
§ 68-42. Fees.
There shall be no fee for an initial compliance inspection made following the issuance of a notice of violation required pursuant to this article. Fees for subsequent inspections to determine compliance shall be $25 for the first inspection and shall increase in increments of $25 for subsequent inspections.
§ 68-43. Severability.
Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remaining portions thereof shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this article are hereby declared to be severable.
§ 69-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
JUNK VEHICLE –
A. Any motor vehicle that is inoperative or no longer used as such; such a vehicle is a junk vehicle regardless of the fact that the vehicle is for sale; or
B. Any vehicle, including trailers and mobile homes no longer used as such, whether for the purpose of resale of used parts or components therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose.
C. Lack of a current and valid New York State license or registration plates and inspection sticker shall constitute prima facie evidence that such motor vehicle is inoperative.
§ 69-2. Junk vehicles prohibited.
The owner, occupant or tenant of any parcel or lot of land situate within the Town of Kirkland shall not store, permit, leave or allow any junk vehicle on any parcel or lot for a period exceeding five consecutive days, unless the vehicle is validly registered under New York law and displays current and valid license or registration plates and current New York State motor vehicle inspection stickers, unless said vehicle is stored within a completely enclosed building and is not visible.
§ 69-3. Violations; penalties for offenses.
A person in violation of this chapter shall be guilty of a violation, subject to the following:
A. Warning. A warning notice to correct the violation within 10 days from the date of notice shall be posted on the property or vehicle or mailed to the owner, occupant or tenant.
B. First offense. Upon failure to correct within 10 days from the date of the warning or upon the expiration of the period specified in the notice of violation, the fine shall be the sum of $50.
C. Second offense. Upon failure to correct the violation after five days from date of the first offense or upon expiration of the period specified in the notice of violation, the fine shall be the sum of $100.
D. Third offense. Upon failure to correct the violation after five days from the date of the second offense or upon expiration of the period specified in the notice of violation, the fine shall be the sum of $150.
E. Upon any subsequent violation after the expiration of the period specified in the notice of violation, the fine shall be the sum of $150.
F. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such local law or regulation shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
§ 69-4. Declaration that vehicle is abandoned.
Notwithstanding the provisions regarding this chapter, the Zoning Enforcement Officer or police may, after issuance of a warning, declare the vehicle “abandoned,” cause the vehicle to be removed from the property and dispose of said vehicle or sell said vehicle as abandoned property. The responsible party may redeem the vehicle within five days from the date of the notice of the declaration that the vehicle is abandoned, upon payment of all administrative fees, fines for the violations and costs of towing and storage charges and upon proof that the vehicle is validly registered with the State of New York and that it bears a valid registration or license plate and current inspection stickers.
§ 69-5. Certificate to permit storage.
Any person subject to the provisions of this section may apply to the Zoning Enforcement Officer for a certificate to permit storage of a vehicle for a period of 30 days. A nonrefundable application fee for a certificate to permit storage shall be the sum of $50 and shall accompany the application. This certificate shall not be subject to renewal or extension.
A. The Zoning Enforcement Officer, upon the receipt of the application and application fee, shall issue a permit to allow one unregistered vehicle for a period not exceeding three months for the purposes of repair or sale.
B. The issuance of a certificate shall stay any violation of this section during the period specified in the certificate. Upon failure to correct the violation after five days from expiration of the three-month period, or upon expiration of the period specified in the notice of violation, the fine shall be the sum of $100, and in addition the vehicle shall be subject to the provisions relating to a declaration that the vehicle is abandoned under the above § 69-4.
§ 85-1. Purpose.
The purpose of this chapter is for the protection and preservation of the property of the Town of Kirkland, Oneida County, New York, consisting of the Town Park; and to establish rules and regulations for the use, care, maintenance, protection, preservation and enjoyment thereof to the residents of the Town of Kirkland.
§ 85-2. Season; hours.
The park shall be open to the general public between May 1 and October 25 of each year hereafter between the hours of 7:00 a.m. and dusk each day and at other times as may be authorized by the Town Board.
§ 85-3. Parking of vehicles.
All vehicles shall be operated or parked only upon clearly marked and designated roadways and parking areas, and at no time shall any vehicle be operated at a speed greater than 15 miles per hour.
§ 85-4. Damage or destruction of park property.
There shall be no willful damage or destruction of park property. Park property shall include, but not be limited to, appliances, buildings, trees, shrubs and amusement and convenience fixtures and appendages.
§ 85-5. Open fires.
Fires are restricted to those receptacles furnished for general public use or, in the alternative, fire boxes owned by the users thereof. Any other open fire is forbidden at any time.
§ 85-6. Organized groups.
Organized groups of over 15 persons must obtain a permit from the Town Board, or such person or persons as the Town Board may hereafter designate and authorize to issue such permits.
§ 85-7. Firearms.
Firearms, including any type of weapon, fireworks, explosive and dangerous instrument (as defined by the Penal Law) are forbidden within the park at any time.
§ 85-8. Dogs.
Dogs are not allowed within the park, except upon a leash.
§ 85-9. Disposal of refuse.
Littering is specifically prohibited, and all refuse shall be deposited in receptacles placed at intervals about the park for that purpose.
§ 85-10. Compliance with rules and regulations; ejection from park.
Those persons within the boundaries of the park, whether using its facilities or not, are subject to the rules and regulations contained herein and may be ejected from the park in the event they violate any rule or regulation.
§ 85-11. Audio-amplification equipment.
The use of any audio amplification equipment is prohibited, unless specifically authorized by the Park Committee Chairman or his designated representative. Such written permission must be on the person of the individual operating such audio amplification equipment at such time as the equipment is in use.
§ 85-12. Live musical entertainment.
Bands, orchestras or other live musical entertainment, whether performed by one or a group of musicians, is prohibited from performing in the park without the specific permission of the Park Committee Chairman or his designated representative. Such written permission must be on the person of said musicians at the time of their performance.
§ 85-13. Alcoholic beverages. [Added 2-27-19861 ]
Alcoholic beverages of any kind are not allowed in the Town park at any time.
§ 85-14. Park Committee Chairman. 2
For the purpose of this chapter, the Park Committee Chairman is hereby defined as an individual who is a member of the Kirkland Town Board and who has been named by the Town Board as the “Park Committee Chairman.”
§ 85-15. Penalties for offenses. [Amended 9-11-1989 by L.L. No. 1-1989]
An offense against the provisions of this chapter, rule, regulation or specific provision thereof shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
THE UNIFORM SEWER USE LAW FOR THE CLINTON SEWER SERVICE AREA, HAMILTON COLLEGE SEWER DISTRICT, TOWN OF KIRKLAND AND VILLAGE OF CLINTON
ARTICLE 1
SHORT TITLE AND PURPOSE
Section 101 – Short Title
For brevity and ease of communication, this Law may be cited as the Town of Kirkland Sewer Use Law.
Section 102 – General Purpose
The general purpose of this Law is the following:
To provide for efficient, economic, environmentally safe, and legal operation of the publicly owned treatment works within the Town of Kirkland.
Section 103 – Specific Purposes
The specific purposes of this Law are the following:
(1) To prevent the introduction of substances into the publicly owned treatment works (hereinafter referred to as POTW) that will:
(a) interfere with the POTW in any way,
(b) pass through the POTW to the state’s waters and cause contravention of standards for those waters or cause violation of the POTW’s SPDES permit,
(c) increase the cost or otherwise hamper the disposal of POTW sludge and/or residuals,
(d) endanger municipal employees,
(e) cause air pollution, or groundwater pollution, directly or indirectly,
(f) cause, directly or indirectly, any public nuisance condition.
(2) To prevent new sources of infiltration and inflow and, as much as possible, eliminate existing sources of infiltration and inflow.
(3) To assure that new sewers and connections are properly constructed.
(4) To provide for equitable distribution to all users of the POTW of all costs, associated with sewage transmission, treatment, and residuals disposal, and to provide for the collection of such costs.
Section 104 – Replacement of Previous Sewer Use Law
The provisions in the existing Town of Kirkland Code, Chapter 95 of the Code of the Town of Kirkland entitled “Sewers”, is hereby amended and restated and said provisions are replaced by the herein set forth Articles 1 through 14 inclusive.
ARTICLE 2
DEFINITIONS
Section 201 – Defined Terms
Unless otherwise stated in the section where the term is used in this Law, the meaning of terms used in this Law shall be as stated below. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular and vice versa. Furthermore, a masculine pronoun shall include the feminine. Shall is mandatory; may is permissive.
Abnormal Sewage – Sewage whose concentration of one or more characteristics of normal sewage exceeds the maximum concentrations of the characteristics of normal sewage. See normal sewage.
Act or “THE ACT” – The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 D.S.C. 1251, et seq., as may be amended.
Administrator – The Regional Administrator of the U. S.
Environmental Protection Agency – (USEPA), Region 2.
Ammonia – The result obtained, using an approved laboratory procedure, to determine the quantity of ammonia in a sample, expressed as milligrams of nitrogen per liter.
Applicant – That person who makes application for any permit. The applicant may be an owner, new or old, or his agent.
Approval Authority – The USEPA, or the New York State Department of Environmental Conservation (NYSDEC), in the event the NYSDEC is delegated approval authority responsibility by the USEPA.
Approved Laboratory Procedure -The procedures defined as , Standard Methods’ in this article, or other procedures approved by the Superintendent, for flow measurement or determination of the concentration of pollutants or their surrogates in waters, wastewaters, and/or sludges.
ASTM, denoting American society for Testing and Materials – The latest edition of any ASTM specification, when stipulated in this Law.
Authorized Representative of the Industrial User – An authorized representative of the industrial user may be:
(a) A principal executive officer of at least the level of vice-president, if the industrial user is a corporation;
(b) A general partner or proprietor, if industrial user is a partnership or proprietorship, respectively;
(c) A duly authorized representative of the individual designated above, if such representative is responsible for the overall operation of the facilities from which the indirect discharge originates.
BOD, denoting Biochemical Oxygen Demand – The result obtained when using an approved laboratory procedure to determine the quantity of oxygen utilized in the aerobic biochemical oxidation of organic matter or in a sample, expressed in milligrams per liter.
Builder – Any person who undertakes to construct a building or any part of a building, either under contract or for resale.
Building Drain – That part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the building walls, and conveys it to the building lateral, which begins five (5) feet outside the inner face of the building wall.
Chlorine Demand – The result obtained when using an approved laboratory procedure to determine the difference between the amount of chlorine added to a sample and the amount of chlorine remaining in the sample at the end of a specified contact time at room temperature, expressed in milligrams per liter.
Clinton Sewer Service Area – The Clinton Sewer Service Area includes the Village of Clinton, the Hamilton College Sewer District and the consolidated sewer district of Town of Kirkland, Oneida County, New York. The Clinton Sewer Service Area is designated in an inter-municipal agreement between Hamilton College Sewer District, the Village of Clinton and the Town of Kirkland dated October 8, 1975 and as shown on a map prepared by Stearns and Wheler, Civil and Sanitary Engineers dated June 24, 1976.
COD, denoting Chemical Oxygen Demand – The result obtained when using an approved laboratory procedure to measure the oxygen requirement of that portion of matter, in a sample, that is susceptible to oxidation, by a specific chemical oxidant, expressed in milligrams per liter.
Color – The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
Composite Sample – The sample resulting from the combination of individual samples of wastewater taken at selected intervals, for a specified time period. The individual samples may have equal volumes or the individual volumes may be proportioned to the flow at the time of sampling.
Connection – Attachment of one user to a sewer. (See Extension)
Connection Charge (Tap Fee) – The one time application fee to offset Town of Kirkland expenses to process an application for a connection of a building/street lateral to the public sewer. The fee also covers plan review, permit issuance, street repair cost, and inspection costs. The fee may be scaled to the amount of work involved, or to the size of the public sewer involved.
Control Authority – The term shall refer to “Approval Authority”, or to the superintendent when the appropriate municipal board has an approved pretreatment program under the provisions of 40 CFR 403.11.
Control Manhole – A manhole accessible to the Control Authority in or upstream of the street lateral, such that samples collected from the manhole represent the discharge to the POTW.
Conventional Pollutant – A pollutant that the POTW treatment plant was designed to treat, defined in accordance with the Act.
Cooling Water – The water discharged from any system of condensation, air conditioning, refrigeration, or other sources. It shall contain no polluting substances which would produce COD or suspended solids in excess of five (5) milligrams per liter, or toxic substances, as limited elsewhere in this Law.
County – The County of Oneida, in which Hamilton College, the Village of Clinton and the Town of Kirkland are located.
Developer – Any person who subdivides land for the purpose of constructing, or causing to be constructed, buildings for which wastewater disposal facilities are required.
Direct Discharge – The discharge of treated or untreated wastewater directly to the Waters of the State of New York. (For reference, see Indirect Discharge.)
Domestic Wastes – see Sewage, Domestic.
Dry Sewers – The sanitary sewer installed in anticipation of future connection to a POTW but which is not used, in the meantime, for transport of storm or sanitary sewage.
End of Pipe – For the purpose of determining compliance with limitations prescribed by Article 9, end of pipe shall mean the control manhole, provided the samples collected from the control manhole are representative of the discharge to the POTW.
End of Pipe Concentration – The concentration of a substance in a sample of wastewater at end of pipe.
End of Process Concentration Pretreatment Standard. – see National Categorical
Easement – An acquired legal right for the specific use of land owned by others.
EPA, USEPA, or U.S. Environmental Protection Agency – The agency of the federal government charged with the administration and enforcement of federal environmental laws, rules, and regulations. Also may be used as a designation for the Administrator or other duly authorized official of this Agency.
Equivalent Household Unit (EHU) – The unit used to arrive at the payment for debt service and operation and maintenance costs for the sewage treatment plants within the Town of Kirkland
dwelling category
equivalent household unit
single-family dwelling
1
multiple-family dwelling (each unit)
1
trailer
1
apartment building:
1-bedroom (each unit)
1/4
2-bedroom (each unit)
1/2
3 or more bedrooms (each unit)
1
schools:
each group of 15 pupils and/or staff
1
medical center:
each office and/or examining room
1/3
commercial or industrial establishments:
each increment of consumed water entering
sewer system @ 250 gallons per day
1
churches
1
nursing homes:
each group of 5 residents
1
vacant lot along sewer route (per building lot)
1/4
Extension – Attachment of a sewer line, with more than one user, to an existing sewer line.
Floatable Oil – Oil, grease, or fat in a physical state such that it will separate by gravity from wastewater by treatment in a wastewater treatment facility.
Flow Rate – The quantity of liquid or waste that flows in a certain period of time.
Garbage – The solid wastes from the preparation, cooking, and dispensing of food, from the handling, storage, and sale of produce, and from the packaging and canning of food.
Grab Sample – A single sample of wastewater representing the physical, chemical, and biological characteristics of the wastewater at one point and time.
Hamilton College – is an educational institution incorporated on May 26, 1812 in the State of New York.
Hamilton College Sewer District – is a municipal sewer district established under and by Section 228 of the Education Law of the State of New York as amended, and is described on a map of the sewer district dated July 30, 1971.
ICS Form – The form used by the NYSDEC to survey industries to perform and update the Industrial Chemical Survey.
Indirect Discharge – The introduction of wastewater into a POTW for treatment and ultimate discharge of the treated effluent to the State’s Waters. (For reference, see Direct Discharge)
Industrial – Meaning or pertaining to industry, manufacturing, commerce, trade, business, or institution, and is distinguished from domestic or residential.
Industrial Chemical Survey (ICS) – The survey of industries in New York State, initiated by the NYSDEC, to determine chemical usage and storage by those industries.
Industrial User – See User, Industrial
Industrial Wastes – The liquid or liquid-carried solid, liquid and/or gaseous wastes from industrial manufacturing processes, trade, service, utility, or business, as distinct from sanitary sewage.
Infiltration – Water, other than wastewater, that enters a sewer system (excluding building drains) from the ground through such means as defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from, inflow. Infiltration is inadvertent, that is, not purposely designed or built into the sewer or drain.
Inflow – Water, other than wastewater, that enters a sewer system (including building drains) from sources such as, but not limited to, roof leaders, cellar drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, foundation drains, swimming pools, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from, infiltration. Inflow is purposely designed and/or built into the sewer or drain.
Interference – A discharge which, alone or in conjunction with discharges by other sources,
(a) inhibits or disrupts the POTW, processes or operations, or processes, use or disposal; and its treatment its sludge
(b) therefore is a cause of a violation of any requirement of the Town of Kirkland POTW’s SPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal by the POTW in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations) :
i. Section 405 of the Clean Water Act,
ii. the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act – RCRA) , and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D or the SWDA) ,
iii. Clean Air Act,
iv. Toxic Substance Control Act, and
v. Marine Protection Research and Sanctuaries Act.
Lateral, Building – The sewer extension from the building drain to the Street Lateral or other place of wastewater disposal.
Lateral, Street – The sewer extension from the public sewer to the property line.
Municipal Board – For all properties within the Clinton Sewer Service Area, the municipal board shall mean the advisory board of the Clinton Sewer Service Area. For all properties outside the Clinton Sewer Service Area, the municipal board shall be the Town Board of the Town of Kirkland.
National Categorical Pretreatment Standard, or Categorical Standard – Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307 (B) and (C) of the Act (22 D.S.C. 1347), which applies to a specific category of industrial users. These standards apply at the end of the categorical process (‘end of process”) .
National Pollutant Discharge Elimination System (NPDES) Permit – A permit issued pursuant to Section 402 of the Act (33 D.S.C. 1342).
National Prohibitive Discharge Standard, or Prohibitive Discharge Standard – Any regulation developed under the authority of Section 307 (B) of the Act, and 40 CFR, Section 403.5.
Natural Outlet – Any outlet, including storm sewers and combined sewer overflows, to State’s Waters.
New Owner – That individual or entity who purchased property wi thin the Service Area of the Town of Kirkland after the effective date of this law.
New Source – Any source, the construction of which is commenced after the publication of the proposed regulation prescribing a Section 307 (C) (33 D.S.C 1317) Categorical Pretreatment Standard which will be applicable to such source, if such standard is thereafter promulgated.
New User – A discharger to the POTW who commences discharge after the effective date of this Law.
Normal Sewage – see Sewage, Normal.
Nuisance – The use or lack of use of the POTW in such a manner so as to endanger life or health, give offense to the senses, or obstruct or otherwise interfere with the reasonable use or maintenance of the POTW.
Oil and Grease – The result obtained when using an approved laboratory procedure to determine the quantity of fats, wax, grease, and oil, in a sample, expressed in milligrams per liter.
Old Owner – That individual or entity who owns or owned a property, within the Service Area of the POTW, purchased prior to the effective date of this Law, who or inherited the property at any time and intends to sell the property, or has sold the property to a new owner, also the agent of the old owner.
Owner – Any individual, firm, company, association, society, person or group having title to real property which is serviced by any POTW within the Town of Kirkland.
Other Wastes – Garbage (shredded or unshredded), refuse, wood, egg shells, coffee grounds, sawdust, shavings, bark, sand, lime, ashes, and all other discarded matter not normally present in sewage or industrial wastes. Also, the discarded matter not normally present in sewage or industrial waste.
Pass Through – The discharge which exits the POTW within the Town of Kirkland into waters of the State in quantities, which, alone or in conjunction with Discharges from other sources, is a cause of a violation of any requirement of the POTW’s SPDES permit (including an increase in the magnitude or duration of a violation) .
Permit – A temporary revocable written document allowing use of the POTW for specified wastes over a limited period of time, containing sampling locations and reporting frequencies, and requiring other actions as authorized by this Law.
Person – Any individual, public or private corporation, political subdivision, Federal, State, or local agency or entity, association, trust, estate or any other legal entity whatsoever.
pH – The logarithm (base 10) of the reciprocal of the weight of hydrogen ions, in gram moles per liter of solution. A pH value of 7.0, the pH scale midpoint, represents neutrality. Values above 7.0 represent alkaline conditions. Values below 7.0 represent acid conditions.
Phosphorus, total – See total phosphorus.
Pollutant – Any material placed into or onto the State’s waters, lands and/or airs, which interferes with the beneficial use of that water, land and/or air by any living thing at any time.
Pollution -The man-made or man-induced alteration of the chemical, physical, biological, and/or radiological integrity of the State’s waters, lands and/or airs resulting from the introduction of a pollutant into these media.
Pretreatment (Treatment) – The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW. The reduction or alteration can be achieved by physical, chemical, or biological process, process changes, or by other means, except as prohibited by 40 CFR, Section 403.6 (D).
Pretreatment Requirements – Any substantive or procedural requirement related to pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
Pretreatment Standard or National Pretreatment Standard – Any Categorical Standard or Prohibitive Discharge Standard.
Priority Pollutants – The most recently revised or updated list, developed by the EPA, in accordance with the Act.
Prohibitive Discharge Standard – see National Prohibitive Discharge Standard.
Properly Shredded Garbage – The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, and with no particle having a dimension greater than one-half (1/2) inch in any dimension.
POTW Treatment Plant – That portion of the POTW designed to provide treatment to wastewater, and to treat sludge and residuals derived from such treatment.
Publicly Owned Treatment Works (POTW) – A treatment works, as defined by Section 212 of the Act, (33 U.S.C 1292), which is within village of Clinton, or the Clark Mills Sewer District within the Town of Kirkland. This definition includes any sewers and appurtenances that transport wastewater to the POTW treatment plant, but does not include pipes, sewers, or other conveyances not connected directly or indirectly to a facility providing treatment.
Receiving Waters – A natural water course or body of water (usually Waters of the State) into which treated or untreated sewage is discharged.
Roof Drain – A drain installed to receive water collecting on the surface of a roof for disposal.
Sanitary Inspector – The Sanitary Inspector is the individual nominated and appointed by the Town Board of the Town of Kirkland, his duly appointed constituted agent or representative, or his designee.
Septage – All liquids and solids in and removed from septic tanks, holding tanks, cesspools, or approved type of chemical toilets, including but not limited to those serving private residences, commercial establishments, institutions, and industries. Also sludge from small sewage treatment plants. Sept age shall not have been contaminated with substances of concern or priority pollutants.
Septic Tank – A private domestic sewage treatment system consisting of an underground tank (with suitable baffling), constructed in accordance with any and/or all local and State requirements.
Service Area of the POTW – The legally defined bounds of real property from which wastewater may be discharged into the POTW. The bounds shall be established, altered, changed, modified, reduced, enlarged, combined, or consolidated by action of the Town Board of the Town of Kirkland.
Sewage – A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, and such ground, surface, and storm water as may be inadvertently present. The admixture of sewage, as defined above, with industrial wastes and other wastes shall also be considered “sewage”, within the meaning of this definition.
Sewage, Domestic (Domestic Wastes) – Liquid wastes from the non-commercial preparation, cooking, and handling of food, liquid wastes containing human excrement and similar matter from the sanitary conveniences in dwellings, commercial buildings, industrial buildings, and institutions, or liquid wastes from clothes washing and/or floor/wall washing. Therefore, domestic sewage includes both black water and grey water. (See Sewage, Sanitary)
Sewage, Normal – Sewage, industrial wastes, or other wastes, which show, by analysis, the following characteristics:
(a) B.O.D. (Five Day) – 2090 Ibs. per million gallons (250 milligrams per liter), or less.
(b) Suspended Solids – 2500 Ibs. per million gallons (300 milligrams per liter), or less.
(c) Phosphorus – 125 lbs. per million gallons (15 milligrams per liter), or less.
(d) Ammonia – 250 lbs. per million gallons (30 milligrams per liter), or less.
(e) Total Kjeldahl Nitrogen – 417 lbs. per million (50 milligrams per liter), or less.
(f) Chlorine Demand – 209 lbs. per million gallons (25 milligrams per liter), or less.
(g) Chemical Oxygen Demand – 2920 lbs. per million gallons (350 milligrams per liter), or less
(h) Oil and Grease – 830 lbs. per million gallons (100 milligrams per liter), or less.
In spite of satisfying one or more of these characteristics, if the sewage also contains substances of concern, it may not be considered normal sewage.
Sewage, Sanitary – Liquid wastes from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories, or institutions, and free from storm water, surface water, industrial, and other wastes. (See Domestic Wastes)
Sewage Treatment Plant (Water Pollution Control Plant) – see POTW Treatment Plant
Sewage, Unusual Strength or Character – Sewage which has characteristics greater than those of Normal Sewage and/or which contains Substances of Concern.
Sewage Works – All facilities for collecting pumping, treating and disposing of sewage.
Sewer – A pipe or conduit for carrying or transporting sewage.
Sewer, Combined – A sewer designed to receive and transport both surface runoff and sewage.
Sewer District – It shall mean any sewer district within the Town of Kirkland including, but not limited to the Hamilton College Sewer District, Consolidated Sewer District, Clark Mills Sewer District, Route 5 Sewer District, and any other sewer district established by the Town Board of the Town of Kirkland. All portions of a sewer system located in the Town of Kirkland must be located within a sewer district.
Sewer, Public – A sewer in which all abutting property owners have equal rights, and the use of which is controlled by any sewer district within the Town of Kirkland, including any sewer within the Clinton Sewer Service Area as defined by the inter- municipal agreement dated October 8, 1975.
Sewer Rents – A scale of annual charges established and imposed by the Town of Kirkland pursuant to this article for the use of a sewer system or any part or parts thereof set forth in Article 12 herein. Such charges may be based on either (a) the consumption of water on the premises connected with and served by the sewer systems or such part or parts thereof, (b) the number and kind of plumbing fixtures on the premises connected with and served by the sewer system or such part or parts thereof, (c) the number of persons served on the premises connected with and served by the sewer system or such part or parts thereof, (d) the volume and character of sewage, industrial waste and other wastes discharged into the sewer system or such part or parts thereof, or (e) upon any other equitable basis determined by the local legislative body, including but not limited to any combination of the foregoing.
Sewer, Sanitary – A sewer which carries sewage, and to which storm, surface, and groundwaters are not intentionally admitted.
Sewer, Storm (Storm Drain) – A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastewaters, other than cooling waters and other unpolluted waters.
Sewerage System (also POTW) – All facilities for collecting, regulating, pumping, and transporting wastewater to and away from the POTW treatment plant including all sewer pipes and other appurtenances which are used or useful in whole or in part in connection with the collection, treatment or disposal of sewage, industrial waste and other wastes and which are owned, operated or maintained by sewer district in the Town of Kirkland, including sewage pumping stations and sewage treatment and disposal works and private on-site wastewater disposal systems, if any.
Part of the “sewer system” includes: all lateral sewers, or all branch sewers, or all interceptor sewers, or all truck sewers, and any sewage treatment and disposal works, and private on-site wastewater disposal systems, each part with necessary appurtenances including sewage pumping stations
Sewer Superintendent – The duly authorized or designated superintendent of the respective sewer district within the Town of Kirkland.
Sewerage Surcharge – The demand payment for the use of a public sewer and/or sewage treatment plant for the handling of any sewage, industrial wastes, or other wastes accepted for admission thereto in which the characteristics thereof exceed the maximum values of such characteristics in normal sewage. (See Volume Charge.)
Significant Industrial User – see User, Significant Industrial
Significant Non-Compliance (SNC) – A User is in significant non-compliance if its violation(s) meet(s) one or more of the following criteria:
(a) Chronic violations of wastewater discharge limits , defined here as those, in sixty-six (66) percent or more of all of the measurements taken during a six- month period, which exceed (by any magnitude) the daily maximum limit or average limit for the same pollutant parameter;
(b) Technical Review Criteria (TRC) violations, defined here as those, in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six-month period, which equal or exceed the product of the daily maximum limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease; TRC = 1.2 for all other pollutants);
(c) Any other violation of a pretreatment effluent limit (daily maximum or long-term average) that the Superintendent determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of EW personnel or the general public) ;
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the Superintendent’s exercise of its emergency authority under Article 11 of this Law;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance
(f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to report accurately any non-compliance;
(h) Any other violation which the Superintendent determines will adversely affect the implementation or operation of the local pretreatment program
Slug – A substantial deviation from normal rates of discharge or constituent concentration (see normal sewage) sufficient to cause interference. In any event, a discharge which, in concentration of any constituent or in quantity of flow, that exceeds, for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flow during normal user operations, shall constitute a slug.
Standard Industrial Classification (SIC) – A classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget, 1972, and subsequent revisions.
Standard Methods – Procedures contained in the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association, procedures established by the Administrator, pursuant to Section 304 (G) of the Act and contained in 40 CFR, Part 136, and amendments thereto. (If 40 CFR, Part 136 does not include a sampling or analytical technique for the pollutant in question, then procedures set forth in EPA publication, “Sampling and Analysis Procedures for Screening of Industrial Effluents for Priority Pollutants” , April 1977, and amendments thereto, shall be used.), any other procedure approved by the Administrator, or any other procedure approved by the Superintendent, whichever is the most conservative.
State – State of New York.
State’s Waters – See Waters of the State.
Storm Water – Any flow occurring during or following any form of natural precipitation; also the flow resulting therefrom.
Substances of Concern – Those compounds which the New York State Department of Environmental Conservation has determined may be harmful to man or the environment.
Sump Pump – A mechanism used for removing water from a sump or wet well.
Superintendent – That individual or corporation nominated or appointed by the appropriate municipal board as the Superintendent of the Sewer and Wastewater POTW, or his duly appointed constituted agent or representative or his designee. Such an individual shall be licensed to operate the POTW by the New York State D.E.C., and otherwise qualified to oversee water treatment and distribution and POTW operations. This definition shall also include his authorized deputy, agent, or representative.
Suspended Solids – The result obtained, using an approved laboratory procedure, to determine the dry weight of solids, in a sample, that either float on the surface of, or are in suspension, or are settleable, and can be removed from the sample by filtration, expressed in milligrams per liter.
Total Kjeldahl Nitrogen (TKN) – The result obtained, using an approved laboratory procedure, to determine the quantity of ammonia in a sample and released during the acid digestion of organic nitrogen compounds, expressed as milligrams of nitrogen per liter.
Total Phosphorus – The result obtained, using an approved laboratory procedure, to determine the total quantity of orthophosphate, in a sample of wastewater, following the hydrolysis of phosphorus compounds, expressed as milligrams of phosphorus per liter of sample.
Town – The Town of Kirkland is a municipal corporation incorporated on April 13, 1827.
Town Board – The Town Board of the Town of Kirkland, or its duly appointed agent or representative, charged with the administration and overall supervision of the facilities and business of the sewer systems, sewer treatment plant and sewage works connected to any POTW within the Town of Kirkland (and outside the Village of Clinton) .
Town Engineer – The person retained as town engineer for the Town of Kirkland or his duly authorized deputy, agent or representative or the Town Board.
Town Attorney – The person appointed by the Town Board as Town Attorney or a duly authorized attorney for the Town selected the Town Attorney, or the Town Board.
Toxic Substances – Any substance, whether gaseous, liquid, or solid, that when discharged to a public sewer in sufficient quantities may be hazardous to POTW operation and maintenance personnel, tend to interfere with any biological sewage treatment process, or to constitute a hazard to recreation in the receiving waters, due to the effluent from a sewage treatment plant or overflow point. Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the EPA under provisions of CWA 307 (A), or other Acts.
User – Any person who contributes, causes, or permits the contribution of wastewater into the POTW.
User, Existing – A discharger to the POTW who is discharging on or before the effective date of this Law.
User, Industrial – A discharger to the POTW who discharges non-domestic wastewaters.
User, New – A discharger to the POTW who initiates discharge after the effective date of this Law.
User, Significant Industrial (SIU) – An industrial user of either the Village of Clinton or the Town of Kirkland POTW who is:
(a) Subject to National Categorical Pretreatment Standards promulgated by the EPA,
(b) Having substantial impact (as determined by the Superintendent), either singly or in combination with other industries, on the operation of the treatment works,
(c) Using, on an annual basis, more than 10,000 Ibs or 1,000 gallons of raw material containing priority pollutants and/or substances of concern and discharging a measurable quantity S these pollutants to the sewer system,
(d) Discharging more than five percent (5%) of the flow or load of conventional pollutants received by the POTW treatment plant.
*Note: A user discharging a measurable quantity of a pollutant may be classified as non-significant if, at the influent to the POTW treatment plant, the pollutant is not detectable.
Village – The Village of Clinton is a municipal corporation incorporated on April 12, 1843.
Volume Charge (User Charge) – The demand sewer use charge which is based, in part or wholly, on the volume of normal sewage discharged into the POTW (there may be surcharges, as provided for in Article 12). The volume charge shall be based on a specific cost per 100 cubic feet or per 1,000 gallons. The specific charge shall be subject to approval of the appropriate municipal board. The moneys so obtained shall be used for current operation and maintenance, for retirement of bonded indebtedness, and for funding of capital projects, of the POTW. The basis of volume charge calculations shall be made available to the public, on demand, as provided in Article 13.The volume charge shall be recalculated annually, as well as the surcharge rates.
Wastewater – The liquid and water-carried industrial or domestic wastewaters from dwellings, commercial establishments, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW.
Wastewater Discharge Permit – A permit as set forth in Article 10 of this Law.
Wastewater, Unusual Strength or Character – see Sewage, Unusual Strength or Character.
Waters of the State (State’s Waters) – All streams, lakes, ponds, marshes, water courses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the State or any portion thereof.
Section 202 – Abbreviations
The following abbreviations shall have the designated meanings:
ANSI
American National Standards Institute
ASTM
American Society for Testing and Materials
AWWA
American Water Works Association
BOD
Biochemical Oxygen Demand
CFR
Code of Federal Regulations
CPLR
Code of Public Law and Rules
COD
Chemical Oxygen Demand
EPA
Environmental Protection Agency
L
Liter
Mg
Milligram
Mg/l
Milligrams per liter
NCPI
National Clay Pipe Institute
NPDES
National Pollutant Discharge Elimination System
NYSDEC
New York State Department of Environmental Conservation
NYSDOH
New York State Department of Health
NYSDOT
New York State Department of Transportation
P
Total Phosphorus
PSI
Pounds per Square Inch
POTW
Publicly Owned Treatment Works
PPM
Parts per Million, weight basis
SIC
Standard Industrial Classification
SPDES
State Pollutant Discharge Elimination System
SWDA
Solid Waste Disposal Act, 42 U.S.C. 690 L, et seq.
U.S.C.
United State Code of Laws
USEPA
United State Environmental Protection Agency
TSS
Total Suspended Solids
Section 203 – Undefined Terms
Terms not defined in this article, or terms found to be ambiguous or improperly defined in this article, shall be defined by the Act, or Regulations, pursuant thereto.
Article 3
USE OF PUBLIC SEWERS REQUIRED
Section 301 – Waste Disposal Unlawful
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 any sewer district within the Town of Kirkland, including but not limited to the Village of Clinton, Town of Kirkland and Hamilton College, or in any area under the jurisdiction of the appropriate municipal boards, any human or animal excrement, garbage, or objectionable waste. Also, no person shall discharge domestic sewage onto the surface of the ground or discharge it in a way that permits it to come to the surface of the ground.
Section 302 – Connecting Private Sewage system to Storm Sewer Unlawful
No person shall connect a private sewage system so that sewage flows into a storm sewer or into a drain intended exclusively for storm water.
Section 303 – Discharge of Sewage into Well Prohibited
No person shall discharge sewage into a well.
Section 304 – Wastewater Discharge Unlawful
It shall be unlawful to discharge to any natural outlet, within the Town of Kirkland, or in any area under the jurisdiction of the said municipality, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Law.
Section 305 – Building Permit Allowed Only When Approved Wastewater Disposal Available
No property owner, builder, or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of wastewater disposal, conforming to this Law, is available. All housing construction or building development which takes place after this Law is enacted shall provide for an approved system of sanitary sewers.
Section 306 – Private Wastewater Disposal Unlawful
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, septic tank, or other facility intended or used for disposal of wastewater.
Section 307 – Connection to Public Sewer Required
The owner(s) of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town of Kirkland, and abutting on any street, alley, or right-of-way in which there is now located or may, in the future, be located a public sewer, is hereby required, at the owner’s expense to install suitable sanitary facilities therein, and to connect such facilities directly with the proper public sewer, in accordance with the provisions of this law, within ninety (90) days after official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line.
Section 308 – Limitation on Use of Public Sewers
The use of any public sewers within the Town of Kirkland shall be strictly limited and restricted, except as provided in Section 307, to receive and accept the discharge of sewage and other wastes, including industrial wastes generated on or discharged from real property within the bounds of the Service Area of the POTW.
Section 309 – Wastewater from Outside the POTW Service Area – Inter-municipal Agreements
The Town Board of the Town of Kirkland, on the recommendation of the Superintendent of the applicable POTW, together with the consent of any other appropriate municipal board, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by or discharged from persons outside the service area of the POTW.
If the person is a municipality, that municipality shall have enacted a Sewer Use Law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this Law.
If the person is not a municipality the discharge shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such a discharge.
Section 310 – Moratorium
At the recommendation of the Superintendent, who determines that:
(1) one or more segments of the POTW is exceeding its hydraulic capacity at any time
(2) any specific purpose of this Law is being violated
The Town Board of the Town of Kirkland shall have the authority to limit or deny any new connections to the Clark Mills Treatment Plant (POTW) until the conditions leading to the moratorium are corrected. Such correction may be by:
(1) construction of new facilities
(2) enlarging existing facilities
(3) correction of inflow and infiltration
(4) cleaning and repairing of existing facilities
Section 311 – Basis of Sewer Use Requirement
All requirements, directives, and orders calling for mandatory use of the sewers, within the Service Area of the POTW, for the proper discharge of sewage and other wastes, including industrial wastes, shall be established and given by the appropriate municipal board, NYSDEC, USEPA, and/or other such State or Federal agencies, which have enforcement powers.
Article 4
PRIVATE WASTEWATER DISPOSAL
Section 401 – Public Sewer Unavailable – Private Wastewater Disposal Required
Where a public sewer is not available, under the provisions of Section 304r the building lateral shall be connected to a private wastewater disposal system complying with the provisions of the Rules and Regulations of the NYSDOH, to be enforced by the Superintendent and/or the Oneida County Health Department.
Section 402 – Connection of Two Buildings to the Same Septic Tank Prohibited
No two separate permanent buildings where the intended use for either is for a distinct and separate business or a dwelling place for a private family or families shall be connected to the same individual septic tank and tile absorption field.
Section 403 – Construction Per.mit Application
A completed application form, containing results of percolation tests, computations, and a plot plan, including the design and cross- section of the wastewater disposal system, in relation to lot lines, adjacent and on-site well or water supply, and buildings, shall be submitted to the appropriate municipal board. A fee, established by Article 12, shall accompany the application. The wastewater disposal system shall be designed by a professional engineer, licensed surveyor, or architect, and shall be in accordance with the NYSDOH – “Standards for Waste Treatment Works”, or NYSDEC “Standards for Commercial and Institutional Facilities”, as appropriate.
Section 404 – Construction Permit
A written construction permit shall be obtained from the Superintendent before construction commencement. The Superintendent, or his designated representative, shall be permitted to inspect the construction work at any stage, without prior notice.
Section 405 – Preventing Nuisances – Rehabilitation Required
When the liquid or liquid-borne effluent from a private wastewater disposal system enters any watercourse, ditch, storm sewer, or water supply system, located within the Town of Kirkland, in such a manner, volume, and concentration so as to create a hazardous, offensive, or objectionable condition, in the opinion of the Superintendent, the Oneida County Health Department, or the NYSDOH, the owner of the premises upon which such wastewater disposal system is located, upon receiving written notice from the Superintendent, to do so, shall, within ninety (90) days, after receipt of such notice, repair, rebuild, or relocate such wastewater disposal system for the purpose of eliminating such hazardous, offensive, or objectionable conditions. The repair, rebuilding, or relocation of the system shall be accomplished in accordance with the rules and regulations of the NYSDOH and the Oneida County Health Department, at the owner’s expense.
Section 406 – Sanitary Operation Required
The owner shall operate and maintain the private wastewater disposal system in a satisfactory manner at all times, at the owner’s expense.
Section 407 – Septage Removal
Where a private wastewater disposal system utilizes a cesspool or a septic tank, sept age shall be removed from the cesspool or septic tank, by a licensed hauler of trucked and hauled wastes, at three year intervals or more frequently.
Section 408 – Direct Connection to New Public Sewers Required
At such time that a public sewer becomes available to a property, a direct connection shall be made to the public sewer, in compliance with this Law, and any cesspool, septic tank, and similar wastewater disposal facilities shall be cleaned of septage, by a licensed septage hauler, and finally either filled with clean sand, bank-run gravel, or dirt, or removed and properly disposed. When the connection is made to the public sewer, the connection to the private wastewater disposal facility shall be broken and both ends of the break shall be plugged, as appropriate. Alternatively, the septic tank effluent may be piped or pumped to the sewer; the owner shall provide an easement to the septic tank for septage removal.
Section 409 – Additional Requirements
No statement in this Article shall be construed to prevent, or interfere with, any additional requirements that may be deemed necessary by the Superintendent, to protect public health and public welfare.
Article 5
NEW SEWERS or SEWER EXTENSIONS
Section 501 – Proper Design
New sanitary sewers and all extensions to sanitary sewers owned and operated within the Town of Kirkland shall be designed, by a professional licensed to practice sewer design in the State, in accordance with the Recommended Standards for Sewage Works, as adopted by the Great Lakes – Upper Mississippi River Board of State Sanitary Engineers (“Ten State Standards”), and in strict conformance with all requirements of the NYSDEC. Plans and specifications shall be submitted to, and written approval shall be obtained from the Superintendent, the Oneida County Health Department, and the NYSDEC, before initiating any construction. The design shall anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area.
Section 502 A – New Sewers Subject to Approval, Fees, Inspection, Testing, and Reporting
When a property owner, builder, or developer proposes to construct sanitary sewers or extensions to sanitary sewers in an area proposed for subdivision, the plans, specifications, and method of installation shall be subject to the approval of the Sanitary Inspector, and the Oneida County Health Department, in accordance with Section 501. Said property owner, builder, or developer shall pay for the entire installation, including a proportionate share of the treatment plant, intercepting or trunk sewers, pumping stations, force mains, and all other Town of Kirkland expenses incidental thereto. Each street lateral shall be installed and inspected pursuant to Article 6, and inspection fees shall be paid by the applicant prior to initiating construction. Design and installation of sewers shall be as specified in Section 503, and in conformance with Paragraphs 3 through 6 of ASTM Specification C-12. The installation of the sewer shall be subject to periodic inspection by the Sanitary Inspector, without prior notice. The Sanitary Inspector shall determine whether the work is proceeding in accordance with the approved plans and specifications, and whether the completed work will conform with the approved plans and specifications. The sewer, as constructed, must pass the infiltration test (or the exfiltation test, with prior approval), required in Section 505, before any building lateral is connected thereto. The Sanitary Inspector shall be notified 30 days in advance of the start of any construction actions so that such inspection frequencies and procedures as may be necessary or required, may be established. No new sanitary sewers will be accepted by the appropriate municipal board until such construction inspections have been made so as to assure the appropriate municipal board of compliance with this Law and any amendments or additions thereto. The Sanitary Inspector has the authority to require such excavation as necessary to inspect any installed facilities if the facilities were covered or otherwise backfilled before they were inspected so as to permit inspection of the construction. The Sanitary Inspector shall report all findings of inspections and tests to the appropriate municipal board.
Section 502 B – Plans, Specification, and Pipe Test Results Required
Plans, specifications, and methods of installation shall conform to the requirements of this Article. Components and materials of wastewater facilities not covered in this Law, such as pumping stations, lift stations, or force mains shall be designed in accordance with Section SOl, and shall be clearly shown and detailed on the plans and specifications submitted for approval. Force main details are covered in Section 506. When requested, the applicant shall submit, to the Sanitary Inspector and to the Oneida County Health Department, all design calculations and other pertinent data to supplement review of the plans and specifications. Results of manufacturer’s tests on each lot of pipe delivered to the job site shall also be furnished, upon request.
Section 503 A – Sewer Pipe
(1) Sewer pipe material shall be:
(a) Reinforced Concrete Pipe
(Note that non-reinforced concrete pipe shall not be used.)
Portland cement shall conform to ASTM C-150 Type II.
The pipe and specials shall conform to ASTM Specification C-76.
The reinforcing wire cage shall conform to ASTM Specification A 15, A 82, or A 185, as appropriate.
Entrained air shall be 5.0% to 9.0% by ASTM C- 890
Water absorption and three-edge bearing tests shall conform to ASTM Specification C-497. Gaskets shall conform to Sections 3.3 and 3.4 of AWWA Specification C-302.
(b) Cast Iron Pipe – Extra Heavy
Pipe, fittings, and specials shall conform to the requirements of ASTM Specification A-74 or ANSI A-21.11.
Gaskets shall conform to ASTM Specification C- 564.
(c) Polyvinyl Chloride (PVC) Pipe – Heavy Wall
Pipe shall be made from Class 12454-B materials or better in accordance with ANSI/ASTM Specification D-1784
Pipe and accessories shall conform to the requirements of the following, with a minimum pipe stiffness of 46 PSI at a maximum deflection of five percent (5%)
ANSI/ASTM
D 3034
(4” – 15”)
ASTM
F 679 Type I
(18” – 27”
(d) Ductile Iron Pipe
Pipe, fittings, and specials shall be manufactured in accordance with ASTM Specification A-746. Pipe shall have a minimum thickness of Class 50. Fittings shall conform to ANSI Specification A-21.11 and have a minimum pressure class rating of 150 PSI.
All pipe and fittings shall be cement mortar lined in accordance with ANSI Specification A- 21.4 at twice the specified thickness, and have an internal and external bituminous seal coating.
Closure pieces shall be jointed by means of a mechanical coupling of the cast sleeve type.
(e) Vitrified Clay Pipe – Extra strength
(Note that standard strength vitrified clay pipe shall not be used.)
Pipe shall conform to the current requirements of NCPI Specification ER 3300-67 and meet the requirements of ASTM Specification C 700.
(f) Acrylonitrile-Butadiene-Styrene (ABS) Pipe
Pipe and fittings shall conform to the requirements of ASTM Specification D 2661.
(g) Other pipe materials
Other pipe materials require prior written approval of the Sanitary Inspector before being installed.
(2) The minimum internal pipe diameter shall be 8 inches.
(3) Joints for the selected pipe shall be designed and manufactured such that “a” ring gaskets of the “snap-on” type are used.
(4) Gaskets shall be continuous, solid, natural or synthetic rubber, and shall provide a positive compression seal in the assembled joint, such that the requirements of Section 505 are met.
(5) Joint preparation and assembly shall be in accordance with the manufacturer’s recommendations.
(6) Wye branch fittings shall be installed, for connection of street laterals, in accordance with Section 606.
Section 503 B – Safety and Load Factors
Selection of pipe class shall be predicated on the following criteria:
Safety factor
–
1.5
Load factor
–
1.7
Weight of soil
–
120 lbs/cu. Ft.
Wheel loading
–
16,000 lbs.
Utilizing the foregoing information, design shall be made as outlined in Chapter IX of the Water pollution Control Federation Manual of Practice No.9, latest edition, “Design and Construction of Sanitary and Storm Sewers”, and the pipe shall have sufficient structural strength to support all loads to be placed on the pipe, with a safety factor as specified above.
PVC pipe shall not be encased in concrete due to their different coefficients of linear thermal expansion.
Section 503 C – Sewer Pipe Installation
(1) Local utilities shall be contacted to verify construction plans and to make arrangements to disconnect all utility services, where required to undertake the construction work. The utility services shall later be reconnected. The work shall be scheduled so that there is minimum inconvenience to local residents. Residents shall be provided proper and timely notice regarding disconnection of utilities.
(2) The construction right-of-way shall be cleared only to the extent needed for construction. Clearing consists of removal of trees which interfere with construction, removal of underbrush, logs, and stumps, and other organic matter, removal of refuse, garbage, and trash, removal of ice and snow, and removal of telephone and power poles, and posts. Any tree which will not hinder construction shall not be removed, and shall be protected from damage by any construction equipment. Debris shall not be burned, but hauled for disposal in an approved manner.
(3) The public shall be protected from personal and property damage as a result of the construction work.
(4) Traffic shall be maintained at all times in accordance with applicable highway permits. Where no highway permits are required, at least 1/2 of a street shall be kept open for traffic flow.
(5) Erosion control shall be performed throughout the project to minimize the erosion of soils onto lands or into waters adjacent to or affected by the work. Erosion control can be effected by limiting the amount of clearing and grubbing prior to trenching, proper scheduling of the pipe installation work, minimizing time of open trench, prompt grading and seeding, and filtration of drainage.
(6) The trench shall be excavated only wide enough for proper installation of the sewer pipe, manhole, and appurtenances. Allowances may be made for sheeting, de- watering, and other similar actions to complete the work. Roads, sidewalks, and curbs shall be cut, by sawing, before trench excavation is initiated.
(7) Under ordinary conditions, excavation shall be by open cut from the ground surface. However, tunneling or boring under structures other than buildings may be permitted. Such structures include crosswalks, curbs, gutters, pavements, trees, driveways, and railroad tracks.
(8) Open trenches shall be protected at all hours of the day with barricades, as required.
(9) Trenches shall not be open for more than 30 feet in advance of pipe installation nor left unfilled for more than 30 feet in the rear of the installed pipe, when the work is in progress, without permission of the Sanitary Inspector. When work is not in progress, including over night, weekends, and holidays, the trench shall be backfilled to ground surface.
(10) The trench shall be excavated approximately six (6) inches deeper than the final pipe grade. When unsuitable soils are encountered, these shall be excavated and replaced with select materials.
(11) Ledge rock, boulders, and large stones shall be removed from the trench sides and bottom. The trench shall be over-excavated at least 12 inches for five (5) feet, at the transition from rock bottom to earth bottom, centered on the transition.
(12) Maintenance of grade, elevation, and alignment shall be done by some suitable method or combination of methods.
(13) No structure shall be undercut unless specifically approved by the Sanitary Inspector.
(14) Proper devices shall be provided, and maintained operational at all times, to remove all water from the trench as it enters. At no time shall the sewer line be used for removal of water from the trench.
(15) To protect workers and to prevent caving, shoring and sheeting shall be used, as needed. Caving shall not be used to backfill the trench. Sheeting shall not be removed but cut off no lower than one foot above the pipe crown nor no higher than one foot below final grade, and left in the trench, during backfill operations.
(16) The pipe barrel shall be supported, along its entire length, on a minimum of six (6) inches of crusher run max. 1/2 inch stone free of organic material. This foundation shall be firmly tamped in the excavation.
(17) Bell holes shall be hand excavated, as appropriate.
(18) Pipe shall be laid from low elevation to high elevation. The pipe bell shall be up-gradient; the pipe spigot shall be down-gradient.
(19) The joints shall be made, and the grade and alignment checked and made correct.
(20) The pipe shall be in straight alignment.
(21) When a smaller sewer joins a larger one the invert of the larger sewer shall be lowered sufficiently to maintain the same hydraulic gradient. An approximate method which may be used for securing this result is to place the 0.8 depth of both sewers at the same elevation.
(22) Crushed stone shall be placed over the laid pipe to a depth of at least six (6) inches. The embedment of thermoplastic pipe shall be in accordance with ASTM D2321 using class 1A or 1B backfill materials. Care shall be exercised so that stone is packed under the pipe haunches. Care shall be exercised so that the pipe is not moved during placement of the crushed stone.
(23) The migration of fines from surrounding backfill or native soils shall be restricted by gradation of embedment materials or by use of suitable filter fabric.
(24) The remaining portion of the trench above the pipe embedment shall be backfilled in foot lifts which shall be firmly compacted. Compaction near/under roadways, driveways, sidewalks, and other structures shall be to 95 % of the maximum moisture-density relationship, as determined by ASTM Specification D 698, Method D. Ice, snow, or frozen material shall not be used for backfill.
Section 504 – Manholes and Manhole Installation
(1) Design of all manholes shall be submitted to the Sanitary Inspector and shall receive approval prior to placement.
(2) Manholes shall be placed where there is a change in slope or alignment, and at intervals not exceeding 400 linear feet.
(3) Manhole bases shall be constructed or placed on a minimum of six (6) inches of crusher run max. 1/2 inch stone free of organic materials.
(4) Manhole bases shall be constructed of 4,000 psi (28 day) concrete 8 inches thick, or shall be precast bases properly bedded in the excavation. Field constructed bases shall be monolithic, properly reinforced, and extend at least 6 inches beyond the outside walls of lower manhole sections. Precast manhole bases shall extend at least 6 inches beyond the outside walls of lower manhole sections.
(5) Manholes shall be constructed using precast minimum 4 foot diameter concrete manhole barrel sections, and an eccentric top section, conforming to ASTM Specification C-478, with the following exceptions on wall thickness:
Manhole Diameter
Wall Thickness
Feet
Inches
4
5
5
6
6
7
6 ½
7 ½
7
8
8
9
All sections shall be cast solid, without lifting holes. Flat top slabs shall be a minimum of 8 inches thick and shall be capable of supporting a H-20 loading.
(6) All joints between sections shall be sealed with an “0” ring rubber gasket, meeting the same specifications as pipe joint gaskets, or butyl joint sealant completely filling the joint.
(7) All joints shall be sealed against infiltration. All metal parts shall be thickly coated with bitumastic or elastomeric compound to prevent corrosion.
(8) No steps or ladder rungs shall be installed in the inside or outside manhole walls at any time.
(9) No holes shall be cut into the manhole sections closer than 6 inches from joint surfaces.
(10) Manholes which extend above grade shall not have an eccentric top section. The top plate shall be large enough to accommodate the cover lifting device and the cover.
(11) The elevation of the top section shall be such that the cover frame top elevation is 0.5 foot above the 100-year flood elevation (in a field), 0.5 foot above a lawn elevation, or at finished road or sidewalk grade.
(12) When located in a travelled area (road or sidewalk), the manhole frame and cover shall be heavy duty cast iron. When located in a lawn or in a field, the manhole frame and cover may be light duty cast iron. The cover shall be 36 inches in diameter. The minimum combined weight of the heavy duty frame and the cover shall be 735 +/- 5% lbs. The minimum combined weight of the light duty frame and the cover shall be 420 +/- 5% lbs. The mating surfaces shall be machined, and painted with tar pitch varnish. The cover shall not rock in the frame. Infiltration between the cover and frame shall be prevented by proper design and painting. Covers shall have “Sanitary Sewer” cast into them. Covers shall have lifting holes suitable for any lifting/jacking device. The lifting holes shall be designed so that infiltration is prevented.
(13) A drop of at least 0.1 foot shall be provided between incoming and outgoing sewers on all junction manholes and on manholes with bends greater than 45 degrees.
(14) Inverts and shelves/benches shall be placed after testing the manholes and sewers.
(15) Benches shall be level and slope to the flow channel at about 1 inch per foot.
(16) The minimum depth of the flow channel shall be the nominal diameter of the smaller pipe. The channel shall have a steel trowel finish. The flow channel shall have a smooth curvature from inlet to outlet.
(17) Manhole frames, installed at grade, shall be set in a full bed of mortar with no less than two nor more than four courses of brick underneath to allow for later elevation adjustment. In lieu of brick, grade rings may be used for elevation adjustment. Grade rings shall not exceed 6 inches in depth. The total number of grade rings shall not exceed 12 inches in height, however, in no event shall more than 3 grade rings be used.
(18) Manholes which extend above grade, shall have the frames cast into the manhole top plate. The top plate shall be securely anchored to the manhole barrel, by a minimum of six 1/2 inch corrosion resistant anchor bolts, to prevent overturning when the cover is removed. The anchor bolts shall be electrically isolated from the manhole frame and cover.
(19) Internal drop pipes and fittings shall be PVC plastic sewer pipe in compliance with ASTM D2241. Corrosion resistant anchors shall be used to attach the drop pipe to the inside surface of the manhole barrel.
Section 505 A – Infiltration/Exfiltration Testing
All sanitary sewers or extensions to sanitary sewers, including manholes, shall satisfy requirements of a final infiltration test before they will be approved and wastewater flow permitted by the Town of Kirkland. The infiltration rate shall not exceed 25 gallons per 24 hours per mile per nominal diameter in inches. An exfiltration test may be substituted for the infiltration test; the same rate shall not be exceeded. The exfiltration test shall be performed by the applicant, under the supervision of the Sanitary Inspector, who shall have the responsibility for making proper and accurate measurements required. The exfiltration test consists of filling the pipe with water to provide a head of at least 5 feet above the top of the pipe or 5 feet above groundwater, whichever is higher, at the highest point under test, and then measuring the loss of water, from the pipe section under test, by the amount of water which must be added to maintain the original level. However, under no circumstances shall the head at the downstream manhole exceed ten (10) feet or fill to within six (6) inches of the top of the downstream manhole. Should this condition prevail, the testing methods in Sections 504 F and/or 504 G shall be utilized. In this test, the test section must remain filled with water for at least 24 hours prior to taking any measurements. Exfiltration shall be measured by the drop of water level in a standpipe with a closed bottom end, or in one of the sewer manholes serving the test section. When a standpipe and plug arrangement is used in the upper manhole in the test section, there shall be some positive method for releasing entrapped air prior to taking any measurements.
Section 505 B – Test Section
The test section shall be as ordered or as approved, but in no event longer than 1,000 feet. In the case of sewers laid on steep grades, the test length may be limited by the maximum allowable internal pressure on the pipe and joints at the lower end of the test section. For purposes of determining the leakage rate of the test section, manholes shall be considered as sections of 48-inch diameter pipe, 5 feet long. The maximum allowable leakage rate for such a section is 1.1 gallons per 24 hours. If leakage exceeds the allowable rate, then necessary repairs or replacements shall be made, and the section retested.
Section 505 C – Test Period
The test period, during which the test measurements are taken, shall not be less than two (2) hours.
Section 505 D – Pipe Lamping
Prior to testing, the section shall be lamped. Any length of pipe out of straight alignment shall be realigned.
Section 505 E – Deflection Testing
Also prior to testing, all plastic pipe, in the test section, shall be tested for deflection. Deflection testing shall involve the pulling of a rigid ball or mandrel, whose diameter is 95 percent of the pipe inside diameter, through the pipe. Any length of pipe with a deflection greater than 5 percent shall be replaced. The test section shall be flushed just prior to deflection testing. The test shall not be performed with a mechanical pulling device.
Section 505 F – Low Pressure Air Testing Alternative
In lieu of hydrostatic testing (exfiltration or infiltration), low pressure air testing may be employed. Low pressure air tests shall conform to ASTM Specification C 828. All sections to be tested shall be cleaned and flushed, and shall have been backfilled, prior to testing. Air shall be added until the internal pressure of the test section is raised to approximately 4.0 PSIG. The air pressure test shall be based on the time, measured in seconds, for the air pressure to drop from 3.5 PSIG to 2.5 PSIG.
Acceptance is based on limits tabulated in the “Specification Time Required for a 1.0 PSIG Pressure Drop” in the Uni-Bell PVC Pipe Association “Recommended Practice For Low-Pressure Air Testing of Installed Sewer Pipe”.
Before pressure is applied to the line all connections shall be firmly plugged. Before the test period starts, the air shall be given sufficient time to cool to ambient temperature in the test section. If the test section is below groundwater, the test pressure shall be increased an amount sufficient to compensate for groundwater hydrostatic pressure, however, the test pressure shall not exceed 10 PSI.
The pressure test gauge shall have been recently calibrated, and a copy of the calibration results shall be made available to the Sanitary Inspector prior to testing.
Section 505 G – Vacuum Testing Alternative
In lieu of hydrostatic testing (exfiltration or infiltration), vacuum testing may be employed for testing of sewer lines and manholes. Sewer lines and manholes shall be tested separately. All sewer lines to be tested shall be cleaned and flushed, and shall have been backfilled, prior to testing. The vacuum test shall be based on the time, measured in seconds, for the vacuum to decrease from 10 inches of mercury to 9 inches of mercury for manholes, and from 7 inches of mercury to 6 inches of mercury for sewers.
Acceptance of manholes is based on the following:
Manhole
Depth
Manhole Diameter
Time
to Drop
1″
Hg
(10″
to
9″)
10
ft
or
less
4
ft
120
seconds
10
ft
to
15
ft
4
ft
150
seconds
15
ft
to
25
ft
4
ft
180
seconds
For 5 ft diameter manholes, add 30 seconds to the times above.
For 6 ft diameter manholes, add 60 seconds to the times above.
If the test on the manhole fails (the time is less than that tabulated above), necessary repairs shall be made and the vacuum test repeated, until the manhole passes the test.
Acceptance of sewers (7” Hg to 6” Hg) is based on the time tabulated in the “Specification Time Required for a 0.5 PSIG Pressure Drop” in the Uni-Bell PVC Pipe Association “Recommended Practice For Low-Pressure Air Testing of Installed Sewer Pipe”.
The vacuum test gauge shall have been recently calibrated, and a copy of the calibration results shall be made available to the Sanitary Inspector prior to testing.
Section 506A – Force Mains
Force mains serving sewage lifting devices, such as grinder pumps and pump stations, shall be designed in accordance with Section 501. Additional design requirements are:
(1) Force main pipe material shall be:
(a) Ductile Iron Pipe
Pipe shall conform to ANSI A21.51. The minimum wall thickness shall be Class 52 (ANSI A21.50) . The pipe shall be clearly marked with either “D” or “DUCTILE”. Fittings shall conform to ANSI A21.10. Pipe and fittings shall be furnished with push-on joints conforming to ANSI A21.11 Pipe and fittings shall be cement mortar lined and have an internal and external bituminous seal coating.
(b) Polyvinyl Chloride (PVC) Plastic Pipe
Pipe shall conform to ASTM D2241. Materials used in the manufacture of PVC pipe shall meet ASTM c1784. The minimum wall thickness shall be SDR-21. Fittings shall conform to ASTM D2241. Joints and gaskets shall conform to ASTM D2241, D1869, and F477.
(c) Other pipe materials
Other pipe materials require prior written approval of the Sanitary Inspector before being installed.
(2) Trenching, bedding, and backfilling shall be in accordance with Section 503 C.
(3) Joint preparation and assembly shall be in accordance with the manufacturer’s written instructions.
(4) Anchorages, concrete blocking, and/or mechanical restraint shall be provided when there is a change of direction of 7-1/2 degrees or greater.
(5) Drain valves shall be placed at low points.
(6) Automatic air relief valves shall be placed at high points and at 400 ft intervals, on level force main runs.
(7) Air relief and drain valves shall be suitably protected from freezing.
(8) When the daily average design detention time, in the force main, exceeds 20 minutes, the manhole and sewer line receiving the force main discharge or the sewage shall be treated so that corrosion of the manhole and the exiting line are prevented. The corrosion is caused by sulfuric acid biochemically produced from hydrogen sulfide anaerobically produced in the force main.
(9) The force main shall terminate, in the receiving manhole, at a PVC plastic sewer pipe “T”. The vertical arms of the “T” shall be twice the diameter of the force main. The upper arm shall be at least 4 feet longi the lower arm shall terminate in a PVC plastic sewer pipe 90 degree elbow in a flow channel directed to the manhole exit pipe. The “T” and its arms shall be securely fastened to the inside surface of the manhole wall using corrosion resistant anchors.
Section 506B – Force Main Testing
All force mains shall be subjected to hydrostatic pressure of 150 percent of the normal operating pressure. The duration of the test, at pressure, shall be at least 2 hours. Before conducting the test, the pipe shall be filled with water and all air shall be expelled. During the test, water shall be added, as needed, to maintain the test pressure. The amount of water added shall be recorded so as to calculate leakage. Leakage shall not exceed 25 gallons per day per mile per inch nominal pipe diameter. During the test, the owner and the Sanitary Inspector shall walk the route of the force main and examine the exposed pipe and the ground covering any backfilled pipe to discover leaks. Leakage in excess of that specified above shall be corrected with new material at the owner’s expense and the test repeated. Any observed leaks shall be repaired at the owner’s expense.
Section 507 – Final Acceptance and Warranty/Surety
All sanitary sewers and extensions to sanitary sewers constructed at the applicant’s expense, after final approval and acceptance by the Sanitary Inspector, and concurrence by the appropriate municipal board, shall become the property of the Town of Kirkland, and shall thereafter be operated and maintained by the appropriate municipal board. No sanitary sewer shall be accepted by the appropriate municipal board until four (4) copies of as-built drawings have been so filed with the Sanitary Inspector and the Sanitary Inspector has approved the submitted drawings. Said sewers, after their acceptance by the appropriate municipal board, shall be guaranteed against defects in materials or workmanship for one (1) year, by the applicant. The guarantee shall be in such form and contain such provision as deemed necessary by the appropriate municipal board, secured by a surety bond or such other security as the appropriate municipal board may approve.
Section 508 – Liability Insurance Coverage During Construction Period
(1) All contractors engaged in connecting house laterals with sanitary sewers, who perform any work within the Right of Way of any highway, shall file a bond in the amount of Five Thousand Dollars ($5,000.00) with the Clerk of the Town of Kirkland to indemnify the Town of Kirkland against loss, cost, damage or expense sustained or recovered on account of any negligence, omission or act of the applicant for such a permit, or any of his, or their agents arising or resulting directly or indirectly by reason of such permit or consent, or of any act, construction or excavation done, made or permitted under authority of such permit or consent. All bonds shall contain a clause that permits given by the Town Board of the Town of Kirkland may be revoked at any time for just cause.
(2) Before commencing work, the above contractor shall file insurance certificates with the appropriate municipal board for the following:
(a) Workman’s Compensation and Employer’s Liability Insurance as required by the laws of the State covering the contractor;
(b) Personal Injury Liability having limits of not less than $500,000 each occurrence and $500,000 aggregate (completed operations/products, personal injury);
(c) Property Damage Liability having limits of not less than $500,000 for all damages arising during the life of the contract; and shall include, but not be limited to, the following designated hazards:
i
–
Premises and Operations;
ii
–
Independent Contractors;
iii
–
Completed operations and products;
iv
–
Property Damage; and
v
–
Explosions, collapse and underground;
(d) Comprehensive automobile liability (including non-owned and hired automobiles) having limits of not less than:
i
–
Bodily injury
– each person $300,000
– each occurrence $500,000
ii
–
Property damage
– each occurrence $500,000
(e) Business Excess Liability Insurance in the amount of $2,000,000.
(f) All insurance policies must provide for five (5) business days notice to the appropriate municipal board before cancellation and must cover all liabilities of the appropriate municipal board and be in a form approved by the appropriate municipal board and be in a satisfactory form approved by the appropriate municipal board.
(g) The minimum insurance limits stated above shall be subject to periodic review by the Town of Kirkland Board and adjustments made, by resolution, as appropriate.
(3) Where it is necessary to enter upon or excavate any highway or cut any pavement, sidewalk or curbing, permission must be obtained from the Superintendent of Highways of the Town of Kirkland if a Town of Kirkland Highway is involved, from the Oneida County Department of Public Works if an Oneida County Highway is involved, and/or the New York State Department of Transportation if a State Highway is involved.
Article 6
BUILDING LATERALS, STREET LATERALS CONNECTIONS, and FEES
Section 601 A – Permit Required for Sewer Connections
No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Sanitary Inspector.
Section 601 B – Inflow/Infiltration Prohibited
No person shall discharge or cause to be discharged any storm cooling water or unpolluted industrial waters to any sanitary sewer. Swimming pool drains shall not be connected to any sanitary sewer.
Section 602 – Sewer Lateral Permits
There shall be two classes of sewer lateral permits:
(1) For residential, commercial, and institutional service,
(2) For service to establishments producing industrial wastes.
In either case, a permit application shall be submitted to the Sanitary Inspector. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent, in the judgment of the Sanitary Inspector. A fee, established by Section 1202, shall accompany the application.
Section 603 A – New Building Laterals
A separate and independent building lateral shall be provided for every building requiring sanitary facilities. When, however, there is a building behind a front building, the second building may use the front building’s building lateral, if there is no other way to provide sanitary service to the back building.
New street laterals and/or building laterals shall not go under building basements. In like fashion, a building shall not be constructed over an existing lateral; the lateral shall be relocated after the Sanitary Inspector has approved plans showing the relocation. If relocation is not physically possible then the lateral shall be
(1) exposed and totally encapsulated in not less than three inches of concrete, or
(2) exposed and walled and the building rooms above positively ventilated outdoors.
All existing manholes in or under the basement shall be sealed air-tight in a manner acceptable to the Sanitary Inspector. No new manholes shall be constructed on the portion of the lateral under the building.
Section 603 B -Laterals Serving Several Buildings
When building laterals are to serve multiple dwelling structures, the building lateral shall be sized in accordance with the metered water use and with sound professional engineering judgment.
Section 603 C – Laterals Serving Complexes
Where a lateral sewer is to serve a complex of industrial, commercial, institutional, or dwelling structures, special design of the building lateral system shall be required. Such lateral sewer shall be connected to the public sewer through a manhole. The Sanitary Inspector shall determine if and where this connection to the public sewer is required. If required, a new manhole shall be installed in the public sewer pursuant to Section 503 D and 1007 and the lateral connection made and tested as directed by the Sanitary Inspector. Plans and specifications shall be prepared and submitted for approval pursuant to this Law.
Section 603 D – Dry Sewers
Dry Sewers shall be designed and installed in accordance to this Law.
Section 604 – Using Existing Building Laterals
Existing building laterals may be used in connection with new buildings only when they are found, on examination by the Sanitary Inspector, to meet all requirements of this local Law.
Section 605 – Lateral Pipe Materials
Building and street lateral pipe materials shall be one of the following:
(1) Tar-coated, service grade, cast iron soil pipe conforming to ASTM Specification A-74, “Cast Iron Pipe and Fittings”. All dimensions, weight and markings of the pipe shall conform to the requirements of ANSI, Designation Al12.5.1, except spigot ends shall be “plain end”, if gasket joints are used.
(2) Polyvinyl chloride (PVC) pipe and fittings conforming to ASTM Specification D-3034-73, “SDR-35 Polyvinyl Chloride (PVC) Sewer Pipe and Fittings”. All pipe shall be suitable for gravity sewer service. Provisions shall be made for contraction and expansion at each joint with a rubber ring. The bell shall consist of an integral wall section stiffened with two PVC retainer rings which securely lock the solid cross-section ring into position. Minimum “Pipe Stiffness” (Fly) at five percent (5%) deflection shall be 46 PSI when tested in accordance with ASTM Specification D-2412.
Any part of the building or street lateral that is located within five (5) feet of a water main or water service shall be constructed of cast iron soil pipe. Cast iron soil pipe may be required by the Sanitary Inspector where the building or street lateral is likely to be damaged by tree roots. If installed on fill or unstable ground, the building or street lateral shall be of cast iron soil pipe, although other pipe material may be permitted if such pipe is uniformly supported on a poured concrete cradle approved by the Sanitary Inspector. The distance between consecutive joints, as measured along the centerline of the installed pipe, shall not be less than ten (10) feet, except under abnormal circumstances, in which case this dimension may be diminished, if approved by the Sanitary Inspector. The size and slope of building and street laterals shall be subject to approval by the Sanitary Inspector, but in no event shall the internal pipe diameter be less than 4 inches, nor shall the pipe slope be less than 1/4 inch per foot.
Section 606 A – Street Lateral to Public Sewer Connection
At the point of connection of a street lateral to a main sewer, a standard wye fitting and sufficient one-eighth (45 degree) bend fittings shall be used. The wye fittings shall be installed so that flow in the “arm” shall transition smoothly into the flow in the public sewer. No lateral connection shall be made to the public sewer which permits the flow into the public sewer from the lateral to enter at right angles.
Section 606 B – Future Connection Locations; As-Built Drawings
The street lateral, including the wye and eighth bend fittings, shall be connected to the main sewer at the time of constructing the main sewer, for each proposed lot for either immediate or future development. Laterals installed for future development shall be fitted a standard plug approved for use by the Sanitary Inspector. All sewer connections shall be via a properly installed saddle on the main sewer pipe. No portion of the lateral pipe shall protrude into the main sewer pipe. The location of all lateral connections shall be field marked with a 2 inch by 6 inch corrosion and rot resistant board. The marker board shall extend from the depth of the lateral to a minimum of two (2) feet above grade. The location of all lateral connections shall be indicated on a drawing and four (4) copies of this drawing, showing the as-built location of these connections, shall be furnished to the sanitary Inspector. A refundable deposit shall be placed with the Clerk of the Town of Kirkland to assure receipt of these as-builts. The deposit shall be placed when application is made; the amount of the deposit shall be $100 per sheet of plans showing locations of lateral connections. No sanitary sewer shall be accepted by the Town of Kirkland until four (4) copies of this record drawing have been so filed with the Sanitary Inspector and the Sanitary Inspector has approved the submitted drawings, and filed the same with the Town Clerk of the Town of Kirkland.
Section 606 C – Special Manhole Requirements
When any street lateral is to serve a school, hospital, or similar institution, or public housing, or is to serve a complex of industrial or commercial buildings, or which, in the opinion of the Sanitary Inspector, will receive wastewater or industrial wastes of such volume or character that frequent maintenance of said building or street lateral is anticipated, then such street lateral shall be connected to the public sewer through a manhole. The Sanitary Inspector shall determine if and where this type of connection to the public sewer is required. Connections to existing manholes shall be made as directed by the Sanitary Inspector. If required, a new manhole shall be installed in the public sewer pursuant to Sections 504 and 1007, and the lateral connection made thereto as directed by the Sanitary Inspector.
Section 607 – Laterals At and Near Buildings
Whenever possible, the building lateral shall be brought to the building at an elevation below the basement floor. Building laterals laid parallel to a bearing wall shall not be installed closer than three (3) feet to such wall. The building lateral shall be laid at uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with properly curved pipe and fittings. Changes of direction of 90 degrees or greater shall be made with a cleanout which extends to grade, terminating in a terminal box set in concrete. The ends of all building or street laterals, which are not connected to the interior plumbing of the building, for any reason, shall be sealed against infiltration by a suitable stopper, plug, or by other approved means.
Section 608 – Sewage Lifting
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, wastewater carried by such drain shall be lifted by mechanical means and discharged to the building lateral, on approval of the Sanitary Inspector.
Section 609 – Lateral Pipe Installation
All excavations required for the installation of a building or street lateral shall be open trench work unless otherwise approved by the Sanitary Inspector. Pipe laying and backfilling, regardless of pipe material used, shall be performed in general accordance with paragraphs 3 through 6 of ASTM Specification C-12, except that trench width, measured at the top of the installed pipe, shall not exceed the outside pipe diameter plus 14 inches and, except that no backfill shall be placed until the work has been inspected. The depth of cover over the pipe shall be sufficient to afford protection from frost, but in any case such depth shall not be less than four (4) feet.
Section 610 A – Watertight Joints
All joints and connections shall be made watertight.
Section 610 B – Cast Iron Pipe Poured Joints
Poured joints for cast iron pipe shall be firmly packed with oakum or hemp, and the annulus filled with an approved compound not less than 1 inch deep. The said compound shall be run in with a single pouring, and caulked tight, if appropriate for the compound used. 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 other pipe materials shall be made with special adapters and jointing materials approved by the Sanitary Inspector. If such joints are hot-poured, the material shall not soften sufficiently to destroy the effectiveness of the joint when subjected to a temperature of 160 degrees F, nor be soluble in any of the wastes carried by the lateral.
Section 610 C – Cast Iron Push Joints
Pre-molded gaskets may be used for hub and plain end cast iron pipe joints and joints with fittings, if approved by the Sanitary Inspector. The gasket shall be a neoprene compression-type unit which provides a positive seal in the assembled joint. The gasket shall be pre-molded, one-piece unit, designed for joining the cast iron hub and plain end soil pipe and fittings. The assembled joint shall be sealed by compression of the gasket between the exterior surface of the spigot and the interior surface of the hub. The joint shall be assembled following the manufacturer’s recommendations using acceptable lubricant and special pipe-coupling tools designed for that purpose. The plain spigot end shall be forced into the hub end of the pipe for the full depth of the hub itself. Lubricant shall be a bland, flax-base, non-toxic material, and shall not chemically attack the gasket material.
Section 610 D – PVC Push Joints
Joints for PVC sewer pipe shall follow the manufacturer’s recommendations, using properly designed couplings and rubber gaskets pursuant to the published information relating thereto, and conforming to the applicable ASTM specification identified in Section 605.
Section 611 A – Building Lateral/Street Lateral Connection
(1) The connection of the building lateral to an existing street lateral shall be made at the property line. Except as provided under Section 502, if a street lateral has not previously been provided, the street lateral will be constructed from the existing public sewer to the property line, by a licensed plumber, at the owner’s expense. The street lateral shall be installed with a properly sealed and covered clean-out to grade located at the property line. The clean-out shall terminate in a metal box imbedded in concrete.
(2) The cost of constructing the street lateral from the existing public sewer to the property line shall be at the property owner’s expense; all subsequent costs and expense incidental to the installation and connection of the building lateral shall also be borne by the owner.
(3) The property owner shall indemnify the Town of Kirkland from any loss or damage that may directly or indirectly be occasioned by the installation of the building lateral.
(4) It shall be the responsibility of the property owner to maintain, repair, or replace the building lateral, as needed.
(5) The method of connection of the building lateral to the street lateral will be dependent upon the type of sewer pipe material, and, in all cases, shall be approved by the Sanitary Inspector. After installation of the street lateral has been approved by the Sanitary Inspector, the new street lateral shall become the property of the Town of Kirkland. Any subsequent repairs to the new street laterals shall be made by the Town of Kirkland at the Town of Kirkland’s expense.
Section 611 B – Cleanout Repair/Replacement
If, in the judgment of the Sanitary Inspector, it is determined that a building lateral, without a property line clean-out, needs repair or replacement, the Town of Kirkland may install a clean-out at the property line, at the property owner’s expense, such that the street lateral can be maintained independently of the building lateral.
Section 611 C – Street Lateral Replacement; Ownership
Any existing street lateral which, upon examination by the Sanitary Inspector, is determined to be in need of replacement will be replaced with a new street lateral with a property line clean-out. The replacement street lateral shall be constructed by a licensed plumber. The cost of constructing the replacement street lateral and clean-out shall be at the property owner’s expense. Once the replacement street lateral and clean-out have been constructed and approved by the Sanitary Inspector, the new street lateral shall become the property of the Town of Kirkland. Any repairs to new street laterals shall be made by the Town of Kirkland at the Town of Kirkland’s expense.
Section 612 – Testing
The street lateral, building lateral, or the combined lateral shall be tested for infiltration/exfiltration by
(a) any full pipe method described in Section 505, or
(b) by a suitable joint method, with the prior written approval of the Sanitary Inspector.
Section 613 A – Connection Inspection
The applicant for the building lateral permit shall notify the Sanitary Inspector when the building lateral is ready for inspection and connection is to be made to the street lateral. The connection shall be made under the supervision of the Sanitary Inspector.
The applicant for the street lateral permit shall notify the Sanitary Inspector when the street lateral is ready for inspection and connection is to be made to the main sewer. The connection shall be made under the supervision of the Sanitary Inspector.
Section 613 B – Trench Inspections
When trenches are excavated for the laying of building lateral pipes or for laying of street lateral pipes, such trenches shall be inspected by the Sanitary Inspector. Before the trenches are backfilled, the person performing such work shall notify the Sanitary Inspector when the laying of the building lateral is completed, and no backfilling of trenches shall begin until approval is obtained from the Sanitary Inspector.
Section 614 – Public Safety Provisions Required; Restoration of Disturbed Areas
All excavations for constructing building laterals shall be adequately protected 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 Sanitary Inspector. When installation requires disturbance of paved public roads and shoulders, restoration shall involve backfilling to road grade. Shortly thereafter the Highway Department of the Town of Kirkland shall complete road and shoulder restoration to the Town of Kirkland Standards. The cost for such final road and shoulder restoration by the Highway Department of the Town of Kirkland shall be included with the fees paid with the application for the permit required in Section 602.
Section 615 – Interior Clean-Out
An interior clean-out fitting shall be provided for each building lateral at a readily accessible location, preferably just inside the basement wall. The fitting shall contain a 45-degree branch with removable plug or test tee, and so positioned that sewer cleaning equipment can be inserted therein to clean the building lateral.
The cleanout diameter shall be no less than the building lateral diameter.
Section 616 – Costs Borne by Owner
All costs associated with the provisions of this Article shall be borne by the property owner unless specifically stated or agreed” to be a cost borne by the Town of Kirkland. The property owner shall indemnify the Town of Kirkland from any loss or damage that may be directly or indirectly occasioned by the installation of the building and street laterals, and connections and appurtenances.
ARTICLE 7
INFLOW
Section 701 – New Inflow Sources Prohibited
No connections shall be made to a sanitary or to a combined sewer which connections are intended to discharge inflow. Such prohibited connections include, but are not limited to, footing drains, roof leaders, roof drains, cellar drains, sump pumps, catch basins, uncontaminated cooling water discharger, or other sources of inflow.
Section 702 – Existing Inflow Sources Disconnected
For properties where separate storm sewers are available within 100 feet of the property line or where, in the judgment of the Superintendent, sufficient natural drainage is available, connections which contribute inflow to the sanitary sewers must be disconnected in a fashion approved by the Superintendent, prior to the sale of the property.
Section 703 – Existing Inflow Sources Disconnected When Property Sold
Upon notice from the Tax Assessor, the Sanitary Inspector shall inspect any newly sold property for the purpose of determining if storm sewers or natural drainage is available, and, if so, if all connections which contribute inflow have been disconnected.
Section 704 – No Re-connection of Inflow Source Allowed
It shall be a willful violation of this Law for any person to reconnect any inflow source which has been disconnected pursuant to this Article.
Section 705 – Charges for Inflow
The Sanitary Inspector is enabled to take whatever action is necessary to determine the amount of inflow including the requirement for installation of a control manhole. The property from which the inflow originated shall be billed for inflow according to Article 12, however, the Town Board of the Town of Kirkland Board, after consultation with any other appropriate municipal board, may cause a surcharge at a rate not to exceed five (5) times that for normal sewage volume charge.
ARTICLE 8
TRUCKED OR HAULED WASTE
Section 801 – Licenses and Application
The discharge of trucked or hauled wastes into the Town of Kirkland sewer system and public sewers tributary thereto will be permitted only with the written approval (license) of the Superintendent. In the event the wastes are being hauled to the Village of Clinton treatment plant, written approval or license shall be by the Superintendent of the Clinton treatment plant (POTW). Applicants for such license shall apply on a form provided by the Superintendent. These forms may require information such as vehicle specifications, vehicle license number, vehicle color, NYSDEC permits issued under 6 NYCRR Part 364, approximate annual septage volume expected, service area, and any other information that the Superintendent may require, to determine whether the trucked or hauled wastes could adversely impact the POTW. The application shall be accompanied by a fee prescribed by the Superintendent, not to exceed $100.
The licensee of trucked or hauled wastes will also be charged a fee for each dumping, in accordance with Article 12. The dumping fee shall be paid prior to dumping.
Section 802 – Concurrent Requirements
The applicant for a license to truck or haul wastes shall be the owner of the vehicle or vehicles to be used for such discharge. Any false or misleading statement, in any license application, shall be grounds for invalidating the license. All licenses, issued by the Superintendent, for this purpose, shall be for one (1) year. The licensee shall also be duly permitted by the NYSDEC under 6 NYCRR Part 364 (“364 permit”). If, for any reason, the 364 permit is revoked, the 364 permit lapses or becomes invalid, then the license issued under this Article shall become invalid immediately. All acts performed in connection with the license shall be subject to the inspection and regulations, as established by the superintendent, the terms and conditions of the license and all local and general laws, ordinances, and regulations which are now or may come into effect, and such license may be suspended or revoked, at any time, by the Superintendent for willful, continued, or persistent violation thereof.
Section 803 – Dumping Location and Timing
The Superintendent may require discharging at only certain locations within the POTW, and only at certain times, and on only certain days of the week, or seasons of the year as shall be stated on said license or as may be relocated by the Superintendent, after appropriate notice. The time and conditions for permissible discharge shall be as set forth on the license, or as may be revised by the superintendent, after appropriate notice.
Section 804 – Notification of Dumping
Each discharge of trucked or hauled wastes shall be made only with the approval of the Superintendent. The Superintendent may require inspection, sampling, and analysis of each load prior to the discharge of a load. Any extra costs associated with such inspection, sampling, and analysis shall be paid by the licensee.
ARTICLE 9
DISCHARGE RESTRICTIONS
Section 901 – Pretreatment Standards
All users within the Clinton Sewer Service Are and any other Town of Kirkland POTW will comply with all standards and requirements of the Act and standards and requirements promulgated pursuant to the Act, including but not limited to 40 CFR Parts 406 – 471.
Section 902 – General Prohibitions
No user shall contribute or cause to be contributed, in any manner or fashion, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the POTW. These general prohibitions apply to all such users of a POTW whether or not the user is subject to National Categorical Pretreatment Standards, or any other National, State, or Local Pretreatment Standards or Requirements.
Without limiting the generality of the foregoing, a user may not contribute the following substances to the POTW:
(1) Any solids, liquids, or gases which, by reason of their nature or quantity, are or may be sufficient, either alone or by interaction with other substances, to cause a fire or an explosion or be injurious, in any way, to the POTW, or to the operation of the POTW. At no time shall both of two successive readings on a flame type explosion hazard meter, at the point of discharge into the system (or at any other point in the system) be more than 25 % nor any single reading be more than 40 % of the lower explosive limit (LEL) of the meter. Unless explicitly allowable by a written permit, prohibited materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, carbides, hydrides, and sulfides, and any other substance which the appropriate municipal board, the State, or the EPA has determined to be a fire hazard, or hazard to the POTW.
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or otherwise interfere with the operation of the wastewater treatment facilities. Unless explicitly allowable by a written permit, such substances include, but are not limited to, grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar asphalt residues, residues from refining or processing fuel or lubricating oil, mud, or glass or stone grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0 or greater than 10.0, unless the POTW was specifically designed to manage such wastewater, or wastewater having any other corrosive property capable of causing damage or hazard to structures, equipment, and/or POTW personnel.
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants (including heat), to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the POTW, or to exceed the limitation set forth in a Categorical Pretreatment Standard.
A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(A) of the Act.
(5) Any noxious or malodorous solids, liquids, or gases which either singly or by interaction with other wastes are sufficient to create a public nuisance or a hazard to life or are sufficient to prevent entry into the sewers for their maintenance or repair.
(6) Oils and grease – Any commercial, institutional, or industrial wastes containing fats, waxes, grease, or oils which become visible solids when the wastes are cooled to ten (10) degrees centigrade (50 degrees fahrenheit); any petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin, in excess of 100 mg/l or in amounts that will cause interference or pass through.
(7) Any wastewater which will cause interference or pass through.
(8) Any wastewater with objectionable color which is not removed in the treatment process, such as, but not limited to, dye wastes, and vegetable tanning solutions.
(9) Any solid, liquid, vapor, or gas having a temperature higher than 65 degrees C (150 degrees F) i however, such materials shall not cause the POTW treatment plant influent temperature to be greater than 40 degrees C (104 degrees F). The Superintendent reserves the right, in certain instances, to prohibit or limit the discharge of wastes whose maximum temperatures are lower than 65 degrees C.
(10) Unusual flow rate or concentration of wastes, constituting slugs, except by Industrial Wastewater Permit.
(11) Any wastewater containing any radioactive wastes except as approved by the Superintendent, and in compliance with applicable State and Federal regulations.
(12) Any wastewater which causes a hazard to human life or which creates a public nuisance, either by itself or in combination, in any way, with other wastes.
(13) Any wastewater with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR Part 261.21.
(14) Any pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity that may cause acute worker health and safety problems.
Section 903 – Concentration Based Limitations
No person shall discharge, directly or indirectly, into the POTW, wastewater containing substances in excess of the allowable concentrations specified in any applicable permit issued to the respective POTW treatment plant by the New York State Department of Environmental Conservation, on either a daily or an instantaneous basis, except by permit, or as provided in said standards and/or regulations. Concentration limits are applicable to wastewater effluents at the point just prior to discharge into the POTW (“end of pipe” concentrations).
EFFLUENT CONCENTRATION
LIMIT – mg/l
SUBSTANCE
ALLOWABLE AVERAGE DAILY
ALLOWABLE MAXIMUM INSTANTANEOUS
(1)
(2)
(3)
Aluminum
Antimony
Arsenic
Barium
Beryllium
Bismuth
Bromine
Cadmium
Chlorides
Chlorine
Chromium (hex)
Chromium (tot)
Cobalt
Copper
Cyanide (complex)
Cyanide (free)
Fluorides
Gold
Iodine
Iron
Lead
Manganese
Mercury
Molybdenum
Nickel
Phenols, total
Selenium
Silver
Sulfates
Sulfides
Tin
Titanium
Vanadium
Zinc
(1) Except for chromium (hex), all concentrations listed for metallic substances shall be as “total metal”, which shall be defined as the value measured in a sample acidified to a pH value of 2 or less, without prior filtration.
(2) As determined on a composite sample taken from the User’s daily discharge over a typical operational and/or production day.
(3) As determined on a grab sample taken from the User’s discharge at any time during the daily operational and/or production period.
(4) Other substances which may be limited are:
antibiotics
chemical compounds which, upon acidification, alkalinization, oxidation or reduction, in the discharge or after admixture with wastewater and its components in the POTW produce toxic,
flammable, or explosive compounds
pesticides, including algicides, fungicides, herbicides, insecticides, rodenticides polyaromatic hydrocarbons
viable pathogenic organisms from industrial processes or hospital procedures
Section 904 – Mass Discharge Based Limitations
At no time shall the influent to the POTW contain quantities in excess of those specified by the Department of Environmental Conservation of the State of New York, or as set forth below:
ALLOWABLE INFLUENT LOADING
SUBSTANCE
AVERAGE DAILY (POUNDS PER DAY)
Aluminum
Antimony
Arsenic
0.5
Barium
Beryllium
Cadmium
8.5
Chromium (hex)
8.5
Chromium (total)
8.5
Cobalt
Copper
8.5
Cyanide (complex)
0.9
Cyanide (free)
0.9
Gold
Iron
Lead
0.9
Mercury
0.9
Nickel
8.5
Phenols (total)
Selenium
Silver
Tin
Zinc
8.5
To assure that none of the above noted limitations are violated, the Superintendent shall issue permits to significant industrial users limiting the discharge of the substances noted above. Each permit shall restrict the discharge from each significant industrial user to a portion of the total allowable influent loading. In determining what portion of the total of each substance that each significant industrial user shall be allowed to discharge the superintendent shall consider: (1) the quantities of each substance that are uncontrollable because they occur naturally in wastewater, (2) the quantities of each substance that are anthropogenic but are nonetheless uncontrollable, (3) historical discharge trends, (4) past pollution control efforts of each significant industrial user as compared to other significant industrial dischargers of the same substance, (5) potential for growth in the POTW service area, (6) potential for more restrictive regulatory requirements to be placed on the POTW discharge or sludge disposal or sludge reuse method, and (7) treatability of the substance. The superintendent shall apply a minimum 15 % safety factor to be protective of the POTW.
Permits issued in accordance with this section may allow for discharges in excess of limitations set forth under section 902.
Section 905 – Modification of Limitations
Limitations on wastewater strength or mass discharge contained in this Law may be supplemented with more stringent limitations when, in the opinion of the Superintendent:
(1) The limitations in this Law are not sufficient to protect the POTW,
(2) The limitations in this Law are not sufficient to enable the POTW treatment plant to comply with applicable water quality standards or the effluent limitations specified in the POTW’s SPDES permit,
(3) The POTW sludge will be rendered unacceptable for disposal or reuse as the appropriate municipal board desires, as a result of discharge of wastewaters at the above prescribed concentration limitations,
(4) Municipal employees or the public will be endangered, or
(5) Air pollution and/or groundwater pollution will be caused.
The limitations on wastewater strength or mass discharge shall be recalculated not less frequently than once every five (5) years. The results of these calculations shall be reported to the appropriate municipal board. This Law shall then be amended appropriately. Any issued industrial wastewater discharge permits, which have limitations, based directly on any limitations, which were changed, shall be revised and amended, as appropriate.
Section 906 – Dilution
Except where expressly authorized to do so by an applicable Pretreatment Standard, no user shall ever increase the use of process water or, in any other way, attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard.
Dilution flow shall be considered to be inflow.
Section 907 – Grease, Oil, and Sand Interceptors
Grease, oil, and sand interceptors shall be provided, when, in the opinion of the Superintendent, they are necessary for the proper handling of wastewater containing excessive amounts of grease, flammable substances, sand, or other harmful substances; except that such interceptors shall not be required for private living quarters or living units. All interceptors shall be of type and capacity approved by the Superintendent and shall be so located to be easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned, and repaired regularly, as needed, by the owner, at his expense.
ARTICLE 10
DISCHARGE PERMITS AND PRETREATMENT REQUIREMENTS
Section 1001 – Wastewater Discharge Reports
As a means of determining compliance with this Law, with applicable SPDES permit conditions, and with applicable State and Federal law, each industrial user shall be required to notify the Superintendent of any new or existing discharges to the POTW by submitting a completed Industrial Chemical Survey (ICS) form and a completed Industrial Wastewater Survey (IWS) form to the Superintendent. The Superintendent may require any user discharging wastewater into the POTW to file wastewater discharge reports and to supplement such reports as the Superintendent deems necessary. All information shall be furnished by the user in complete cooperation with the Superintendent.
Section 1002 – Notification to Industrial Users
The Superintendent shall, from time to time, notify each industrial user of applicable Pretreatment Standards, and of other applicable requirements under Section 204(B) and Section 405 of the Clean Water Act, and Subtitles C and D of RCRA.
Section 1003 A – Wastewater Discharges
No Significant Industrial User shall discharge wastewater to the POTW without having a valid Wastewater Discharge Permit, issued by the Superintendent. Significant Industrial Users shall comply fully with the terms and conditions of their permits in addition to the provisions of this Law. Violation of a permit term or condition is deemed a violation of this Law.
Section 1003 B – Wastewater Discharge Permits Required For Significant Industrial Users
All Significant Industrial Users proposing to connect to or to discharge to the POTW shall obtain a Wastewater Discharge Permit before connecting to or discharging to the POTW. Existing significant industrial users shall make application for a Wastewater Discharge Permit within 30 days after the effective date of this Law, and shall obtain such a permit within 90 days after making application.
Section 1003 C – Other Industrial Users
The Superintendent may issue Wastewater Discharge Permits to other industrial users of the POTW.
Section 1003 D – Discharge Permits to Storm Sewers Not Authorized
Neither the Hamilton College Sewer District, Clinton Sewer Service Area, Village of Clinton, nor the Town of Kirkland have the authority to issue permits for the discharge of any wastewater to storm sewer. This authority rests with the NYSDEC.
Section 1004 A – Application for Wastewater Discharge Permits
Industrial users required to obtain a Wastewater Discharge Permit shall complete and file with the Superintendent an application in the form prescribed by the appropriate municipal board, the application shall be accompanied by a fee, as set forth in Section 1203. In support of any application, the industrial user shall submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address, and location (if different from the address)
(2) SIC code of both the industry and any categorical processes.
(3) Wastewater constituents and characteristics including but not limited to those mentioned in Article 10 of this Law and which are limited in the appropriate Categorical Standard, as determined by a reliable analytical laboratory approved by the NYSDOH. Sampling and analysis shall be performed in accordance with Standard Methods.
(4) Time and duration of the discharge.
(5) Average daily 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, sewer connections, and appurtenances.
(7) Description of activities, facilities, and plant processes on the premises, including all materials which are or could be discharged to the POTW.
(8) Each product produced by type, amount, process or processes, and rate of production.
(9) Type and amount of raw materials processed (average and maximum per day) .
(10) Number and type of employees, and hours of operation, and proposed or actual hours of operation of the pretreatment system.
(11) The nature and concentration of any pollutants in the discharge which are limited by any County, State, or Federal Standards, and a statement whether or not the standards are being met on a consistent basis and if not whether additional Operation and Maintenance (O&M) and/or additional pretreatment is required for the user to meet all applicable Standards.
(12) If additional pretreatment and/or O&M will be required to meet the Standards, then the industrial user shall provide the shortest schedule to accomplish such additional treatment and/or O&M. The completion date in this schedule shall not be longer than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule:
(a) The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable Pretreatment Standards (such events include hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, beginning operation, and beginning routine operation) .
(b) No increment referred to in (a) above shall exceed 9 months, nor shall the total compliance period exceed 18 months.
(c) No later than 14 calendar days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the Superintendent including, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the user to return to the established schedule. In no event shall more than 9 months elapse between such progress reports to the Superintendent.
(13) Any other information as may deemed by the Superintendent to be necessary to evaluate the permit application.
The Superintendent will evaluate the data furnished by the industrial user and may require additional information. After evaluation and acceptance of the data furnished, the appropriate municipal board may issue a Wastewater Discharge Permit subject to terms and conditions provided herein.
Section 1004 B – Permit Modifications
Wastewater Discharge Permits may be modified by the Superintendent, upon 30 days notice to the permittee, for just cause. Just cause shall include, but not be limited to:
(1) Promulgation of an applicable National Categorical Pretreatment Standard,
(2) Revision of or a grant of a variance from such categorical standards pursuant to 40 CFR 403.13,
(3) Changes in general discharge prohibitions and local limits as per Section 903 of this law,
(4) Changes in processes used by the permittee, or changes in discharge volume or character,
(5) Changes in design or capability of any part of the POTW,
(6) Discovery that the permitted discharge causes or contributes to pass through or interference, and
(7) Changes in the nature and character of the sewage in the POTW as a result of other permitted discharges.
Any changes or new conditions in the permit shall include a reasonable time schedule for compliance as set forth in Section 1004 A (12) (a) .
Section 1004 C – Permit Conditions
Wastewater Discharge Permits shall be expressly subject to all the provisions of this Law, and all other applicable regulations, user charges and fees established by the appropriate municipal board. Permits may contain the following:
(1) Limits on the average and maximum rate and time of discharge, or requirements for flow regulation and equalization.
(2) Limits on the average and maximum wastewater constituents and characteristics, including concentration or mass discharge limits.
(3) The unit charge or schedule of user charges and fees for the management of the wastewater discharged to the POTW.
(4) Requirements for installation and maintenance (in safe condition) of inspection and sampling facilities.
(5) Specifications for monitoring programs which may include sampling locations/ frequency of sampling/ number/ types/ and standards for tests/ and reporting schedules.
(6) Compliance schedules
(7) Requirements for submission of technical reports or discharge reports.
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge/ as specified by the appropriate municipal board and affording the Superintendent access thereto.
(9) Requirements for notification of the appropriate municipal board of any new introduction of wastewater constituents or of any substantial change in the volume or character of the wastewater constituents being introduced into the POTW.
(10) Requirements for the notification of the appropriate municipal board of any change in the manufacturing and/or pretreatment process used by the permittee.
(11) Requirements for notification of excessive/ accidental/ or slug discharges.
(12) Other conditions as deemed appropriate by the appropriate municipal board to ensure compliance with this Law/ and State and Federal laws/ rules/ and regulations.
Section 1004 D – Permit Duration
Permits shall be issued for a specified time period/ not to exceed five (5) years. A permit may be issued for a period less than five (5) years.
Section 1004 E – Permit Reissuance
The user shall apply for permit reissuance a minimum of 180 days prior to the expiration of the user/s existing permit. The terms and conditions of the permit may be subject to modification/ by the Superintendent/ during the term of the permit/ as limitations or requirements/ as identified in Section 1004 B/ or other just cause exists. The User shall be informed of any proposed changes in his permit at least 30 days prior to the effective date of the change. Any changes or new conditions in the reissued permit shall include a reasonable time schedule for compliance as established in Section 1004 A (12) (a).
Section 1004 F – Permit Transfer
Wastewater Discharge Permits are issued to a specific User for a specific operation, or discharge at a specific location. A Wastewater Discharge Permit shall not be reassigned, transferred, or sold to a new owner, new User, different premises, or a new or changed operation.
Section 1004 G – Permit Revocation
Wastewater Discharge Permits may be revoked for the following reasons: falsifying self-monitoring reports, tampering with monitoring equipment, refusing to allow the Superintendent timely access to the industrial premises, failure to meet effluent limitations, failure to pay fines, failure to pay user charges, and failure to meet compliance schedules.
Section 1004 H – Public Notification
The appropriate municipal board will publish in the Clinton Courier an informal notice of intent to issue a Wastewater Discharge Permit, at least 14 days prior to issuance.
Section 1005 – Reporting Requirements for Permittee
The reports or documents required to be submitted or maintained under this section shall be subject to:
(a) The provisions of 18 USC Section 1001 relating to fraud and false statements;
(b) The provisions of Sections 309 (c) (4) of the Act, as amended, governing false statements, representation or certification; and
(c) The provisions of Section (c) (6) of the Act, as amended, regarding corporate officers.
(1) Baseline Monitoring Report
Within 180 days after promulgation of an applicable Federal Categorical Pretreatment Standard, a User subject to that standard shall submit, to the Superintendent, the information required by paragraphs (8) and (9) of Section 1004 A.
(2) 90-Day Compliance Report
Within 90 days following the date for final compliance with applicable Pretreatment Standards, or, in the case of a New Source, following commencement of the introduction of wastewater into the POTW, any User subject to Pretreatment Standards and Requirements shall submit, to the Superintendent, a report indicating the nature and concentration of all pollutants in the discharge, from the regulated process, which are limited by Pretreatment Standards and Requirements, and the average and maximum daily flow for these process units in the User’s facility which are limited by such Pretreatment Standards and Requirements. The report shall state whether the applicable Pretreatment Standards and Requirements are being met on a consistent basis, and, if not, what additional O&M and/or pretreatment is necessary to bring the User into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be signed by an authorized representative of the Industrial User, and certified to by a qualified professional.
(3) Periodic Compliance Reports
(a) Any User subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard, or, in the case of a New Source, after commencement of the discharge into the POTW, shall submit to the Superintendent, during the months of June and December, unless required more frequently in the Pretreatment Standard or by the Superintendent, a report indicating the nature and concentration of pollutants in the effluent which are limited by such Pretreatment Standards. In addition, this report shall include a record of all daily flows which, during the reporting period, exceeded the average daily flow reported in Section 1004 A. At the discretion of the Superintendent, and in consideration of such factors as local high or low flow rates, holidays, budget cycles, etc., the Superintendent may agree to alter the months during which the above reports are to be submitted, however, no fewer than two reports shall be submitted per year.
(b) The Superintendent may impose mass limitations on Users, which are using dilution to meet applicable Pretreatment Standards or Requirements, or, in other cases where the imposition of mass limitations are appropriate. In such cases, the report required by Section 1005 (3) (a) shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of the User. These reports shall contain the results of discharge sampling and analysis, including the flow, and the nature and concentration, or production and mass, where requested by the Superintendent, of pollutants contained therein, which are limited by the applicable Pretreatment Standard. All analyses shall be performed in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform the analyses.
(4) Violation Report
If sampling, performed by the user, indicates a violation of this Law and/or the User’s discharge permit, the User shall notify the Superintendent within 24 hours of becoming aware of the violation. The User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the Superintendent within 30 days after becoming aware of the violation. The User is not required to re-sample if the POTW performs monitoring of the User’s discharge at least once a month for the parameter which was violated, or if the POTW performs sampling, for the parameter which was violated, between the User’s initial sampling and when the User receives the results of this sampling.
(5) Other reports
The superintendent may impose reporting requirements equivalent to the requirements imposed by Section 1005(3) for users not subject to pretreatment standards.
Section 1006 – Flow Equalization
No person shall cause the discharge of slugs to the POTW.
Each person discharging, into the POTW, greater than 100,000 gallons per day or greater than five percent (5%) of the average daily flow in the POTW, whichever is lesser, shall install and maintain, on his property and at his expense, a suitable storage and flow control facility to insure equalization of flow over a twenty-four (24) hour period. The facility shall have a capacity for at least fifty percent
(50%) of the daily discharge volume and shall be equipped with alarms and a rate of discharge controller, the regulation of which shall be directed by the Superintendent. A wastewater discharge permit may be issued solely for flow equalization.
Section 1007 – Monitoring Stations (Control Manholes)
(a) All Significant Industrial Users, and other Industrial Users whose industrial waste discharge has caused or may cause Interference or Pass-Through shall install and maintain a suitable monitoring station, on their premises at their expense, to facilitate the observation, sampling, and measurement of their industrial wastewater discharge.
(b) If there is more than one street lateral serving an Industrial User, the Superintendent may require the installation of a control manhole on each lateral.
(c) The Superintendent may require that such monitoring station(s) include equipment for the continuous measurement and recording of wastewater flow rate and for the sampling of the wastewater. Such station(s) shall be accessibly and safely located, and the Industrial User shall allow immediate access, without prior notice, to the station by the Superintendent, or his designated representative.
Section 1008 – Proper Design and Maintenance of Facilities and Monitoring Stations
Preliminary treatment, and flow equalization facilities, or monitoring stations, if provided for any wastewater, shall be constructed and maintained continuously clean, safe, and continuously operational by the owner at his expense. Where an Industrial User has such treatment, equalization, or monitoring facilities at the time this Law is enacted, the Superintendent may approve or disapprove the adequacy of such facilities. Where the Superintendent disapproves of such facilities and construction of new or upgraded facilities for treatment, equalization, or monitoring are required, plans and specifications for such facilities shall be prepared by a licensed professional engineer and submitted to the Superintendent. Construction of new or upgraded facilities shall not commence until written approval of the Superintendent has been obtained.
Section 1009 – Vandalism, Tampering with Measuring Devices
No unauthorized person shall negligently break, damage, destroy, uncover, deface, tamper with, prevent access, or render inaccurate, or cause or permit the negligent breaking, damaging, destroying, uncovering, defacing, tampering with, preventing access, or rendering inaccurate to:
i. any structure, appurtenance, or equipment which is a part of the Town of Kirkland POTW, or
ii. any measuring, sampling, and/or testing device or mechanism installed pursuant to any requirement under this Law except as approved by the Superintendent.
Section 1010 – Sampling and Analysis
Sampling shall be performed so that a representative portion of the wastewater is obtained for analysis.
All measurements, tests, and analyses of the characteristics of waters and wastes required in any section of this Law shall be carried out in accordance with Standard Methods, by a laboratory certified by NYSDOH to perform the analyses. Such samples shall be taken at the approved monitoring stations described in Section 1007, if such a station exists. If an approved monitoring station is not required, then samples shall be taken from another location on the industrial sewer lateral before discharge to the public sewer. Unless specifically requested otherwise, or unless specifically not allowed in Federal regulation, samples shall be gathered as flow proportioned (where feasible) composite samples made up of individual samples taken not less than once per hour for the period of time equal to the duration of industrial wastewater discharge during daily operations (including any cleanup shift) .
Section 1011 – Accidental Discharges; SPCC Plan
Each user shall provide for protection from accidental or slug discharges of prohibited materials or discharges of materials in volume or concentration exceeding limitations of this Law or of an Industrial Wastewater Discharge Permit. Users shall immediately notify the Superintendent and Sanitary Inspector of the discharge of wastes in violation of this Law or any Permit. Such discharges may result from:
(1) Breakdown of pretreatment equipment
(2) Accidents caused by mechanical failure, or negligence
(3) Other causes.
Where possible, such immediate notification shall allow the Superintendent to initiate appropriate countermeasure action at the POTW. The user shall prepare a detailed written statement following any accidental or slug discharge, which describes the causes of the discharge and the measures being taken to prevent future occurrences, within five (5) days of the occurrence, and the Superintendent shall receive a copy of such report no later than the fifth calendar day following the occurrence. Analytical results and their interpretation may be appended to the report at a date not exceeding 45 calendar days after the occurrence.
When required by the Superintendent, detailed plans and procedures to prevent accidental or slug discharges shall be submitted to the Superintendent, for approval. These plans and procedures shall be called a Spill Prevention, Control, and Countermeasure (SPCC) Plan. The plan shall address, at a minimum, the following:
(a) Description of discharge practices, including non- routine batch discharges;
(b) Description of stored chemicals;
(c) Procedures for immediately notifying the POTW of any accidental or slug discharge. Such notification must also be given for any discharge which would violate any provision of the permit and any National Prohibitive Discharge Standard;
(d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
Section 1012 – Posting Notices
In order that the Industrial User’s employees be informed of the appropriate municipal board requirements, a notice shall be permanently posted on appropriate bulletin boards within the user’s facility advising employees of the appropriate municipal board requirements and whom to call in case of an accidental discharge in violation of this Law.
Section 1013 – Sample Splitting
When so requested in advance by an industrial user, and when taking a sample of industrial wastewater, the appropriate municipal board representative(s) and the Superintendent of the respective POTW shall gather sufficient volume of sample so that the sample can be split into two nearly equal volumes, each of size adequate for the anticipated analytical protocols including any Quality Control (QC) procedures. One of the volumes shall be given to the industry whose wastewater was sampled, and the other shall be retained by the Town of Kirkland for its own analysis.
Section 1014 – Access to Information
When requested, the Superintendent shall make available, to the public, for inspection and/or copying, information and data on industrial users obtained from reports, questionnaires, permit applications, permit and monitoring programs, and inspections, unless the Industrial User specifically requests, and is able to demonstrate to the satisfaction of the Superintendent, that such information, if made public, would divulge processes or methods of production entitled to protection as trade secrets of the user. Wastewater constituents and characteristics, and reports of accidental discharges shall not be recognized as confidential.
Confidential information shall not be made available for inspection and/or copying by the public but shall be disclosed, upon written request, to governmental agencies, for uses related to this Law, or the SPDES Permit, providing that the governmental agency making the request agrees to hold the information confidential, in accordance with State or Federal Laws, Rules and Regulations. The Superintendent shall provide written notice to the industrial user of any disclosure of confidential information to another governmental agency.
Section 1015 A – Access to Property
The Superintendent, Sanitary Inspector or their designees, and other authorized representatives of the appropriate municipal board, representatives of EPA, NYSDEC, NYSDOH, and/or Oneida County Health Department, bearing proper credentials and identification,shall be permitted to enter upon all non-residential properties at all times for the purpose of inspection, observation, sampling, flow measurement, and testing to ascertain a user’s compliance with applicable provisions of Federal and State law governing use of the Town of Kirkland POTW, and with the provisions of this Law. Inspections of residential properties shall be performed in proper observance of the resident’s civil rights. Such representative(s) shall have the right to set up, on the User’s property or property rented/leased by the User, such devices as are necessary to conduct sampling or flow measurement. Guard dogs shall be under proper control of the User while the representatives are on the User’s property or property rented/leased by the User. Such representative(s) shall, additionally have access to and may copy any records the User is required to maintain under this Law. Where a User has security measures in force which would require proper identification and clearance before entry into the premises, the user shall make necessary arrangements so that upon presentation of suitable identification, inspecting personnel will be permitted to enter, without delay, for the purpose of performing their specific responsibilities.
Section 1015 B – Access to Easements
The superintendent, Sanitary Inspector or their designees, bearing proper credentials and identification, shall be permitted to enter all private premises through which the Town of Kirkland holds an easement for the purpose of inspection, observation, measurement, sampling, repair, and maintenance of any portion of the public sewer system within the Town of Kirkland lying within the easement. All entry and subsequent work on the easement shall be done in accordance with the terms of the easement pertaining to the private premises involved.
Section 1015 C – Liability of Property Owner
During the performance, on private premises, of inspections, sampling, or other similar operations referred to in Sections 1014 A and 1014 B, the inspectors shall observe all applicable safety rules established by the owner or occupant of the premises. The owner and/or occupant shall be held harmless for personal injury or death of the inspector and the loss of or damage to the inspector’s supplies and/or equipment; and the inspector shall indemnify the owner and/or occupant against loss or damage to property of the owner or occupant by the inspector and against liability claims asserted against the owner or occupant for personal injury or death of the inspector or for loss of or damage to the inspector’s supplies or equipment arising from inspection and sampling operations, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions.
Section 1016 – Special Agreements
Nothing in this Article shall be construed as preventing any special agreement or arrangement between the appropriate municipal board and any User of the POTW whereby wastewater of unusual strength or character is accepted into the POTW and specially treated, subject to any payments or user charges, as may be applicable. In entering into such a special agreement, the appropriate municipal board shall consider whether the wastewater will:
(1) pass-through or cause interference
(2) endanger the public municipal employees
(3) cause violation of the SPDES Permit
(4) interfere with any Purpose stated in Section 102
(5) prevent the equitable compensation to the Town of
Kirkland for wastewater conveyance and treatment, and sludge management and disposal
No discharge which violates the Federal Pretreatment Standards will be allowed under the terms of such special agreements.
ARTICLE 11
ENFORCEMENT AND PENALTIES
Section 1101- Enforcement Response Plan
The appropriate municipal board shall prepare an Enforcement Response Plan. The Enforcement Response Plan, in a step-by-step fashion, shall outline the procedures to be followed to identify, document, and respond to violations by Users of the POTW. All violations by Users of the POTW shall be met with some type of enforcement response. The response shall be comprehensive and effective.
The Enforcement Response Plan shall:
(1) describe how the Superintendent will investigate instances of non-compliance
(2) describe the types of escalated enforcement actions that the Superintendent will take in response to all anticipated types of User violations and the time periods within which to initiate and follow-up these actions
(3) adequately reflect the appropriate municipal board’s responsibility to enforce all applicable standards and requirements.
The Enforcement Response Plan shall contain:
(1) criteria for scheduling periodic inspection and/or sampling visits to POTW Users
(2) forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence
(3) systems to track due dates, compliance schedule milestones, and pending enforcement actions
(4) criteria, responsible personnel, and procedures to select and initiate an enforcement action.
The range of appropriate enforcement actions shall be based on the nature and severity of the violation and other relevant factors, such as:
magnitude of the violation duration of the violation
effect of the violation on the receiving water effect of the violation on the POTW
effect of the violation on the health and safety of the POTW employees
compliance history of the User
good faith of the User
and shall promote consistent and timely use of enforcement remedies.
The appropriate municipal board shall approve the Enforcement Response Plan. The Enforcement Response Plan shall be reviewed at least every five years.
ADMINISTRATIVE REMEDIES
Section 1102 – Notification of Violation
Whenever the Superintendent finds that any User has violated or is violating this Law, or any Wastewater Discharge Permit, order, prohibition, limitation, or requirement permitted by this Law, the Superintendent may serve upon such person a written notice stating the nature of the violation. Within ten (10) calendar days of the date the Superintendent mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Superintendent, by the User. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the User of liability for any violations caused by the User before or after receipt of the Notice of Violation.
Section 1103 – Consent Orders
The Superintendent is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the User responsible for the noncompliance. Such orders shall include specific action to be taken by the User to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as an administrative order.
Section 1104 – Administrative or Compliance Orders
When the Superintendent finds that a User has violated or continues to violate this Law or a permit or administrative order issued thereunder, he may issue an administrative order to the User responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
The User may, within fifteen (15) calendar days of receipt of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1105 – Administrative Fines
Notwithstanding any other section of this Law, any User who is found to have violated any provision of this Law, or a wastewater discharge permit or administrative order issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
The User may, within fifteen (15) calendar days of notification of the Superintendent’s notice of such fine, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the fine, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1106 – Cease and Desist Orders
When the Superintendent finds that a User has violated or continues to violate this Law or any permit or administrative order issued hereunder, the Superintendent may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
The User may, within fifteen (15) calendar days of the date the Superintendent mails notification of such order, petition the Superintendent to modify or suspend the order. such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order,
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1107 – Termination of Permit
Any User who violates the following conditions of this Law or a wastewater discharge permit or administrative order, or any applicable or State and Federal law, is subject to permit termination:
(1) Violation of permit conditions
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge
(3) Failure to report significant changes in operations or wastewater constituents and characteristics
(4) Refusal of reasonable access to the User’s premises for the purpose of inspection, monitoring, or sampling.
Non-compliant industrial Users will be notified, by registered mail, of the proposed termination of their wastewater permit.
The User may, within fifteen (15) calendar days of the date the Superintendent mails such notification, petition the Superintendent to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1108 – Water Supply Severance
Whenever a User has violated or continues to violate the provisions of this Law or an order or permit issued hereunder, water service to the User may be severed and service will only recommence, at the User’s expense, after it has satisfactorily demonstrated its ability to comply.
The User may, within fifteen (15) calendar days of severance, petition the Superintendent to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Reconnect the water supply, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1109 – Show Cause Hearing
The Superintendent may order any User appealing administrative remedies for violations of this Law to show cause, before the appropriate municipal board, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the User specifying the time and place of a hearing to be held by the appropriate municipal board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the User to show cause before the appropriate municipal board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least ten (10) calendar days before the hearing in accordance with Section 1111 of this Article. Service shall be made on any principal or executive officer of a User’s establishment or to any partner in a User’s establishment. The notice of the hearing shall be served at least ten (10) calendar days before the hearing, in accordance with Section 1111.
The appropriate municipal board may itself conduct the hearing, or may designate any of its members or any officer or employee of the appropriate municipal board to conduct the hearing:
(1) Issue, in the name of the appropriate municipal board, notices of hearings requesting the attendance and testimony of witnesses, and the production of evidence relevant to any matter involved in such hearings,
(2) Take the evidence,
(3) Take sworn testimony,
(4) Transmit a report of the evidence and hearing, including transcripts and other evidence,
together with recommendations to the appropriate municipal board for action thereon.
After the appropriate municipal board has reviewed the evidence and testimony, it may order the user to comply with the Superintendent’s order or fine, modify the Superintendent’s order or fine, or vacate the Superintendent’s order or fine.
Section 1110 – Failure of User to Petition the Superintendent
In the event the Superintendent issues any administrative order, terminates the User’s permit, or makes any fine as set forth in this article, and the User fails, within the designated period of time set forth, to petition the Superintendent, as provided in appropriate sections of this article, the User shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.
Section 1111 – Notice
The notices, orders, petitions, or other notification which the User or Superintendent shall desire or be required to give pursuant to any sections of this Law shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, postage prepaid, and the notice, order, petition, or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order, or communication mailed to the User pursuant to the sections of this Law shall be mailed to the User where the User’s effluent is discharged into transmission lines to the Town of Kirkland’s POTW. Any notice, petition, or other communication mailed to the Superintendent shall be addressed and mailed to the Town Hall of the Town of Kirkland.
Section 1112 – Right to Choose Multiple Remedies
The Superintendent shall have the right, within the Superintendent’s sole discretion, to utilize anyone or more appropriate administrative remedies set forth in this Article. The Superintendent may utilize more than one administrative remedy established pursuant to this Article, and the Superintendent may hold one show cause hearing combining more than one enforcement action.
JUDICIAL REMEDIES
Section 1113 – Civil Actions For Penalties
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Law, or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder, shall be liable to the Town of Kirkland for a civil penalty not to exceed one thousand dollars ($1000) for each such violation, to be assessed after a hearing (unless the User waives the right to a hearing) held in conformance with the procedures set forth in this Article. Each violation shall be separate and distinct violation, and in the case of continuing violation, each day’s continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Town of Kirkland attorney, or his designated attorney, at the request of the Superintendent in the name of the Town of Kirkland, in any court of competent jurisdiction giving preference to courts local to the Town of Kirkland. In addition to the above described penalty, the Superintendent may recover all damages incurred by the Town of Kirkland from any persons or Users who violate any provisions of this Law, or who fail to perform any duties imposed by this Law or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder. In addition to the above described damages, the Superintendent may recover all reasonable attorney’s fees incurred by the Town of Kirkland in enforcing the provisions of this Article, including reasonable attorney’s fees incurred in any action to recover penalties and damages, and the Superintendent may also recover court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
In determining the amount of civil penalty, the court shall take into account all relative circumstances, including, but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the User’s violation, corrective actions by the User, the compliance history of the User, and any other relative factors as justice may require.
Such civil penalty may be released or compromised by the Superintendent before the matter has been referred to the Town of Kirkland attorney, and where such matter has been referred to the Town of Kirkland attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Town of Kirkland attorney, with the consent of the Superintendent.
Section 1114 – Court Orders
In addition to the power to assess penalties as set forth in this Article, the Superintendent shall have the power, following the hearing held in conformance with the procedures set forth in this Article, to seek an order:
(1) Suspending, revoking, or modifying the violator’s Wastewater Discharge Permit, or
(2) Enjoining the violator from continuing the violation.
Any such court order shall be sought in an action brought by the Town of Kirkland attorney, at the request of the Superintendent, in the name of the Town of Kirkland, in any court of competent jurisdiction giving precedence to courts local to the Town of Kirkland.
The Town of Kirkland attorney, at the request of the Superintendent shall petition the Court to impose, assess, and recover such sums imposed according to this Article. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the User’s violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires.
Section 1115 – Criminal Penalties
Any person who willfully violates any provision of this Law or any final determination or administrative order of the Superintendent made in accordance with this Article shall be guilty of a Class A Misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Five Hundred Dollars ($500) nor more than One Thousand Dollars ($1,000), or imprisonment not to exceed one (1) year or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day’s continuance thereof shall be deemed a separate and distinct offense.
Any User who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Law, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Law shall be guilty of a Class A Misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.
No prosecution, under this Section, shall be instituted until after final disposition of a show cause hearing, if any, was instituted.
Section 1116 – Additional Injunctive Relief
Whenever a User has violated or continues to violate the provisions of this Law or permit or order issued hereunder, the Superintendent, through counsel may petition the Court, in the name of the Town of Kirkland, for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains the violation of, or compels the compliance with any order or determination thereunder by the Superintendent.
Section 1117 – Summary Abatement
Notwithstanding any inconsistent provisions of this Law, whenever the Superintendent finds, after investigation, that any User is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Superintendent, presents an imminent danger to the public health, safety, or welfare, or to the environment, or is likely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Superintendent may, without prior hearing, order such User by notice, in writing wherever practicable or in such other form as practices are intended to be proscribed, to discontinue, abate, or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate, or alleviate such condition or activity; or where the giving of notice is impracticable, or in the event of a User’s failure to comply voluntarily with an emergency order, the Superintendent may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed fifteen (15) calendar days, the Superintendent shall provide the User an opportunity to be heard, in accordance with the provisions of this Article.
If the User is not within the geographic boundaries of the Town of Kirkland the right of summary abatement to discontinue, abate, or alleviate conditions or activities shall be those prescribed in the applicable inter-municipal agreement.
The Superintendent, 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 to preserve the POTW or the environment.
MISCELLANEOUS
Section 1118 – Delinquent Payments
If there shall be any payments which are due to the Town of Kirkland, or any Department thereof, pursuant to any Article or Section of this Law, which shall remain due and unpaid, in whole or in part, for a period of twenty (20) calendar days from the date of billing by the Town of Kirkland, the same shall constitute a default, and there shall be added to the entire amount of the original bill, a penalty equal to twenty percent (20%) of the original bill, and interest shall accrue on the unpaid balance, at the rate of two percent (2%) per month, retroactive to the date of the original billing.
In the event that there are any sewer taxes, assessments, or other service charges which shall have been delinquent for a period of at least sixty (60) calendar days as of December 15 of any year, the superintendent shall report the names of the defaulting persons to the Town Board of the Town of Kirkland, the Town Clerk of the Town of Kirkland, and the Town of Kirkland Assessor, on or before December 15 of the same year. The Assessor of the Town of Kirkland is hereby directed to add the entire amount of the sewer tax, assessment, or other service charge which shall be in default, plus penalty and interest, as provided for in this Law, to the real property taxes due and owing to Town of Kirkland in the next succeeding year, and the Assessor of the Town of Kirkland is directed to collect the same in the same manner as real property taxes due and owing to the Town of Kirkland are collected.
Where charges are delinquent and the violator is not a resident of the Town of Kirkland, or is located outside the geographical boundaries of the Town of Kirkland, then the Town of Kirkland attorney is authorized to seek recovery of charges, including punitive damages, in a court of competent jurisdiction or make arrangements with the appropriate county where the User is located to add the amount of the sewer assessment or other charges which shall be in default, plus penalty and interest, as provided for in the Law, to the real property taxes due to the County in the next ensuing year.
Section 1119 – Performance Bonds
The Superintendent may decline to reissue a permit to any User which has failed to comply with the provisions of this Law or any order or previous permit issued hereunder unless such User first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
Section 1120 – Liability Insurance
The Superintendent may decline to reissue a permit to any User which has failed to comply with the provisions of this Law or any order or previous permit issued hereunder, unless the User first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
Section 1121 -Informant Rewards
The Superintendent is authorized to pay up to $500 for information leading to the discovery of noncompliance by a User. In the event that the information provided results in an administrative fine or civil penalty levied against the User, the Superintendent is authorized to disperse up to ten (10) percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000, including the discovery reward.
Section 1122 – Public Notification
The Superintendent shall provide public notification, in the Clinton Courier in the Town of Kirkland, of Users which were in significant non-compliance of local or Federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year. The Superintendent may provide public notification also in any other daily newspaper with the largest circulation within the Town of Kirkland.
Section 1123 – Contractor Listings
(1) Users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Town of Kirkland.
(2) Existing contracts for the sale of goods or services to the Town of Kirkland held by a User found to be in significant violation with pretreatment standards may be terminated at the discretion of the Town of Kirkland Board.
ARTICLE 12
SEWER RENTS AND CHARGES
SECTION 1200: Short Title and Purpose
(1) Short Title
This chapter shall be known and may be cited and referred to as the “Sewer Rent Law” of the Town of Kirkland.
(2) Purpose
It is the purpose of this chapter to provide a means for the Town of Kirkland to recover the costs of retiring debt service, capital expenditures, operation and maintenance associated with the sewer districts in the Town of Kirkland including but limited to the waste sewer treatment plants and sewer systems within the Town of Kirkland including but not limited to the Consolidated Sewer District, Clark Mills Sewer District and Route 5 Sewer District of the Town of Kirkland.
Section 1201 – Nor.mal Sewage Service Charges
All persons discharging or depositing wastes into the public sewers shall pay a sewer service charge proportional to the liquid volume of waste so deposited, which charge shall be collected as a sewer rent.
The equivalent household unit (EHU) system shall be the standard measure of volume and the basic unit is a single family residence as herein defined. All other users shall be assigned an equivalent number of such units to reflect the volume of wastewater which they contribute to the system.
SECTION 1201 A:
Hamilton College Sewer District
(1) Hamilton College Sewer District
Hamilton College Sewer District is a sewer district established under and by § 228 of the Education Law of the State of New York as amended and shown on a map of the sewer district dated July 30th, 1971.
(2) Statutory Authority
Pursuant to the authority of the Sewer Rent Law of the State of New York (Article 14-F of the General Municipal Law) and any and all amendments thereto, there are hereby established and imposed sewer rents as a means of producing revenue for the sewer system of the Hamilton College Sewer District of the Town of Kirkland, Oneida County, New York.
(3) Imposition and Computation of Rents
A. The owner of any parcel of land or real property situate within the Hamilton College Sewer District connected with the sewer system or any part or parts thereof, including but not limited to real property connected with the sewer system or any part or parts thereof by means of a private sewer drain emptying into the sewer system, shall pay an annual sewer rent for the use of the sewer system or any part or parts thereof.
B. Annual sewer rent:
(1) such annual sewer rent shall be based upon the metered consumption of water on all such real property connected with the sewer system or any part or parts thereof, except as may be otherwise herein provided. The amount of such annual sewer rents is as established annually by the Hamilton College Sewer District after public hearing.
(2) if any such property is supplied with water obtained from a source other than from the Hamilton College water supply system, the sewer rent for such property shall be one hundred percent (100%) of the amount that would be charges for the quantity of water supplied from such source if such water were supplied by the Hamilton College water supply system. The Sewer Superintendent shall estimate the quantity of water supplied from such source and shall compute the sewer rent on the basis of such estimated quantity in accordance with the provisions of this subsection; or the Sewer superintendent may require or permit the installation of a water meter by the owner or occupant of the premises to measure the quantity of water supplied from such source, and the quantity of water measured by such meter shall constitute the basis for computing the sewer rent in accordance with the provisions of this subsection. The cost of the purchase and installation of a water meter shall be paid for by the property owner.
(4) Payments of Sewer Rents; Collection of Delinquent Payments
Sewer rents shall become due and payable on each March 31st and September 30th in each year. The Sewer District shall semiannually cause a statement to be prepared setting forth the amount of the sewer rents for each of the properties subject thereto and the name of the person in whose name such real property is assessed, which shall be mailed to said person in advance of the aforesaid due date. Such amounts unpaid thirty (30) days after mailing of said statement shall be collected and enforced, together with a penalty of ten percent (10%). Such amount of rents as remain unpaid after 30 days shall be collected and enforced in accordance with § 452, Subdivision 4, of the General Municipal Law of the State of New York.
SECTION 1201 B:
Clark Mills Sewer District, Route 5 Sewer District and the Old Bristol Road Area of the Consolidated Sewer District
(1) Source of Revenue [Amended 10-9-89]
The costs of retiring the debt service and the operation and maintenance of the sewage treatment plant shall be recovered by a user benefit assessment, as described in “Sewer Rent”. The costs for the operation and maintenance of the Sewage Works shall be consistent with the applicable provisions of USEPA Regulations, 40 CFR Part 35.
(2) User Benefit Assessment [Amended 10-9-89]
The user benefit assessment to recover the costs of debt service and the operation and maintenance of the sewage treatment plant shall be established each year and shall be based upon the budgeted costs for the operation and maintenance of the wastewater treatment facility and the wastewater collection system. The costs shall be distributed equitably over the equivalent household units in the service district. The user benefit assessment shall be established in the annual budget of the Town of Kirkland.
(3) Surcharges
Users discharging wastewater, whether industrial or sanitary, to the sewage works which exceeds the strength of normal sanitary sewage, as described in “Sewer Use Law of the Town of Kirkland”, shall be assigned a surcharge in addition to their normal user benefit assessment. The surcharge shall be determined after conferences among the user, Town Engineer and the Administrator.
(4) Rate Structure
A. The rates for sewer rents for the Clark Mills Sewer District, Route 5 Sewer District and the Old Bristol Road Area of the Consolidated Sewer District shall be established in the annual budget of the Town of Kirkland:
B. The rate structure may be charged annually by resolution of the Administrator as found appropriate during the annual review of the system of charged and fees described in § 1201 D (7).
(5) Payment
A. The rents shall be payable annually and shall be billed as part of the annual tax bill on January 1 in each year.
B. All rents shall be due and payable on the date of rendition thereofi provided, however, that if such bills are paid on or before January 31, no penalty shall be added thereto.
C. In the event that charges for sewage service or sewer rents are not paid within the period allowed, then a penalty of ten percent (10%) of the amount in arrears shall be added thereto. Also, such charges shall be deemed and declared to be delinquent, and thereafter such delinquency shall constitute a lien upon real estate for which such service is supplied, and the Town Clerk of the collector of sewer rents, as the case may be, is hereby authorized to file sworn statements showing such delinquencies in the Town Clerk’s Office, and the filing thereof shall be deemed notice of lien of such charges for such service.
D. The rates and charges herein established shall be collected from the owner’s, occupants and users of the premises within the Clark Mills Sewer District, Route 5 Sewer District and the Old Bristol Road area of the Consolidated Sewer District, from and after the effective date of this chapter.
SECTION 1201 C:
Consolidated Sewer District
(1) Old Bristol Road Area (of the Consolidated Sewer District)
(2) Sewer rents for the Old Bristol Road Area of the Consolidated Sewer District shall be charged in accordance with the provisions of Article IV herein.
(3) Consolidated Sewer District (Other than Old Bristol Road Area)
The sewer rents for the Consolidated Sewer District (other than the Old Bristol Road Area) shall be charged in accordance with the applicable intermunicipal agreement between the Town of Kirkland and the Village of Clinton. The Village of Clinton shall bill each user for the operation and maintenance portion of the sewer rents. The Town of Kirkland shall bill each user for the payment of interest on and amortization of or payment of any indebtedness which has been or shall be incurred in the construction of the sewer system or such parts thereof.
SECTION 1201 D:
General Provisions
(1) When Effective
This user charge system shall be in effect upon its passage as provided by law, and a copy thereof properly certified by the Town Clerk shall be filed in the Oneida County Clerk’s office, and it shall be deemed notice to all owners of real estate of their liability for sewage service supplied to any occupant or user of such service on their property.
(2) Sewer Rents to be Liens Against Property
Sewer rents shall constitute a lien upon the real property served by the sewer system, or such part or parts thereof, for which sewer rents shall been have been established and imposed. The lien shall be prior and superior to every other lien and claim except the lien of any existing tax, assessment or other lawful charge imposed by or for the
state or a political subdivision or district thereof, in accordance with § 452, Subdivision 3 of the General Municipal Law of the State of New York.
(3) Sewer Rents for Districts Outside the Town of Kirkland
Sewer rents for districts outside the Town of Kirkland shall include cost of operation, maintenance and repairs to the sewer system or parts thereof and the payment of interest on and amortization of any indebtedness which has been or shall be incurred for the construction of the sewer system or parts thereof. The sewer rents for districts outside the Town of Kirkland shall be a sum one and a half times the user benefit assessment established in the annual budget of the Town of Kirkland. Sewer rents for districts outside the Town of Kirkland shall also include any costs of construction of sewer treatment and disposal works and the necessary appurtenances, including pump stations and for the extension, enlargement or replacement or additions to the sewer systems or parts thereof, applicable intermunicipal agreement with the Town of Kirkland.
(4) Cost of Extraneous Flow
The cost of all extraneous flow treatment shall be distributed among all users in accordance with United States Environmental Protection Agency Regulations, 40 CPR 35.929-3.
(5) Cost Recovery System to Prevail
The system of recovering costs described herein takes precedence over any inconsistent agreements between the municipality and users and supersedes any contract provisions of the Sewer Ordinance of the Town of Kirkland.
(6) Obtaining Necessary Information
The Sewer Superintendent may require every owner and/or occupant of real property with the Sewer District to furnish him with such information as may be necessary and reasonable in order to carry out the provisions of this Part. It shall be permissible for the Sewer Superintendent or other properly authorized person employed by the Sewer District to enter upon real property at reasonable times for the purpose of obtaining such information as may be necessary to carry out the provisions of this Part.
(7) Annual Review
The system of charges and fees, the wastewater contribution of users and the total cost of operation and maintenance of the sewage works shall be reviewed annually and shall be revised as necessary to:
A. Maintain the distribution of costs among users in an equitable manner and in a manner which recovers the cost of the debt service, operation and maintenance of the sewage works and the collector sewers in each district.
B. Generate sufficient revenue to pay the total operation and maintenance costs necessary for the proper operation and maintenance of the sewage works.
C. Apply excess revenues to the costs of operation and maintenance for the next year and adjust the rate accordingly.
Section 1202 – Surcharge for Abnormal Sewage
All persons discharging or depositing wastes with concentrations in excess of the pollutant concentrations in normal sewage shall pay a surcharge.
Section 1203 – Total Sewer Service Charge
The total sewer service charge shall be comprised of three parts:
(a) A sewer charge based on the sewer rents provided for in this section relating to all sewer connections in the Town of Kirkland.
(b) A sewer charge associated with abnormal sewage to be determined by the Superintendent, and
(c) The user’s share of pretreatment costs, if any, as set forth in Section 1207 below.
Section 1204 – Segmenting the POTW
The service area of the POTW may be segmented to assist in a fair distribution of user charges, especially if there is a pump station serving a segment.
Section 1205 – Measurement of Flow
The volume of flow to be used in computing sewer service charges and abnormal sewage surcharges shall be established by the Sewer Superintendent in accordance with the provisions of . Section 1201, and the other applicable sections of this Local Law.
Section 1206 – Billing Period
The Billing Period shall be monthly for industrial and bi-monthly for non-industrial users.
Section 1207 – Pretreatment Program Costs
The additional charges and fees associated with the operation of the pretreatment program shall be assessed the Industrial User, and include:
(1) reimbursement of costs of setting up and operating the pretreatment program
(2) issuing permits
(3) monitoring, inspections, and surveillance procedures
(4) costs of equipment and supplies
(5) reviewing accidental discharge procedures
(6) construction inspections
(7) filing appeals
(8) application for consistent removal status as outlined in 40 CFR 403
(9) other reasonable expenses to carry out the program to satisfy the requirements of this Law, the NYSDEC, and the Federal government
Section 1208 – Charges for Trucked and Hauled Wastes
The charge for dumping sept age into the POTW shall be $20.00 per 1000 gallons dumped. The manner of determining the volume dumped shall be at the discretion of the Superintendent.
Section 1209 – Capital Recovery
The Town of Kirkland may institute an equitable procedure for recovering the costs of any capital improvements of those parts of the POTW which collect, pump, treat, and dispose of industrial wastewaters from those persons discharging such wastewaters into the POTW.
Section 1210 – Collection of Charges
Provisions of Article 11 of this Law relating to the collection of penalties shall apply to the collection of Sewer Service Charges and Abnormal Sewage Service Surcharges, unless where otherwise provided by application of the Sewer unit Assessment or Sewer Rent by Town of Kirkland.
Section 1211 – Fiscal Year for System
The POTW shall be operated on the basis of a fiscal year commencing on the first day of January and ending on the thirty-first day of December.
Section 1212 – Impact Fees
The appropriate municipal board shall have the authority to impose impact fees on new development, which development may:
(1) cause enlargement of the service area of the POTW
(2) cause increased hydraulic and/or treatment demands on the POTW
Section 1213 – Use of Revenues
Revenues derived from user charges and associated penalties, and impact fees, shall be credited to a special fund known as the “Sewer Rent Fund”. Monies in this fund shall be used in accordance with the provisions of §453 of the General Municipal Law of the State of New York, and shall be used exclusively for the following functions:
(a) For the payment of the operation and maintenance, including repair and replacement costs of the POTW within the Town of Kirkland,
(b) For the discovery and correction of inflow and infiltration,
(c) For the payment of interest on and the amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the POTW within the Town of Kirkland, and
(d) For the construction, extension, enlargement, replacement of, and/or additions to the POTW within the Town of Kirkland, including any necessary appurtenances, or parts thereof.
Section 1214 – Records and Accounts
The Town of Kirkland shall maintain and keep proper books of records and accounts for the POTW, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the POTW. The Town of Kirkland will cause an annual audit of such books of record and account for the preceding fiscal year to be made by a recognized independent certified public accountant, and will supply such audit report to authorized officials, and the public, on request.
In conjunction with the audit, there shall be an annual review of the sewer charge system to determine if it is adequate to meet expenditures for all programs for the coming year.
Classification of old and new industrial users should also be reviewed annually.
The Town of Kirkland shall maintain and carry insurance on all physical properties of the POTW in the Town of Kirkland, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems. All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
ARTICLE 13
PUBLIC DISCLOSURE OF POTW OPERATIONS
Section 1301- POTW Operations Open to the Public
It shall be the policy of the Town of Kirkland to conduct all business with full disclosure to the public, in accordance with applicable law.
Section 1302- Procedural Requirements Available
The nature and requirements of all formal procedures for applying for a permit and for requesting a permit under this Law and for requesting a hearing shall be formulated by the Town of Kirkland and be made available to any resident of the Town of Kirkland upon request.
Section 1303- Validity Through Public Inspection
The Town of Kirkland shall formulate procedures to make available to the public for inspection such orders, statements of policy, and interpretations used by the Town of Kirkland in administration of this Law. No rule, regulation, or civil order shall be valid until it has been available for public inspection.
ARTICLE 14
CONFLICTS, SEVERABILITY, EFFECTIVE DATE AND APPLICABILITY
Section 1401- Conflicts
The provisions of any local law in conflict with any provision of this Law are hereby repealed.
Section 1402- Severability
Each provision of this Law is severable from the others, so that if any provision is held to be illegal or invalid for any reason whatsoever, such illegal or invalid provision shall be severed from this Law which shall nonetheless remain in full force and effect.
Section 1403- Effective Date
This law shall take effect 30 days after its filing in the office of the Secretary of State.
Section 1404- Applicability
Articles 1, 2, 4, 8, 11, 12, 13 and 14 shall apply in all incorporated areas of the Town of Kirkland. Articles 3, 5, 6, 7, 9 and 10 shall apply only in incorporated areas of the Town of Kirkland which are also within a sewer district within the Town of Kirkland and within the service area of a POTW in the Town of Kirkland.
ARTICLE 15
VIOLATIONS
Section 1501- Costs, Charges and Fees
Any person or corporation, whether as owner or lessee, agent or employee, which shall be required to pay any costs, fees, or charges shall be required to make such payments in addition to the penalties for violation under this article.
Section 1502- Penalties for Violation
Any person or corporation, whether as owner or lessee, agent or employee, which shall violate any provisions of this Local Law or which fails to comply with any order or regulation made hereunder shall be guilty of an offense and, upon the conviction, shall be punished by a fine not exceeding two hundred fifty dollars ($250) or imprisonment not exceeding six (6) months, or both, in accordance with the provisions of Article 9 of the Town Law and any amendments thereto and any other statutes relating thereto.
Section 1503- Separate Violations
Each violation shall constitute a separate additional violation and shall be subject to a separate and additional fine and/or penalty.
Section 1504- Conferring Jurisdiction Upon any Court
For the purpose of conferring jurisdiction upon any Court, including but not limited to the Town Court of the Town of Kirkland and the respective judicial officers generally, such violation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
APPENDIX
Parameters of Concern
Class A – Halogenated Hydrocarbons
Class B – Halogenated Organics (Other than Hydrocarbons)
Class C – Pesticides (Includes Herbicides, Algaecides, Biocides, Slimicides and Mildewcides)
Class D – Aromatic Hydrocarbons Class E – Tars
Class F – Substituted Aromatics (Other than Hydrocarbons and Non-Halogenated) Class G – Miscellaneous
Class M – Metals and their Compounds
Class A – Halogenated Hydrocarbons
A01. Methyl Chloride
A02. Methylene Chloride
A03. Chloroform
A04. Carbon Tetrachloride
A05. Freon/Genatron
A06. Other Halomethanes
A07. l,l,l-Trichloroethane
A08. Other Haloethanes A09. Vinyl Fluoride
A10. Vinyl Chloride
A11. Dichloroethylene
A12. Trichloroethylene
A13. Tetrachloroethylene
A14. Chlorinated Propane
A15. Chlorinated Propene
A16. Hexachlorobutadiene
A17. Hexachlorocyclopentadiene
A18. Chlorinated Benzene
A19. Chlorinated Toluene
A20. Fluorinated Toluene
A2l. Polychlorinated Biphenyl (PCB)
A22. Chlorinated Naphthalene
A23. Dechlorane (ClOCl12)
A24. Hexachlorocyclohexane (BHC)
A99. Halogenated Hydrocarbons Not Specified Above
Class B – Halogenated Organics (Other than Hydrocarbons)
B01. Phosgene
B02. Methyl Chloromethyl Ether
B03. Bis-Chloromethyl Ether
B04. Other Chloroalkyl Ethers
B05. Benzoyl Chloride
B06. ChlorothYmol
B07. Chlorinated Phenol
B08. Chlorinated Cresols or Xylenols
B09. Chlorendic Acid
B10. Chloroaryl Ethers
B11. Dichlorophene or Hexachlorophene
B12. Chlorinated Aniline (Including Methylene Bis (2-Chloroaniline))
B13. Dichlorobenzidine
B14. Chlorinated Diphenyl Oxide
B15. Chlorinated Toluidine
B16. Kepone (ClOCllOO)
B17. Dichlorovinyl Sulfonyl Pyridine
B18. Chloropicrin
B19. Trichloromethyl Thio-phthalimide
B20. Trichloro-Propylsulfonyl Pyridine
B21. Tetrachloro-Methysulfonyl Pyridine
B22. Tetrachloro-Isopthalonitrile
B99. Halogenated Organics Not Specified Above
Class C – Pesticides (Includes Herbicides, Algaecides, Biocides, Slimicides and Mildewcides)
C01. Aldrin/Dieldrin
C02. Chlordane and Metabolites
C03. DDT and Metabolites
C04. Endosulfan/Thiodan and Metabolites
C05. Endrin and Metabolites
C06. Heptachlor and Metabolites
C07. Malathion
C08. Methoxychlor
C09. Parathion
C10. Toxaphene
C11. Sevin
C12. Kelthane
C13. Diazinon
C14. Dithane
C15. Carbaryl
C16. Silvex
C17. Dithiocarbamates
C18. Maneb
C19. Dioxathion
C20. Tandex/Karbutilate
C21. Carbofurans
C22. Pentac
C23. Folpet
C24. Dichlone
C25. Rotenone
C26. Lindane/lsotox
C27. Simazine
C28. Methoprene
C99. Pesticides Not Specified Above
Class D – Aromatic Hydrocarbons
D01. Benzene
D02. Toluene
D03. Xylene
D04. Biphenyl
D05. Naphthalene
D06. Ethylbenzene
D07. Styrene
D08. Acenaphthene
D09. Fluoranthene
D99. Aromatic Hydrocarbons Not Specified Above
Class E – Tars
E01. Coal Tar
E02. Petroleum Tar
E99. Tars Not Specified Above
Class F – Substituted Aromatics (Other than Hydrocarbons and Non-Haglogenated)
F01. Phenol, Cresol or Xylenol
F02. Catechol, Resorcinol, or Hydroquinone
F03. Nitrophenols
F04. Nitrobenzenes
F05. Nitrotoluenes
F06. Aniline
F07. Toluidines
F08. Nitroanilines
F09. Nitroanisole
F10. Toluene Diisocyanate
F11. Dimethylaminoazobenzene
F12. Benzoic Acid (and Benzoate Salts)
F13. Phthalic, Isophthalic or Terephthalic Acid
F14. Phthalic Anhydride
F15. Phthalate Esters
F16. Phenoxyacetic Acid
F17. Phenylphenols
F18. Nitrobiphenyls
F19. Aminobiphenyls (Including Benzidine)
F20. Diphenylhydrazine
F21. Naphthylamines
F22. Carbazole
F23. Acetylaminofluorene
F24. Dyes and Organic Pigments
F25. Pyridine
F99. Substituted Aromatics Not Specified Above
Class G – Miscellaneous
G01. Asbestos
G02. Acrolein
G03. Acrylonitrile
G04. Isophorone
G05. Nitrosamines
G06. Ethyleneimine
G07. Propiolactone
G08. Nitrosodimethylamine
G09. Dimethylhydrazine
G10. Maleic Anhydride
G11. Methyl Isocyanate
G12. Epoxides
G13. Nitrofurans
G14. Cyanide
Class M – Metals and Their Compounds
M01. Antimony
M02. Arsenic
M03. Beryllium
M04. Cadmium
M05. Chromium
M06. Copper
M07. Lead
M08. Mercury
M09. Nickel
M10. Selenium
M11. Silver
M12. Thallium
M13. Zinc
M99. Metals Not Specified Above
§ 98-1. Regulated areas.
A. The Town of Kirkland municipal buildings and public spaces, both owned and/or leased by the Town, will adhere to Chapter 244, Laws of 1989.1
B. The Town of Kirkland Arena, also known as “Clinton Arena,” will prohibit smoking throughout the building. [Amended 1-3-1991]
C. The Kirkland Senior Citizen Center will prohibit smoking 10 accordance with Subsections 2(c) and 6(b) and 6(e) of the chapters
D. All office spaces will adhere to Subsection 6(b) of Chapter 244.3
E. The Town Board Room/Justice Court will prohibit smoking during any public meeting or while court is in session.
Part 1
Stormwater Management, Erosion and Sediment Control [Adopted 8-13-2007 by L.L. No. 1-2007]
ARTICLE I General Provisions
§ 100-1. Findings of fact.
It is hereby determined that:
A. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;
B. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species;
C. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;
D. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;
E. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow;
F. Substantial economic losses can result from these adverse impacts on the waters of the municipality;
G. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;
H. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;
I. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
§ 100-2. Purpose.
This Part 1 is enacted to establish minimum stormwater management requirements that will protect and safeguard the general health, safety, and welfare of the public residing within the Town of Kirkland and to address the findings of fact in § 100-1 hereof. The regulations seek to meet those purposes by achieving the following objectives:
A. Meet the requirements of Minimum Measures 4 and 5 of the New York State SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02;
B. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;
C. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;
D. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and
E. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.
§ 100-3. Statutory authority.
In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town Board of the Town of Kirkland has the authority to enact local laws and amend local laws for the purpose of promoting the health, safety or general welfare of the Town of Kirkland and for the protection and enhancement of its physical environment. The Town Board of the Town of Kirkland may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.
ARTICLE II Scope
§ 100-4. Applicability.
A. The stormwater management requirements of this Part 1 shall be applicable to all land development activities as defined in this Part 1.
B. The municipality designates the Planning Board to accept all stormwater pollution prevention plans and forward such plans to other municipal boards as may be necessary. The Planning Board may:
(1) Review the plans;
(2) Upon approval by the Town Board of the Town of Kirkland, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board;
(3) Accept the certification of a licensed professional that the plans conform to the requirements of the New York State SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02; or
(4) Postpone local action on the plans until such time as the applicant has obtained all necessary permit coverage from other state and/or federal agencies.
C. All land development activities subject to review and approval by the applicable board of the Town of Kirkland under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in those chapters.’
§ 100-5. Exemptions.
The following activities are exempt from the stormwater management requirements of this Part 1.
A. Agricultural activity as defined in this Part 1.
B. Logging activity undertaken pursuant to an approved timber management plan prepared or approved by the County Soil and Water Conservation District or the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this Part 1.
C. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a stormwater management facility.
D. Repairs to any stormwater management practice or facility deemed necessary by the municipality or its designee.
E. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Kirkland on or before the effective date of this Part 1.
F. Land development activity(ies) for which a building permit has been approved on or before the effective date of this Part 1.
G. Creation of graves at cemeteries.
H. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.
I. Emergency activity immediately necessary to protect life, property or natural resources.
J. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.
K. Landscaping and horticultural activities in connection with an existing structure.
§ 100-6. Definitions.
As used in this Part 1, the following terms shall have the meanings indicated:
AGRICULTURE – The raising for profit/gain of fruits, grains, vegetables and the like and structures incident thereto but not including the raising or keeping ‘of animals. “Agriculture,” as defined in this Part 1, does not include all of the uses defined as agricultural uses in New York’s Agriculture and Markets Law.
APPLICANT – A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING – Any roofed structure intended for the shelter, housing or enclosure of persons, animals or chattels. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
CHANNEL – A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING – Any activity that removes the vegetative surface cover.
COMMERCIAL RECREATION – Outdoor facilities, operated as a business and open to the public with facilities for uses such as horseback riding, swimming, golf courses, driving ranges, miniature golf and outdoor and open air live theater.
DEDICATION – The deliberate appropriation of property from its owner by a municipality for general public use.
DESIGN MANUAL – The New York State Stormwater Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER – A person or entity which undertakes land development activities.
EROSION CONTROL MANUAL – The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book.”
FAMILY – A single person; two or more persons related by blood or marriage; persons who are formally parties in a domestic partnership entered into pursuant to the laws of the United States or any state; or one or more persons acting as parental guardians for other household occupants.
GRADING – Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER – Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION – The process of percolating stormwater into the subsoil.
LAND DEVELOPMENT ACTIVITY – Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of at least one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER – The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT – A legally recorded document which places restrictions on the use or enjoyment of real property (e.g., deed restrictions), and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION – Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING – Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN – Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT – Land development activity or proposed land development activity. RECHARGE – The addition of water to an aquifer or to a pumping well; the replenishment of underground water reserves; also, the amount of water added to an aquifer or a pumping well. Recharge is typically expressed as a rate, e.g., inches per year or gallons per day.
SEDIMENT CONTROL – Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS – Cold-water fisheries, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-0l – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
STABILIZATION – The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER – An order issued by the Codes Enforcement Officer or agency with jurisdiction over a particular activity which requires that all construction activity on a site be stopped.
STORMWATER – Rainwater, surface runoff, snowmelt and drainage.
STORMW ATER HOTSPOT – A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on recognized or generally accepted monitoring studies.
STORMWATER MANAGEMENT – The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT PRACTICES (SMPs) – Measures, either structural or non structural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) – A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF – Flow on the surface of the ground, resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK – Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE – A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY – A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND – Any area where water is at or near the surface of the ground each year to promote the formation of hydric soils or hydrophytes (water-loving plants).
ARTICLE III Requirements and Design Criteria
§ 100-7. Stormwater pollution prevention plans.
A. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be considered until the Planning Board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the NYS SPDES General Permit for Construction Activities GP-02-01 and the specifications in this Part 1.
B. Contents of stormwater pollution prevention plans.
(1) In accordance with NYS SPDES General Permit for Construction Activities GP-02-01 and the specifications in this Part 1, all SWPPPs shall provide the following background information and erosion and sediment controls:
(a) Background information about the scope of the project, including location, type and size of project;
(b) Site map/construction drawing(s) for the project, including a general location map at a scale no smaller than one inch equals 100 feet. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge( s);
(c) Description of the soil(s) present at the site;
(d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;
(e) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
(f) Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;
(g) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;
(h) A site map/construction drawing(s) specifying the location(s), size(s) and length( s) of each erosion and sediment control practice;
(i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
(j) Temporary practices that will be converted to permanent control measures;
(k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
(l) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
(m) Name(s) of the receiving water(s);
(n) Delineation of SWPPP implementation responsibilities for each part of the site;
(o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
(p) Any existing data that describes the stormwater runoff at the site.
(2) Land development activities meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in § 100-7B(3) below as applicable:
(a) Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on New York State Department of Environmental Conservation list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b) Condition B: stormwater runoff from land development activities disturbing five or more acres.
(c) Condition C: stormwater runoff from construction activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(3) SWPPP content requirements for Condition A, Band C:
(a) All information in § 100-7B(1) of this Part 1;
(b) Description of each postconstruction stormwater management practice;
(c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice;
(d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(e) Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions;
(f) Dimensions, material specifications and installation details for each postconstruction stormwater management practice;
(g) Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice;
(h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
(i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 100-9 of this Part 1.
C. Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional in erosion and sediment control or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in the NYS SPDES General Permit for
. Construction Activities GP-02-0 1 and this Part 1.
D. Other environmental permits. The applicant shall certify that all other applicable environmental permits have been acquired for the land development activity prior to making application to the Town of Kirkland.
E. Contractor certification.
(1) Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity:
“I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards.”
(2) The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(3) The certification statement(s) shall become part of the SWPPP for the land development activity.
F. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
§ 100-8. Performance and design criteria.
All land development activities shall be subject to the following performance and design_ criteria:
A. Technical standards. For the purpose of this Part 1, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this Part 1:
(1) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the “Design Manual”).
(2) New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the “Erosion Control Manual”).
B. Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
§ 100-9. Maintenance and repair of stormwater facilities.
A. Maintenance during construction.
(1) The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Part 1. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Codes Enforcement Officer and also copied to the site logbook.
B. Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the NYS Department of Environmental Conservation and/or a designated representative of the Town of Kirkland to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Part 1. The easement shall be recorded by the grantor in the office of the County Clerk after review by the Counsel for the Town of Kirkland and acceptance by the Town Board of the Town of Kirkland.
C. Maintenance after construction. Permanent stormwater management practices installed in accordance with this Part 1 shall be operated and maintained to achieve the goals of this Part 1. Proper operation and maintenance also includes, as a minimum, the following:
(1) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this Part 1.
(2) Written procedures for operation and maintenance and training new maintenance personnel.
(3) Actions to insure discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 100-8
D. Maintenance agreements. Prior to final plan approval, the Town of Kirkland shall approve a formal maintenance agreement for stormwater management facilities that shall be binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property. The maintenance agreement shall be consistent with the terms and conditions of Appendix B2 of this Part 1 entitled “Sample Stormwater Control Facility Maintenance Agreement.” In lieu of a maintenance agreement, the Town of Kirkland may, at its sole discretion, accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this Part 1 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
ARTICLE IV
Enforcement and Administration
§ 100-10. Stormwater management inspections.
A. Inspection during construction.
(1) The Town Board, Planning Board, and/or Codes Enforcement Officer of the Town of Kirkland may choose to require or conduct inspections during construction as necessary to determine compliance with the stormwater management provisions of this Part 1. Following any such inspection, the Codes Enforcement Officer may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this Part 1 and/or the stormwater pollution prevention plan (SWPPP). So that the municipality may determine the need for an inspection, the applicant shall notify the Town of Kirkland enforcement official at least 48 hours before any of the following:
(a) Start of construction.
(b) Installation of sediment and erosion control measures.
(c) Completion of site clearing.
(d) Completion of rough grading.
(e) Completion of final grading.
(f) Close of the construction season.
(g) Completion of final landscaping.
(h) Successful establishment of landscaping in public areas.
(2) If any violations of this Part 1 or other applicable codes, laws or rules are found, the applicant and developer shall be notified, in writing, of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Codes Enforcement Officer.
B. As-built filing requirements. All applicants are required to submit to the Town Clerk as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer located on site and within 45 days of the completion of final construction.
C. Inspection of stormwater facilities after project completion.
(1) Inspection programs may be established on any reasonable basis after construction.
(2) The Town of Kirkland may choose to conduct routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws.
(3) Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.
(4) Such inspections may be performed by officials of the Town of Kirkland or the Town Board may designate an inspector required to have a professional engineer’s (PE) license or certified professional in erosion and sediment control (CPESC) certificate, as long as the designated inspector is required to submit a report.
D. Submission of monitoring reports. The Town Board, Planning Board, and/or Codes Enforcement Officer of the Town of Kirkland may require monitoring and reporting from entities or applicants subject to this Part 1 as are necessary to determine compliance with this Part 1.
E. Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Kirkland the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in § 100-1 OC.
§ 100-11. Stormwater management performance guarantee.
A. Construction completion guarantee.
(1) In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Kirkland in its approval of stormwater management activities, the Town of Kirkland may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Kirkland as the beneficiary.
(2) The security shall be in an amount to be determined by the Town of Kirkland based on submission of final design plans, with reference to actual construction and landscaping costs.
(3) The performance guarantee shall remain in force until the surety is released from liability by the Town of Kirkland, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Kirkland Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
B. Stormwater maintenance guarantee
(1) 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 Kirkland with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation.
(2) If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Kirkland may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
C. Recordkeeping. The Town of Kirkland may require entities and applicants subject to this Part 1 to maintain records demonstrating compliance with this Part 1.
§ 100-12. Enforcement; penalties for offenses. A. Notice of violation.
A. When the Town of Kirkland determines that stormwater, erosion and/or sediment control activities associated with a land development activity are not being carried out in accordance with the stormwater management, erosion and sediment control requirements of this Part 1, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(a) The name and address of the landowner, developer or applicant;
(b) The address when available or a description of the building, structure or land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the land development activity into compliance with this Part 1 and a time schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.
B. Stop-work orders. The Town of Kirkland may issue a stop-work order for violations of this Part 1. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Kirkland confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Part 1.
C. Violations. Any land development activity that is commenced or is conducted contrary to this Part 1, may be restrained by injunction or otherwise abated in a manner provided by law.
D. Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this Part 1 shall be guilty of a violation punishable by a fine not exceeding $350 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 $350 nor more than $700 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 $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this Part 1 shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation.
E. Withholding of certificate of occupancy. If any building, stormwater management, erosion and sediment control, or land development activity is installed or conducted in violation of this Part 1, the Codes Enforcement Officer may prevent the occupancy of said building or land.
F. Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Kirkland may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
§ 100-13. Fees for services.
The Town of Kirkland may require any person undertaking land development activities regulated by this Part 1 to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or stormwater management maintenance performed by the Town of Kirkland or performed by a third party for the Town of Kirkland.
§ 100-14. Severability.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Part 1 shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Part 1.
§ 100-15. through § 100-19. (Reserved)
Part 2
Storm Sewers
ARTICLE V
Illicit Discharges, Activities ‘and Connections [Adopted 10-10-2007 by L.L. No. 2-2007]
§ 100-20. Purpose/intent.
The purpose of this Part 2 is to provide for the health, safety, and general welfare of the citizens of the Town of Kirkland through the regulation of nonstormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This Part 2 establishes methods for controlling introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this Part 2 are:
A. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit No. GP-02-02 or as amended or revised;
B. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge nonstormwater wastes;
C. To prohibit illicit connections, activities and discharges to the MS4;
D. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Part 2; and
E. To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4.
§ 100-21. Definitions.
Whenever used in this Part 2, unless a different meaning is stated in a definition applicable to only a portion of this Part 2, the following terms will have meanings set forth below:
BEST MANAGEMENT PRACTICES (BMPs) – Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
CLEAN WATER ACT – The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY – Activities requiring authorization under the SPDES Permit for Stormwater Discharges from Construction Activity, GP-02-01, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
DEPARTMENT – The New York State Department of Environmental Conservation.
DESIGN PROFESSIONAL – New York State licensed professional engineer or licensed architect.
HAZARDOUS MATERIALS – Any material, including any substance, waste or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
ILLICIT CONNECTIONS – Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to:
A. Any conveyances which allow any nonstormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
ILLICIT DISCHARGE – Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 100-25 of this Part 2.
INDIVIDUAL SEWAGE TREATMENT SYSTEM – A facility serving one or more parcels of land or residential households, or a private, commercial or institutional facility, that treats sewage or other liquid wastes for discharge into the groundwaters of New York State, except where a permit for such a facility is required under the applicable provisions of Article 17 of the Environmental Conservation Law.
INDUSTRIAL ACTIVITY – Activities requiring the SPDES Permit for Discharges from Industrial Activities Except Construction, GP-98-03, as amended or revised.
MS4 – Municipal separate storm sewer system.
MUNICIP ALITY – The Town of Kirkland.
MUNICIPAL SEPARATE STORM SEWER SYSTEM A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
A. Owned or operated by the Town of Kirkland;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
NONSTORMW ATER DISCHARGE – Any discharge to the MS4 that is not composed entirely of stormwater.
PERSON – Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
POLLUT ANT – Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards.
PREMISES – Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
SPECIAL CONDITIONS –
A. Discharge compliance with water quality standards. The condition that applies where a municipality has been notified that the discharge of stormwater authorized under their MS4 permit may have been caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition, the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards.
B. 303(d) listed waters. The condition in the municipality’s MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition, the stormwater management program must ensure no increase of the listed pollutant of concern to the 303( d) listed water.
C. Total maximum daily load (TMDL) strategy. The condition in the municipality’s MS4 permit where a TMDL, including requirements for control of stormwater discharges has been approved by EP A for a water body or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
D. The condition in the municipality’s MS4 permit that applies if a TMDL is approved in the future by EPA for any water body or watershed into which an MS4 discharges. , Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six months of the TMDL’s approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) STORMWATER DISCHARGE PERMIT – A permit issued by the Department that authorizes the discharge of pollutants to waters of the state.
STORMWATER – Rainwater, surface runoff, snowmelt and drainage.
STORMWATER MANAGEMENT OFFICER (SMO) – An employee, the Municipal Engineer or other public official(s) designated by the Town of Kirkland to enforce this Part 2. The SMO may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
303(d) LIST – A list of all surface waters in the state for which beneficial uses of the water (drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by Section 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years.
TMDL – Total maximum daily load.
TOTAL MAXIMUM DAILY LOAD – The maximum amount of a pollutant to be allowed to be released into a water body so as not to impair uses of the water, allocated among the sources of that pollutant.
WASTEWATER – Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
§ 100-22. Applicability.
This Part 2 shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency.
§ 100-23. Responsibility for administration.
The Stormwater Management Officer(s) [SMO(s)] shall administer, implement, and enforce the provisions of this Part 2. Such powers granted or duties imposed upon the authorized enforcement official may be delegated, in writing, by the SMO as may be authorized by the municipality.
§ 100-24. Severability.
The provisions of this Part 2 are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Part 2 or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Part 2.
§ 100-25. Discharge and connection prohibitions.
A. Prohibition of illegal discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided herein. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this Part 2, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential street wash water, water from fire-fighting activities, and any other water source not containing pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants.
(2) Discharges approved, in writing, by the SMO to protect life or property from imminent or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this Part 2.
(3) Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test.
(4) The prohibition shall not apply to any discharge permitted under a SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4.
B.Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this Part 2 if the person connects to a line conveying sewage to the municipality’s MS4 or allows such a connection to continue.
§ 100-26. Prohibition against failing individual sewage treatment systems.
No persons shall operate a failing individual sewage treatment system in areas tributary to the municipality’s MS4. A failing individual sewage treatment system is one which has one or more of the following conditions:
A. The backup of sewage into a structure.
B. Discharges of treated or untreated sewage onto the ground surface.
C. A connection or connections to a separate stormwater sewer system.
D. Liquid level in the septic tank above the outlet invert.
E. Structural failure of any component of the individual sewage treatment system that could lead to any of the other failure conditions as noted in this section.
F. Contamination of off-site groundwater.
§ 100-27. Prohibition against activities contaminating stormwater.
A. Activities that are subject to the requirements of this section are those types of activities that:
(1) Cause or contribute to a violation of the municipality’s MS4 SPDES permit.
(2) Cause or contribute to the municipality being subject to the special conditions as defined in § 100-21 (Definitions) of this Part 2.
B. Such activities include failing individual sewage treatment systems as defined III § 100-26, improper management of pet waste or any other activity that causes or contributes to violations of the municipality’s MS4 SPDES permit authorization.
C. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality’s MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality’s MS4 SPDES permit authorization.
§ 100-28. Prevention, control, and reduction of stormwater pollutants by use of best management practices.
A. Best management practices. Where the SMO has identified illicit discharges as defined in § 100-21 or activities contaminating stormwater as defined in § 100-27, the municipality may require implementation of best management practices (BMPs) to control those illicit discharges and activities.
(1) The owner or operator of a. commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and nonstructural BMPs.
(2) Any person responsible for a property or premises, which is or may be the source of an illicit discharge as defined in § 100-21 or an activity contaminating stormwater as defmed in § 100-27, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to reduce or eliminate the source ofpollutant(s) to the MS4.
(3) Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
B. Individual sewage treatment systems. Response to special conditions requiring no increase of pollutants or requiring a reduction of pollutants where individual sewage treatment systems are contributing to the municipality’s being subject to the special conditions as defined in § 100-21 of this Part 2, the owner or operator of such individual sewage treatment systems shall be required to:
(1) Maintain and operate individual sewage treatment systems as follows:
(a) Inspect the septic tank annually to determine scum and sludge accumulation.
[1] Septic tanks must be pumped out whenever the bottom of the scum layer is within three inches of the bottom of the outlet baffle or sanitary tee or the top of the sludge is within 10 inches of the bottom of the outlet baffle or sanitary tee.
(b) A void the use of septic tank additives.
(c) A void the disposal of excessive quantities of detergents, kitchen wastes, laundry wastes, and household chemicals; and
(d) Avoid the disposal of cigarette butts, disposable diapers, sanitary napkins, trash and other such items .
(e) . (e) Most tanks should be pumped out every two to three years. However, pumping may be more or less frequent depending on use. Inspection of the tank for cracks, leaks and blockages should be done by the septage hauler at the time of pumping of the tank contents.
(2) Repair or replace individual sewage treatment systems as follows:
(a) In accordance with 10 NYCRR Appendix 75A to the maximum extent practicable.
(b) A design professional licensed to practice in New York State shall prepare design plans for any type of absorption field that involves:
[1] Relocating or extending an absorption area to a location not previously approved for such.
[2] Installation of a new subsurface treatment system at the same location.
[3] Use of alternate system or innovative system design or technology.
(c) A written certificate of compliance shall be submitted by the design professional to the municipality at the completion of construction of the repair or replacement system.
§ 100-29. Suspension of access to MS4.
A. Illicit discharges in emergency situations. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter, in writing, of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons.
B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality’s MS4 in violation of this Part 2 may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator, in writing, of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines, in writing, that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the SMO.
§ 100-30. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4.
§ 100-31. Access and monitoring of discharges.
A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Part 2, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Part 2.
B. Access to facilities.
(1) The SMO shall be permitted to enter and inspect facilities subject to regulation under this Part 2 as often as may be necessary to determine compliance with this Part 2. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO.
(2) Facility operators shall allow the SMO ready access to all parts of the premises for the purpose of inspection, sampling, examination and copying of records as may be required to implement this Part 2.
(3) The municipality shall have the right to set up on any facility subject to this Part 2 such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility’s stormwater discharge.
(4) The municipality has the right to require the facilities subject to this Part 2 to install monitoring equipment as is reasonably necessary to determine compliance with this Part 2. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) Unreasonable delays in allowing the municipality access to a facility subject to this Part 2 is a violation of this Part 2. A person who is the operator of a facility subject to this Part 2 commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this Part 2.
(6) If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Part 2, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Part 2 or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction.
§ 100-32. Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.
§ 100-33. Enforcement.
A. Violation. It shall be unlawful for any person to violate any provision or to fail to comply with any requirements of this Part 2.
B. Notice of violation. When the municipality’s SMO finds that a person has violated a prohibition or failed to meet a requirement of this Part 2, he/she may order compliance by written notice of violation to the responsible person or may issue an appearance ticket charging that person with a violation of this Part 2. Such notice may require without limitation:
(1) The elimination of illicit connections or discharges;
(2) That violating discharges, practices, or operations shall cease and desist;
(3) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(4) The performance of monitoring, analyses, and reporting;
(5) Payment of a fine; and
(6) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.
C. Appeal of notice violation. Any person receiving a notice of violation may appeal the determination of the SMO to the Town Board of the Town of Kirkland within 15 days of its issuance, which shall hear the appeal within 30 days after the filing of the appeal, and within five days of making its decision, file its decision in the office of the Municipal Clerk and mail a copy of its decision by certified mail to the discharger.
D. Corrective measures after appeal.
(1) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within five business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner’s permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property.
(2) If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger.
§ 100-34. Penalties for offenses; remedies.
A. Penalties.
(1) In addition to or as an alternative to any penalty provided herein or by law, any person who violated the provisions of this Part 2 shall be guilty of a violation punishable by a fine not exceeding $500 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 $500 nor more than $1,000 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 $1,000 nor more than $2,000 or imprisonment for a period not, to exceed six months, or both.
(2) However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this Part 2 shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week’s continued violation shall constitute a separate additional violation.
B. Alternative remedies.
(1) Where a person has violated a provision of this Part 2, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer, where:
(a) The violation was unintentional.
(b) The violator has no history of previous violations of this Part 2.
(c) Environmental damage was minimal.
(d) The violator acted quickly to remedy violation.
(e) The violator cooperated in investigation and resolution.
C. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Part 2 is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
D. Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Part 2. If a person has violated or continues to violate the provisions of this Part 2, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
E. Remedies not exclusive. The remedies listed in this Part 2 are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
STORMWATER MANAGEMENT 100
Attachment 1
Town of Kirkland
Appendix B
Sample Stormwater Control Facility Maintenance Agreement
Whereas, the Town of Kirkland (“Municipality”) and the (“facility owner”) want to enter into an agreement to provide for the long term maintenance and continuation of stormwater control measures approved by the Municipality for the below named project, and
Whereas, the Municipality and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Municipality and the facility owner agree as follows:
1. This agreement binds the Municipality and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. ‘
2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the fo11owing: drainage ditches, swales, dry we11s, infiltrators, drop inlets, pipes, culverts, soil absorption devices and retention ponds.
3. The facility owner sha11 be responsible for all expenses related to the maintenance of the stormwater control measures and sha11 establish a means for the collection and distribution of expenses among parties for any commonly owned facilities.
4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five-year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a professional engineer licensed by the State of New York. The inspecting engineer sha11 prepare and submit to the Municipality within 30 days of the inspection, a written report of the findings, including recommendations for those actions necessary for the continuation of the stormwater control measures.
5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Municipality.
6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Municipality or in accordance with the recommendations of the inspecting engineer.
7. The facility owner shall provide to the Municipality within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of (a bond, letter of credit or escrow account).
8. This agreement shall be recorded in the Office of the County Clerk, County of Oneida together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to __ .
9. If ever the Municipality determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Municipality or by the inspecting engineer, the Municipality is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property.
10. This agreement is effective
ARTICLE I
Notification of Defects [Adopted 3-11-1985 by L.L No. 1-1985]
§ 101-1. Defects in highways, bridges or culverts.
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. No such action shall be maintained for damages or injuries to person or property sustained 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 the receipt of such notice.
§ 101-2. Defects in sidewalks.
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 defect in its sidewalks or in consequence of the existence of snow or ice upon any of its sidewalks, unless such sidewalks have been constructed or are maintained by the Town or the Superintendent of Highways of the Town pursuant to statute, nor shall any action be maintained for damages or injuries to person or property sustained by reason of such defect or in consequence of such existence of snow or ice unless written notice thereof, specifying the particular place, was actually given to the Town Clerk or to the Town Superintendent of Highways, and there was a failure or neglect to cause such defect to be remedied, such snow or ice to be removed or to make the place otherwise reasonably safe within a reasonable time after the receipt of such notice.
§ 101-3. Form and contents of notice.
The notice shall be in writing, sworn to (verified and notarized) by or on behalf of the person filing the notice of defect and shall set forth the specific defect, danger or obstruction complained of and specifying the particular place.
§ 101-4. Service of notice.
A. The notice shall be served on the Town by delivering a copy thereof personally, or by registered or certified mail, to the Town Clerk, Town Highway Superintendent or to an attorney regularly engaged in representing such public corporation.
B. Service by registered or certified mail shall be complete upon deposit of the notice of claim, enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the exclusive care and custody of the United States Post Office Department within the state.
§ 101-5. Transmittal of notice.
The Town Superintendent of Highways and Town Attorney shall transmit, in writing, to the Town Clerk within 10 days after the receipt thereof all written notices received by him pursuant to this action.
§ 101-6. Records.
The Town Clerk of each Town shall keep an indexed record, in a separate book, of all written notices which he shall receive of the existence of a defective, unsafe, dangerous or obstructed condition in or upon or of an accumulation of ice or snow upon any Town highway, bridge, culvert or sidewalk, which record shall state the date of receipt of the notice, the nature and location of the condition stated to exist and the name and address of the person from whom the notice is received. The record of each notice shall be preserved for a period of five years after the date it is received.
ARTICLE II
Dedication of Highways [Adopted 4-13-1992]
§ 101-7. Procedure for laying out and construction of new roads.
A. An application shall be made to the Superintendent of Highways of the Town of Kirkland for the laying out and construction of a new road intended to become a public highway in the Town of Kirkland. The applicant shall submit a set of plans for the construction of the road and a map of the road prepared by a licensed surveyor or engineer, together with an application fee of $10.
B. The road shall be constructed in accordance with the Specifications for the Basic Stages and Courses of Road Construction set forth in Exhibit A attached hereto and the typical cross section set forth in Exhibit B attached hereto.’ -,
C. Any and all materials to be used in the construction must comply with the provisions set forth in Exhibit A and Exhibit B and must be sampled and tested to assure that they meet the New York State Department of Transportation specifications. The materials will be tested at an approved testing laboratory.
D. The road shall be inspected by the Superintendent of Highways or by a designated member of the Highway Department during each stage and course of the road construction, as set forth in Exhibit A and Exhibit B.
E. No paving or construction shall begin until the Superintendent of Highways of the Town of Kirkland has approved the materials for construction and the initial inspection of the
road.
F. The street or road shall not be approved by the Highway Superintendent for dedication by the Town of Kirkland until the road has been constructed and paved to its binder course and all drainage and culverts are constructed and in place. The application for dedication must be made in accordance with the conditions for dedication set forth herein.
G. In the event that a road is completed prior to inspection of materials and testing and inspections by the Superintendent of Highways of the Town of Kirkland, the applicant shall conduct test borings and submit the test borings to an approved testing laboratory at the applicant’s expense. The test results and reports shall be submitted to the Highway Superintendent for approval and determination by the Highway Superintendent that all of the specifications and conditions for construction have been met.
§ 101-7.1. Application for dedication.
A. An application for the dedication of a highway to the Town of Kirkland shall be submitted to the Superintendent of Highways for review, inspection and approval.
B. There must be at least two residential houses constructed adjacent to the roadway which require the roadway for ingress and egress. A certificate of completion of the construction must be signed by the owner and the contractor or a certificate of occupancy issued by the Town of Kirkland Building Inspector.
C. The proposed road shall have two points of ingress and egress to Town, county or state highways or shall include a turnaround. The around may be either a one-hundred-foot (outside radius) diameter cul-de-sac or aT-type turnaround with a minimum of 20 feet in width and 30 feet in depth, approved by the Town of Kirkland Highway Department.
D. The applicant shall have installed all necessary traffic control signs as may be required by the Highway Department and the Oneida County Highway Department and as authorized by the Vehicle and Traffic Law of the State of New York.
E. A copy of any and all necessary permits for access to any adjoining county or state highway must be filed with the Superintendent of Highways.
F. The applicant shall provide the Town of Kirkland with the following:
(1) A copy of a duly executed agreement between the applicant and the pavmg contractor for construction of the road; and
(2) A certified check payable to the Town of Kirkland for 1 112 times the contract price of the construction of the road or, in the alternative, may provide the Town of Kirkland with a bond for two times the contract price. The Town Board of the Town of Kirkland may, in its discretion, accept an irrevocable letter of credit, for two times the contact price in lieu of a certified check or a bond. The certified check, irrevocable letter of credit or bond shall be effective and shall be held by the Town of Kirkland for a period of two years from the date of the final dedication and acceptance by the Town of Kirkland. Said deposit, irrevocable letter of credit or bond shall be held as security for the maintenance and repair of such highway, including any road cuts made by or on behalf of any utility for the two-year period. In the event that no repair or extraordinary maintenance is required of such roadway following such two-year period, the certified check, irrevocable letter of credit and bond shall be returned to the applicant. [Amended 5-9-2005 by L.L. No. 1-2005]
G. The applicant and the contractor shall provide a written guarantee and warranty that the road has been constructed in accordance with the basic stages and courses for road construction set forth on Exhibit A and the typical cross section set forth on Schedule B,3 that all road cuts and compaction made by or on behalf of any utility comply with the Town of Kirkland specifications, and the road complies with the applicable policy rules and regulations of the American Association of Highway Officials in effect at the time of initial construction of the road for a two-year period following the fmal paving or dedication of the road to the Town of Kirkland, whichever last occurs.
H. The Town of Kirkland shall have received a certificate by the Superintendent of Highways of the Town of Kirkland indicating that the proposed road has been constructed in accordance with the Town of Kirkland highway specifications, including road drainage, paving to the binder course and any other requirements of the Town of Kirkland Highway Department, and either:
(1) In the event that the road has been completed, the applicant shall submit a certificate and guarantee by the owner and contractor that the road is completed and received its final paving in accordance with the Town specifications; or
(2) In the event that the proposed road has not received its final paving, the applicant shall submit a letter from the Highway Department of the Town of Kirkland indicating that the road meets the Town highway specifications, including road drainage, and is completed to its binder course grade and is ready for final paving.
(a) A firm contract between the developer and a paving contractor, with a firm price to complete the road acceptable to the Town of Kirkland Highway Department.
(b) A certified check, bond and guarantee set forth in Subsection F herein.
(c) An insurance certificate for general liability, including the road, with liability coverage of $1,000,000, naming the Town of Kirkland as an additional insured, to be maintained until the final paving is complete and approved by the Town Highway Department.
(d) Final paving of the road must be completed within one year of the approval of the binder course by the Town Highway Superintendent.
I. The above-mentioned documents, together with the documents set forth below, shall be filed with the Town Attorney within 10 days prior to a regular Town Board meeting, including:
(1) A proposed resolution accepting dedication of the Town highway;
(2) A warranty deed to the Town of Kirkland in recordable form and approved by the T own Attorney;
(3) A real estate transfer gains tax affidavit duly executed and sworn to by the applicant;
(4) A New York State Board of Equalization form duly executed by the applicant;
(5) An abstract of title for a sixty-year period showing a good and marketable title that is free and clear of all liens and encumbrances; and
(6) An original (Mylar or linen) and four copies of the map of the proposed highway prepared by a licensed surveyor or engineer for filing with the Oneida County Clerk or a stamped copy of the subdivision map filed in the County Clerk’s office showing the road as built;
(7) The necessary recording and filing fees;
(8) Any other documents that may be required by the Town Attorney.
Exhibit A
Specifications for the Basic Stages and Courses of Road Construction for Town of Kirkland
1. The road must be constructed in accordance with these specifications for stages and courses of road construction for the Town of Kirkland and be inspected by the Highway Department through each stage and course of construction. The road shall also comply with the applicable policy, rules and regulations of the American Association of Highway Officials in effect at the time of initial construction.
2. Strip all topsoil from the proposed right-of-way of the road base (30 feet in width).
3. The maximum grade on the roadbed shall not exceed 6% of grade or a six-foot rise in 100 feet.
4. Cutting and shaping all of the roadbed, cutting in ditches at time of subbase grading.
5. All bank sloping shall be graded at one on two slope to include ditches. Ditches shall be 24 inches below the center line of the road.
6. Make all filled areas in six-inch lifts, compacting or rolling each lift, to include shoulders.
7. Entrance to existing highway must have a negative grade for minimum of 30 feet from shoulder of the existing road.
8. All culverts shall be installed with a grade of no more than one inch of slope in 10 feet and be bedded in bank run gravel with head walls.
9. Grade subbase with eight inches to 12 inches of New York State Department of Transportation Item 203.07 select granular fill.
A. An approved bank run gravel of New York State Department of Transportation 203.07.
B. Dense graded base or crusher run stone of New York State Department of Transportation 304.03.
10. Inspection by the Highway Department through each stage of construction.
11. Paving according to attached typical cross-section sheet.
12. The binder course shall be constructed of New York State Department of Transportation 403.13.
13. All ditches of 5% grade or greater must be lined with No.5 or man-sized nprap.
14. The final paving course shall be New York State Department of Transportation 403.18.
15. Any road cuts or crosscuts shall comply with the specifications of the Town of Kirkland and be approved by the Superintendent of Highways. Any road cuts and compaction made by or on behalf of any utility or any other entity which do not comply with the Town of Kirkland specifications must be corrected by the applicant and paving contractor and approved by the Town of Kirkland Highway Superintendent.
TypicalCrossSection
ARTICLE III Excavations
[Adopted 12-9-1991 by L.L. No. 1-1991]
§ 101-8. Permit required.
No person or corporation shall open or cause to be opened, by cutting or digging, the surface or soil in any street, highway or public ground for any purpose whatever without first securing the written permit from the Town of Kirkland, on forms to which have been affixed the approval and consent of the Town Superintendent of Highways, and paying the following prescribed fees therefor or without complying with the following provisions relating thereto.
§ 101-9. Fees and deposits.
A. The fees for street openings not exceeding 10 square feet in area are fixed as follows: $50 to cover the cost of issuing permit, records, inspection and supervision, plus a deposit of not less than $100.
B. Where openings are expected to exceed 10 square feet in area, the cost of restoring the surface will be estimated by the Town Superintendent of Highways and a deposit of twice the amount so estimated, in addition to the fee of $50, will be required, but in no event shall the deposit be less than that specified in the preceding subsection.
C. Following proper restoration, the deposit shall be returned to the applicant.
§ 101-10. Restoration procedures.
All openings shall be carefully backfilled, tamped and puddled by the owner, after which the surface of the street will be restored. The deposit will be retained until the frost has left the ground the following spring, which will usually be understood to be by May 1. All repairs or other restoration which may be necessary will be promptly made by the Town and paid for out of the balance of the deposit then on hand, and any balance then remaining shall be returned to the person in whose name the permit was originally issued.
§ 101-11. Public service corporations.
Public utility corporations shall obtain a separate permit from the Town of Kirkland for each opening, paying therefor a fee of $50 to cover the costs of issuing permit, recording, inspection and supervision, but they may, in lieu of making the deposits hereinbefore specified, file with the Town of Kirkland a bond, to be approved as to form, amount and sufficiency of sureties by the Town Attorney, conditioned upon the proper restoration of highways in accordance with the directions of the Town Superintendent of Highways and to his satisfaction; the payment to the Town, upon demand, of any costs and expenses made by it in restoring the surface of any highway or public place opened by such corporation; and the saving of the Town of Kirkland, its officers and servants, harmless from any loss, injury or damage due to opening highways or public places or to any negligence or fault of such corporation, its servants or agents in connection therewith. In cases of emergency, due to breakage of pipes, etc., openings may be made before obtaining the permit, but a permit must be obtained as soon as practicable and in every case by the next business day from the time of making the opening.
§ 101-12. Restoration by public service corporation.
All trenches or openings made by a public service corporation shall be backfilled by it by tamping or puddling, or both, and the surface of the street shall be restored first as soon as convenient after the opening has been filled and again, if necessary, after any settlement after the succeeding winter, but not longer than one year after the first surfacings, and the costs shall be borne by the corporation making the openings and shall be paid within 30 days of the rendering of a bill by the Town if any work by the Town shall be necessary.
§ 101-13. Erection of poles.
No person or corporation (other than public service corporations) shall, without the authority of the Town Board expressed by resolution, erect or cause to be erected any telephone, telegraph or electric light or electric transmission pole or poles or change the location thereof or string any wire in, over or upon any street, highway or public place or construct any conduit therein.
§ 101-14. Sewer connections.
No opening for or connection with any part of the sewer system of the Town shall be made without a written permit therefor from the appropriate authority of the Town Sewer District. Such connection shall be made in accordance with such rules and regulations as may from time to time be prescribed by the Town Board of Kirkland or the rules and regulations of its designated agent
§ 101-15. Insurance.
At the time that a request is made to the Town of Kirkland for a permit, the applicant therefor shall furnish an insurance policy with the Town of Kirkland as the named insured to save the Town harmless from any public liability for any acts of the applicant. The limits of such policy shall be in such amount as the Town Board shall fix, by resolution, but in no event less than $100.
§ 101-16. Construction of culverts.
A. All culverts hereafter constructed along or near to the line of the gutter of any public highway, under and across any private entrance to any highway or public place, shall consist of steel, concrete or plastic with an interior cross section of not less than 12 inches interior dimension. Polyethylene storm pipe must be approved by the New York State Department of Transportation (DOT) and be of the N-12 type with a smooth interior.
B. The culvert is to be laid on the line of the highway gutter. No vitrified pipe or clay pipe, wooden box or wooden cover shall be used for such purpose.
§ 101-17. Repair or alteration of culverts.
No existing culvert under a private entrance shall be substantially altered or repaired except to reconstruct the same, and in case any such existing culvert shall become broken or damaged or fail to carry off properly the water flowing thereto, the owner or occupant of the premises for which such private entrance is provided shall, upon demand of the Town Highway Superintendent, forthwith reconstruct the same in accordance with the provisions of said section.
§ 101-18. Consent required.
No such culvert shall be constructed nor shall any culvert basin or other structure interfering or tending to interfere with the free and open operation of any highway gutter be constructed without the consent of the Superintendent of Highways, and all such work shall be performed and completed under direction of and to the satisfaction of said Superintendent of Highways.
§ 101-19. Penalties for offenses.
A. Any person or corporation, whether as owner or lessee, agent or employee, which shall violate any other provisions of this chapter or which fails to comply with any order or regulation made hereunder or which opens or causes to be opened, by cutting or digging, the surface or soil of any street, highway or public ground for any purpose whatsoever without first securing a written permit of the Town of Kirkland shall be guilty of an offense and, upon the conviction, shall be punished by a fine not exceeding $250 or imprisonment not exceeding six months, or both, in accordance with the provisions of Article 9 of the Town Law and any amendments thereto and any other statutes relating thereto. Each week’s continued violation shall constitute a separate additional violation and shall be subject to a separate and additional fine and/or penalty. For the purpose of conferring jurisdiction upon any court, including but not limited to the Town Court of the Town of Kirkland and the respective judicial officers generally, such violation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
B. The Town Board, the Zoning Enforcement Officer or any other person designated by the Town Board may also maintain an action or proceeding in the name of the Town in the Town Court of the Town of Kirkland or other court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any such ordinance, rule or regulation, notwithstanding that the ordinance, rule or regulation may provide for penalty or other punishment for such violation. In such an action, the Town of Kirkland may seek as a civil penalty the sum of $250, and each week’s continued violation shall constitute a separate additional violation and be subject to a separate and additional civil penalty.
§ 101-20. When effective.
This article shall take effect from and after its passage, publication and posting, as provided by law.
ARTICLE IV
Classification of Low-Volume Town Roads [Adopted 10-13-1997 by L.L. No. 2-1997]
§ 101-21. Legislative purpose.
The Town of Kirkland hereby enacts this article for the purpose of reducing the cost of maintaining and rehabilitating low-volume Town roads while providing that such roads when used in a manner consistent with the road classification will be safe for the users thereof. While there are generally accepted standards for the design, maintenance and rehabilitation of high-volume roads, there are no such comparable standards for roads over which a relatively low volume of traffic passes. In the event that there can be a savings in the cost of maintaining or rehabilitating a road that has relatively few vehicles traveling over it, the money saved could be spent on more intense maintenance of roads over which travel is greater. The result could be greater overall safety for the general public. Since the Town resources to be expended for highways is limited, it is incumbent upon the Town to utilize such limited resources in a manner which targets expenditures on the most heavily traveled roads. It is for such purposes that this article is enacted.
§ 101-22. Legislative findings.
In 1986 the New York State Legislature created the Local Road Classification Task Force (Chapter 708 of the Laws of 1986). Such task force was charged with developing alternative guidelines for classifying Town and county roads in rural areas according to principal uses and traffic volume. The task force consisted of the Commissioner of Transportation or his designee, the Dean of the College of Agriculture and Life Sciences of Cornell University or his designee, four rural Town highway superintendents, three rural county highway superintendents and three rural business people. Such task force after considerable discussions and upon hearing many experts prepared local road classification guidelines and issued a report in December of 1988. In December of 1989 the task force issued “A Manual:
Guidelines For Rural Town and County Roads” to facilitate the use of the local classification by local officials. In July of 1990, the Legislative Commission on Rural Resources worked with the Senate, Assembly, State Department of Transportation and the Governor’s office to establish a New York State Local Roads Research and Coordination Council (see Article 16-B of the Executive Law- and Chapters 565 and 652 of the Laws of 1990). The Council was empowered to work with the Department of Transportation to:
A. Promote the training of municipal officials and employees to encourage the utilization of innovative and cost-cutting procedures as well as more efficient highway maintenance and consolidation methods.
B. Encourage the coordination of local road maintenance and storage facilities.
C. Encourage towns and counties to contract with each other for the maintenance of local roads and bridges.
D. Develop a minimum maintenance road classification addressing repair and service standards for low-volume roads, as well as procedures to be followed by local governments for designing minimum maintenance roads within their communities. Accordingly, the Council revised the 1989 Local Roads Classification Task Force Report and published it for use by rural towns and county governments December 30, 1992.
§ 101-23. Classification by Superintendent of Highways; filing; acceptance by Town Board.
The Town Superintendent of Highways, in the event that he (or she) finds it to be in the best interests of the Town, may classify one or more roads or portions thereof as one of the following types of roads: low-volume collector; residential access; farm access; resource/industrial access, agricultural land access; recreational land access or minimum maintenance road. However, no road shall be finally determined to be a minimum maintenance road until so designated by the Town Board by local law. The classification of any road or designated portion thereof shall be consistent with the definitions of such type of road as set forth in § 101-30 of this article. Upon the classification of any road or portion thereof by the Town Superintendent, such designation shall be filed in the office of the Town Clerk and a copy shall be presented to each member of the Town Board by the Town Clerk within 10 days of such filing. Such designation shall be accompanied by a finding by the Town Superintendent which shall contain the information upon which the highway superintendent relied when designating such road or portion thereof. The Town Board may, at a Town Board meeting following the filing of such designation, adopt a resolution accepting such designation, except that the designation of a minimum maintenance road shall be by local law as provided in § 101-24 of this article. Upon the adoption of such resolution, the road or portion thereof shall be classified as determined by the Town highway superintendent and such Town highway superintendent, shall take into consideration the guidelines for maintaining such road or portion thereof as set forth in § 101-30 of this article.
§ 101-24. Designation of minimum maintenance roads.
Notwithstanding the provisions of § 101-23 of this article, no road or portion thereof shall be designated as a minimum maintenance road except after following the procedure set forth in §§ 101-24 through 101-26, inclusive.
A. The Town Superintendent of Highways shall submit to the Town Board a recommendation that a road or portion thereof should be designated as a minimum maintenance road. No road or portion thereof shall be recommended as a minimum maintenance road by the Town Superintendent of Highways unless the traffic volume is less than 50 vehicles per day as determined by the Town Superintendent of Highways and such road or portion thereof is an agricultural land access road or a recreational land access road, and that such road or portion thereof does not provide farm centers of operation and/or year-round residences with principal motor vehicle access to goods and services necessary for the effective support of such farms and/or year-round residences.
B. The Town, upon the approval of such recommendation, shall by local law designate such road or portion thereof as a minimum maintenance road.
C. At least 10 days before the public hearing on such local law, written notice of such hearing shall be served by certified mail upon every owner of real property, as determined by the latest completed assessment roll, abutting such road or portion thereof to be designated a minimum maintenance road.
D. No local law designating a minimum maintenance road shall be effective until signs pursuant to §§ I 0 1-26 and 101-31 of this article are first posted advising the public that such road is a minimum maintenance road.
E. No road or portion thereof, once designated a minimum maintenance road, shall be determined to have been abandoned pursuant to the provisions of Subdivision 1 of § 205 of the Highway Law until at least six years have elapsed since the termination of the designation of said road or portion thereof as a minimum maintenance road.
F. Findings required.
(1) Prior to any public hearing relating to the adoption of a local law designating a low-volume road or portion thereof as a minimum maintenance road, the Town Board shall issue findings that such road or portion thereof should be designated a minimum maintenance road. Such findings shall include but not be limited to:
(a) The volume and type of motor vehicle traffic on such road.
(b) A determination that the property owners of land abutting the road shall continue to have reasonable access to their property.
(c) A determination that the users of the road or portion thereof traveling at a reasonable and prudent speed, under the circumstances, shall not be placed in a hazardous situation.
(d) A determination that such road, or portion thereof, does not constitute a farm access as defined pursuant to § 101-30 of this article.
(e) A determination that such road, or portion thereof, does not constitute access to a year-round residence.
·(2) Such findings shall be on file in the office of the Town Clerk and be available for public inspection for at least 60 days before the public hearing on the local law.
§ 101-25. School Board and Planning Board review.
A copy of the findings in § 10 1-24 shall also be sent to the Board of Education of the central school and the Town and County Planning Boards in which each road or road segment is located. Such School Board and Planning Boards shall review the findings and within 45 days file with the Town Clerk a resolution recommending such road designation; or, in the event that such designation is not recommended, the School Board or Planning Board shall set forth in a resolution the reasons for not recommending such designation. The Town Board may, by resolution, accept, accept in part or reject the recommendations of either the School Board or the Town Planning Board or County Planning Board prior to any vote upon the proposed local law. In the event that the School Board, County Planning Board or Town Planning Board take no action upon the findings issued by the Town Board, the Town Board shall consider such inaction as a recommendation for the proposed minimum maintenance designation.
§ 101-26. Posting of signs.
Appropriate signs shall be placed on a minimum maintenance road. Such signs shall notify and advise motorists of the need to exercise caution when traveling such road and shall conform to the Manual of Uniform Traffic Control Devices. Properly posted signs shall be prima facie evidence that adequate notice of a minimum maintenance road designation has been given to the public.
§ 101-27. Minimum maintenance practices.
Minimum maintenance roads shall be maintained in a manner determined by the Town Highway Superintendent to be consistent with the volume and type of traffic traveling on such road. Normal road maintenance practices, such as but not limited to paving, patching, blading, dragging or mowing, may be done less frequently depending upon the existing condition and use of the road as shall be determined by the Town Superintendent of Highways. The guidelines for the method and manner of maintaining a minimum maintenance road are set forth in § 101-30 of this article.
§ 101-28. Discontinuance of minimum maintenance roads by petition.
Any person or persons owning or occupying real property abutting a road or portion thereof which has been designated a minimum maintenance road may petition the Town Board to discontinue the designation of such road or portion thereof as a minimum maintenance road. Such petition shall be filed with the Clerk of the Town. Such petition shall identify the road or portion thereof to be discontinued as a minimum maintenance road and set forth the reasons for such discontinuance. The Town Board shall hold a public hearing upon such petition within 30 days after its receipt; at least 10 days’ public notice shall be given prior to the conduct of such public hearing. At least 10 days before the public hearing on such petition, written notice of such public hearing shall be served by certified mail upon every owner of real property, as determined by the latest assessment roll, abutting such road or portion thereof. In the event that the Town Board after such public hearing determines that such road or portion thereof shall continue as a minimum maintenance road, no petition may be submitted pursuant to this section until the lapse of at least two years from the date of the filing of the petition. In the event that it is determined that such road shall be discontinued as a minimum maintenance road, the Town Board, by local law, shall discontinue such road or portion thereof as a minimum maintenance road, and such discontinuance shall take place six months after the commencement of the next succeeding fiscal year.
§ 101-29. Discontinuance of minimum maintenance roads by Town Board.
Notwithstanding the provisions of § 101-28 of this article, the Town Board may adopt a local law discontinuing such minimum maintenance road designation in the event that it determines such discontinuance to be in the public interest.
§ 101-30. Low-volume road classifications; design, maintenance and operation guidelines.
The following tables and accompanying data shall be used as guides by the Town Superintendent of Highways to classify low-volume roads in the Town of Kirkland and shall be used to enable the Town Superintendent to determine the guidelines he may follow to enable him to determine the manner in which low-volume roads may be designed, maintained and operated.
A. The following classifications have been developed to establish a close relationship between the uses of low-volume roads and their design, maintenance and operation and are hereby adopted by the Town of Kirkland. The classifications identify the significant use characteristics, including traffic volumes, vehicle types and seasonal use characteristics, that are present on New York State’s low-volume roads. Guidelines for the design, maintenance and traffic control have been developed that are closely matched to those use characteristics. Such guidelines shall be used by the Town Superintendent of Highways.
B. Land use adjacent to the road shall be the basis for classification because it IS a convenient and accurate way of identifying the kind of use that a low-volume road serves.
C. A low-volume road is a road with zero to 400 vehicles per day.
D. Low- Volume Road Classifications in the Town of Kirkland:
(1) Low-volume collector: collects traffic from any of the other classifications and channels it to higher level roads, such as arterials and interstates.
(2) Residential access: provides access to residences. The traffic volume generated depends on the number of residences. All-year access for fire trucks, ambulances and school buses should be provided.
(3) Farm access: provides access to a farm’s center of operations, including the residence. Traffic volume is generally low but may include occasional heavy trucks and farm equipment.
(4) Resource/industrial access: provides access to industrial or mining operations. Traffic volume can vary and can include heavy trucks and significant numbers of employees’ cars.
(5) Agricultural land access: provides access to farm land. Traffic volumes are low and vary seasonally. These roads should accommodate farm equipment that can be up to 20 feet wide.
(6) Recreation land access: provides access to recreational land including seasonal dwellings and parks. Volumes of traffic can vary with the type of recreation facility and season of the year and may include recreational vehicles.
(7) Minimum maintenance road: a low-volume road or road segment which may be of a seasonal nature, having an average traffic volume of less than 50 vehicles per day which principally or exclusively provides agricultural or recreational land access. A road or road segment which has been so designated may be maintained at a level which allows such road to remain passable and functional in accordance with standards contained in this section of the guidelines. In no way shall the term “minimum maintenance” be construed to mean “no maintenance” or “abandonment.” Further, such term shall not apply to those roads, or road segments, which provide farm access as previously defined, or access to an individual year-round residence.
E. The guidelines for rehabilitation design shall include three rehabilitation design types:
(1) Rehabilitation Design Type A is an all purpose road on which vehicles can pass without a reduction in speed.
(2) Rehabilitation Design Type B is an area service, two-lane road on which vehicles may have to reduce their speeds to pass.
(3) Rehabilitation Design Type C is an area service, one-lane road on which either of two passing vehicles must slow, stop or briefly leave the roadway to allow the other to pass.
F. Vehicle interaction characteristics shall be considered by the Town Superintendent of Highways as the basis for assigning the design types to the respective classifications. Vehicle size (as determined by the absence or presence of significant truck traffic) and traffic volumes (of either greater or equal to 50 vehicles per day, or less than 50 vehicles per day) are the criteria used. The threshold of 50 vehicles per day is used because, at fewer than 50 vehicles per day, vehicle interactions become so infrequent that the effect on vehicle operation is negligible.
G. The guidelines to be followed by the Town Superintendent of Highways for maintenance shall include provisions for a minimum maintenance designation that allows a reduced level of maintenance on roads which are used for agricultural or recreational land access.
H. The guidelines for traffic control parallel the maintenance guidelines. They may include recommendations for signs on normally maintained roads, and a minimum maintenance road sign shall be posted at the entrance points to minimum maintenance roads. The only other signs recommended for minimum maintenance roads are those mandated by law (for all roads).
I. Surface maintenance.
(1) Crack sealing. Manually pouring hot asphalt, with or without a fiber reinforcement material, into road surface cracks that have first been cleaned of all loose debris, vegetation, etc. The cracks may occur at construction joints or utility cuts, or just be random due to the effects of time, weather, loads, etc. Crack sealing has been found to be a very cost-effective measure, because it prevents the entry of water into the base course and subgrade. By blocking the entry of water, crack sealing indirectly strengthens the load-supporting capability of the road.
(2) Patching and potholes. Placement and compaction of asphalt concrete into surface defects, such as potholes, which have first been cut back to sound material and cleaned of loose debris, water, etc. While a certain amount of this work will have to be done on an emergency basis during inclement weather to provide a safe road, expedient patches should be replaced with permanent patches using proper methods and materials when conditions are favorable. Extensive patching and potholes is an indication that a pavement has reached the end of its functional life, and the road should be scheduled for rehabilitation in accordance with the guidelines set forth in this article.
(3) Surface seals, also known as “chip seals”: This method involves spraying a rapid-setting emulsified asphalt onto the road surface, followed immediately by the placement of a single layer of clean, crushed stone particles. A pneumatic, rubber-tired compactor is used to press the stones into the asphalt before the emulsion sets up. Chip sealing is used where the surface cracking is more extensive, while manual crack sealing is used where the cracking is less extensive. Chip sealing may also be used to enhance skid resistance on a slippery road. Where water entry is prevented by the surface seal, some strengthening of the road will result.
(4) Thin overlays. While “thin” is a relative term, it is used here to refer to hot-mix or cold-mix overlay shaving a thickness of 1 112 inches or less. This method adds more to the structural capability of the pavement than does a chip seal. However, it performs much the same function as a chip seal, although it can be expected to have a more lasting effect. When a thin overlay is placed on a paved road, it is customary to use a tack coat to promote a bond between the old surface and the overlay. According to the Asphalt Institute, the tack coat should be sprayed from a distributor, allowing adequate time for it to become tacky before paving. Traffic should be kept off the tacked area before paving. They recommend using an SS-l or a CSS-1 asphalt emulsion diluted 50-50 with water, and applied at a rate of 0.05 to 0.15 gallon per square yard. Application of tack coat at higher rates should be avoided, as this can lead to slippage of the overlay or “bleeding” and loss of skid resistance on the surface of the overlay.
(5) Snow removal. Snow and ice control are performed to foster safety and to expedite travel during the winter months. Blading of snow is done to remove it from the roadway to prevent the buildup of ice. Abrasives (sand, usually mixed with salt) are used to enhance traffic ability during a storm or immediately afterward when a thin layer of ice or snow remains on the road. Salt is used to lower the melting temperature of the ice and to diminish the bond of the ice on the road surface.
(6) Shoulder maintenance. Activities may differ depending on whether the shoulder is paved or unpaved. The objective is to keep the surface smooth so that moving vehicles can leave the main roadway safely, and also to assure that water from the road will move across the shoulder and into the ditch or gutter. It is particularly important to remove the accumulated winter maintenance abrasives from the shoulders to prevent the retention of water near the edge of the pavement.
(7) Blading. For aggregate roads and unpaved shoulders, blading removes potholes, corrugations, and other surface defects, rendering the surface smoother and safer to travel on. Blading is usually preceded by scarification to a depth slightly deeper than the deepest surface defects. Blading should be used to establish a cross-slope of 4% to 6% (112 to 3/4 inch per foot) for good drainage and to reduce the development of potholes in the aggregate surface.
(8) Regraveling: The addition of aggregate materials to re-establish the crown and grade of the road. This activity is commonly done at the same time as blading, but less frequently. The new aggregate is needed periodically to make up for materials that have been lost due to traffic, water erosion, dusting and blading losses.
(9) Dust palliation. Application of water, calcium chloride, sodium chloride (salt), lignin sulfonate or other nontoxic chemicals to bind the surface and prevent loss of dust. Dust loss leads to the gradual erosion of the road surface, reducing its thickness and load-supporting capability. Dust can make summertime travel hazardous when traffic volumes are sufficient to require passing maneuvers. Sometimes the use of dust palliatives will reduce the need for blading and regraveling to a sufficient degree to be highly cost-effective.
J. Roadside maintenance.
(1) Cleaning: picking up litter and other roadside debris, principally for aesthetic reasons, but also to protect the flow capacity of culverts and ditches.
(2) Mowing: cutting grass and weeds. This is particularly important near driveways and intersections, to provide a clear line of sight for traffic.
(3) Brush control: cutting woody shrubs to prevent encroachment onto the right-of-way. This is important to provide adequate sight distance, particularly around the inside of curves, and at driveways and intersections.
(4) Guiderail maintenance: replacement of damaged, ineffective guiderail. This may also involve use of herbicides to retard the growth of weeds and shrubs in front of and immediately behind the guiderail.
(5) Drainage: cleaning debris from the inlets and outlets around culverts, and cleaning ditches to maintain flow capacity. When possible, ditches should be cleaned in the late spring of the year, so that vegetation will be quickly re-established to protect against erosion. At other times, reseeding may be necessary for erosion protection.
(6) Slope maintenance: remove landslide debris, cut and remove trees from fill slopes, protect against erosion due to runoff from the road surface or ditches and seed slopes to retard erosion.
K. Bridges.
(1) Bridge maintenance: cleaning of drainage scuppers, lubrication of pins and bearings, painting of beams and railings, cleaning and patching of deck surface defects, removal of winter maintenance abrasive and salt residues, protection of bridge abutments against scour and erosion, inspection of abutments, clearance of the waterway to maintain flow capacity.
L. Signs.
(1) Sign maintenance: clearance of shrubs and trees obstructing visibility, replacement of damaged signs, verification that signs are used and placed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
§ 101-31. Guidelines for traffic control on low-volume and minimum maintenance roads.
This section lists guidelines for traffic control on low-volume and minimum maintenance roads. It describes methods of traffic control that are cost effective and promote safety.
A. Signs on low-volume roads.
(1) The Town Superintendent of Highways is authorized in § 1682 of the Vehicle and Traffic Law to decide conditions to which drivers are to be alerted with traffic control devices. It is mandatory to provide signs indicating weight restrictions, low clearances, dead-end roadways, railroad crossings and road closures. These are specified elsewhere in law. On low-volume roads subject to normal maintenance activities, the decision regarding the need for other signs should be based on the principle of positive guidance. In essence, this principle suggests that hazard warnings be provided whenever a driver cannot anticipate a hazard in time to react safely.
(2) When the Town Superintendent of Highways decides that a condition on a Town road is potentially hazardous, appropriate signing, in conformance with the NYSMUTCD, is to be provided. The New York State Department of Transportation’s Traffic Sign Handbook for Low-Volume Roads may be helpful in determining the type and location of signs to be used, once the need for a sign has been established.
(3) Features that are inconsistent with the general driving environment should be identified and analyzed for the possible installation of signs. Identification can be made by driving over the road and noting if a reduction in speed is necessary or if a surprising or unanticipated feature is encountered. Such things as isolated curves or narrow bridges, especially those with limited sight distance, should be evaluated for a “surprise” factor. Signs at every curve are generally not necessary on low-volume roads as drivers are cognizant of conditions. Signs should be restricted to those features that the Town Superintendent of Highways determines are inconsistent with the general highway environment and cannot be anticipated early enough for drivers to take appropriate defensive action. Records of all determinations should be made and properly filed for future reference.
B. Signs on designated minimum maintenance roads.
(1) Design of road signs. The New York State Department of Transportation has designed signs for posting minimum maintenance roads. Such signs notify and advise motorists that reduced levels of maintenance are in effect. These signs are contained in the New York State Manual of Uniform Traffic Control Devices.
(2) Installation of signs. Minimum maintenance road signs shall be installed at each end of the minimum maintenance section and immediately beyond intersections with other public roads. The maximum distance between signs should not exceed two miles. Additional installation conditions are set forth in the Manual. Posting of minimum maintenance road signs will not relieve the Town of its responsibility to post other legally required signs such as railroad crossings, dead ends, bridge capacity, low clearance and road closures.
Documents:
101 Attachment 1 (PDF – 49.3 KB)
101 Attachment 2 (PDF – 257.1 KB)
101 Attachment 3 (PDF – 207.9 KB)
101 Attachment 4 (PDF – 256.4 KB)
ARTICLE I
General Provisions
§ 103-1. Authority of Planning Board.
By the authority of the resolution of the Town Board of the Town of Kirkland, New York, adopted on the seventh day of February 1957, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Kirkland is authorized and empowered to approve plats (preliminary and/or final) for subdivisions showing lots, blocks or sites, with or without streets or highways, within that part of the Town of Kirkland outside the limits of any incorporated village.
§ 103-2. Purpose.
These regulations are enacted to provide for the orderly, efficient and economical development of the Town and to afford adequate facilities for housing, transportation, distribution, comfort, convenience, safety, health and welfare. This means, among other things, that land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace and that proper provision shall be made for drainage, water supply, sewerage and other needed improvements. This would include:
A. That all proposed lots within the subdivision shall be laid out and of such size as to be in harmony with the development pattern of neighboring properties,
B. That all proposed subdivision streets and highways shall compose a convenient system conforming, wherever possible, to the Official Map and properly related to the Master Plan.
C. That all proposed subdivision streets and highways shall be of such width, grade and location as to accommodate the prospective traffic, to facilitate fire protection and to provide access of fire-fighting equipment to buildings.
D. That proper provision shall be made for open spaces for parks, playgrounds and other recreational purposes.
§ 103-3. Enactment.
In order that land subdivisions may be made in accordance with §§ 103-1 and 103-2 of these regulations, the Planning Board of the Town of Kirkland, by resolution passed on the 31st of July 1989, and approved by the Town Board, has adopted these regulations to be known as the “Town of Kirkland Land Subdivision Regulations.”
§ 103-4. Definitions.
For the purposes of these regulations, certain words and terms used herein are defined as follows:
CERTIFIED – A document that has been initialed or signed and dated by the Chairperson or the Secretary of the Planning Board.
CHAIR OR CHAIRPERSON OR SECRETARY OF THE PLANNING BOARD – Those persons who shall be designated to perform the duties of the Clerk of the Planning Board for all purposes of these regulations.
EASEMENT – Authorization by a property owner for the use by another, for a specified purpose of any designated part of his property.
ENGINEERS –
A. ENGINEER or LICENSED PROFESSIONAL ENGINEER – A person licensed as a professional engineer by the State of New York.
B. TOWN ENGINEER – The duly designated Engineer of the Town of Kirkland or a licensed engineer retained by the Town of Kirkland.
MASTER OR COMPREHENSIVE PLAN – A Comprehensive Plan, prepared by the Planning Board pursuant to § 272-a of the Town Law, which indicates the general locations recommended for various functional classes of public works, places and structures and for general physical development of the Town and includes any unit or part of such plan separately prepared and any amendment to such plan or parts therein.
MUTUAL CONSENT – A written agreement signed by both the subdivider and the Chairperson and adopted by resolution by the Planning Board.
OFFICIAL MAP – The map established by the Town Board pursuant to § 270 of the Town Law, showing streets, highways and parks and drainage, both existing and proposed.
OFFICIAL SUBMISSION DATE – The date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article VIII, § 103-34, for a minor subdivision or Article VIII, § 103-35, for a major subdivision, of these regulations, has been filed with the Chairperson or Secretary of the Planning Board and a receipt for the fee has been presented to the subdivider.
PERFORMANCE BOND – A bond issued by an insurance company licensed to do business in the State of New York and acceptable to the Town Board or an irrevocable letter of credit or certified check issued by a bank or lending institution authorized to do business in the State of New York and acceptable to the Town Board.
PLANNING BOARD OR BOARD – The Planning Board of the Town of Kirkland.
PLATS –
A. FINAL PLAT – A drawing, in final form, showing a proposed subdivision containing all information and detail required by the Town Law Article 16, § 277, and by these regulations, and presented to the Planning Board for approval.
B. FINAL SUBDIVISION PLAT – A final plat that has been approved and duly filed or recorded by the applicant in the office of the County Clerk or Register.
C. PRELIMINARY PLAT – A drawing or drawings clearly marked “preliminary plat” showing the layout of a proposed subdivision, as specified in Article VIII, § 103-35, of these regulations, submitted to the Planning Board for approval prior to submission of the plat in final form, and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
D. SUBDIVISION PLAT – Any drawing or drawings, designated as either “preliminary plat” or “final plat,” showing the layout of a proposed subdivision, as specified in Article VIII, § 103-35, of these Regulations, submitted to the Planning Board for consideration and approval.
REQUIRED IMPROVEMENTS – Those improvements shown on the approved subdivision or final plat and/or those improvements listed in the Board’s resolution approving the subdivision.
SKETCH PLAN – A sketch of a proposed subdivision showing the information specified in Article VIII, § 103-33, of these regulations, to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of these regulations.
STREET PAVEMENT – The wearing or exposed surface of the roadway used by vehicular traffic.
STREETS –
A. STREET – A public or private way for vehicular traffic, whether designated as street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane, place or however otherwise designated, between right-of-way lines.
B. BUSINESS OR INDUSTRIAL STREET – A street which serves or is designed to serve as an access to abutting business or industrial properties.
C. COLLECTOR STREET – A street which serves or is designed to serve as a traffic way for a neighborhood or as a feeder to a major street.
D. DEAD-END STREET or CUL-DE-SAC – A street or a portion of a street with only one vehicular traffic outlet.
E. MAJOR STREET – A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy-traffic generating areas.
F. MINOR STREET – A street intended to serve primarily as an access to abutting residential properties.
STREET WIDTH – The width of right-of-way measured at right angles to the center line of the street.
SUBDIVIDER – Any person, firm, corporation, partnership or association, who shall lay out any subdivision or part thereof as defined herein, either for himself or others.
SUBDIVISIONS –
A. SUBDIVISION – The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision after September 30, 1961.
B. MAJOR SUBDIVISION – Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street, extension of an existing street or extension of municipal facilities.
C. MINOR SUBDIVISION – Any subdivision containing not more than four lots fronting on an existing street, not involving any new street, extension of an existing street or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of these regulations or of the Master Plan, Official Map or Chapter 118, Zoning, of the Code of the Town of Kirkland.
SURVEYOR – A person licensed as a land surveyor by the State of New York.
TOWN BOARD – The Town Board of the Town of Kirkland, Oneida County, New York.
ARTICLE II
Procedures
§ 103-5. General provisions.
The subdivider or his authorized agent shall apply in writing for approval of any proposed subdivision in accordance with the procedures outlined in these regulations. No permit for the erection of a structure in any proposed subdivision shall be granted until the Planning Board approves the subdivision. The subdivider should have such approval before he enters into any contract to sell any land within the proposed subdivision.
§ 103-6. Sketch plan.
A. Preliminary meeting with Town Planner. Any owner of land, prior to subdividing or resubdividing land, in person or through an agent, shall meet with the Town Planner. During this preliminary meeting, the requirements of these regulations shall be discussed.
B. Submission of sketch plan. Following the preliminary meeting with the Town Planner and at least 10 days prior to a regular meeting of this Board, the subdivider shall submit to the Chairperson or the Secretary of the Planning Board two copies of a sketch plan of the proposed subdivision. This sketch plan shall comply with the requirements of Article VIII, § 103-33, and shall be for the purposes of classification and preliminary discussion.
C. Discussion of requirements and classification.
(1) The subdivider, or his authorized agent, shall attend a meeting of the Planning Board. At this time, the subdivider shall discuss the requirements of these regulations for street improvements, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(2) Based on the submitted sketch plan, the Planning Board shall at this time classify the subdivision as a minor subdivision or major subdivision in accordance with these regulations. In addition, the Board may require, when it deems it necessary for protection of the public health, safety and welfare, that a minor subdivision comply with all or some of the requirements specified for major subdivisions. If the sketch plan is classified as a minor subdivision, the subdivider shall then comply with the procedure outlined in § 103-7 and Article IV of these regulations. If it is classified as a major subdivision, the subdivider shall then comply with the procedures outlined in §§ 103-8 and 103-9 and Articles III, IV and V. If the Board classifies the proposed subdivision as a minor subdivision but requests compliance with additional requirements, such requirements shall be given to the subdivider in writing.
D. Study of sketch plan. The Planning Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems it necessary, make specific recommendations in writing to be incorporated by the applicant in the next submission to the Planning Board.
§ 103-7. Minor subdivisions.
A. Application and fee.
(1) Within six months after classification of the sketch plan as a minor subdivision by the Planning Board, the subdivider shall submit an application for approval of a subdivision plat to the Chairperson or the Secretary of the Planning Board. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The subdivision plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VIII, § 103-34.
(2) All applications for plat approval for minor subdivisions shall be accompanied by a fee as set by the Town Board.
B. Number of copies. A minimum of five copies of the subdivision plat shall be presented to the Chairperson or the Secretary of the Planning Board at the time of submission of the subdivision plat. These copies shall be clearly marked with the proper designation as determined by the Planning Board and shall be certified by the Chairperson of the P tanning Board.
C. Subdivider to attend Planning Board meeting. The subdivider, or his authorized agent, shall attend a meeting of the Planning Board to discuss the subdivision plat.
D. When officially submitted. The time of submission of the subdivision plat for a minor subdivision shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article VIII, § 103-34, of these regulations, has been filed with the Chairperson or Secretary of the Planning Board and a receipt for the fee has been presented to the subdivider.
E. Determination pursuant to the state environmental quality review (SEQR) process.
(1) Subdivision of land may be subject to the provisions of the state environmental quality review (SEQR) process. In accordance with SEQR regulations, the Planning Board should identify the type of action the subdivision represents. Depending upon the size of the subdivision and several other factors, it may be a Type loran unlisted action. To make a decision, the Planning Board should consult Part 617 of Article 8 of the Environmental Conservation Law (New York).
(2) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.
F. Required referral to Oneida County Department of Planning. Whenever the proposed subdivision is located within a distance of 500 feet from the boundary of any city, village or Town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, the Planning Board shall refer the plat to the County Planning Department for advisory review and a report in accordance with § 239-n of the General Municipal Law prior to taking action on the minor subdivision plat.
G. Public hearing. Within 45 days from the time of submission of the subdivision plat, a public hearing shall be held by the Planning Board. Said hearing shall be advertised in the official newspaper of the Town at least five days before such hearing.
H. Action on final plat.
(1) Within 45 days from the date of the public hearing, the subdivider shall submit a subdivision plat which shall be designated a final plat and on which the Planning Board shall act. This forty-five-day requirement may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the subdivision plat. Planning Board action shall take the form of one of the following:
(a) Disapproval. If the Board votes to disapprove a subdivision plat, a certified copy of the resolution on which such action was taken shall be forwarded to the subdivider by certified mail. This resolution shall state the reasons why the subdivision plat was disapproved.
(b) Conditional approval. If the Board votes to conditionally approve a subdivision plat, a certified copy of the resolution addressing any and all such conditions shall be forwarded to the subdivider.
(c) Conditional approval with modification. If the Board votes to conditionally approve a subdivision plat, a certified copy of the resolution addressing any and all such conditions and modifications shall be forwarded to the subdivider.
(d) Final approval. If the Board votes to grant final approval, a certified copy of the resolution shall be forwarded to the subdivider.
(2) Upon granting conditional approval, with or without modification, to the subdivision plat, the Planning Board shall empower an authorized officer to sign this plat upon compliance with such conditions and requirements as may be stated in its resolution of conditional approval. Within five days of the passing of the resolution granting conditional approval, the plat shall be certified by the Chairperson or Secretary of the Planning Board as conditionally approved, a copy shall be filed in his office, and a certified copy mailed to the subdivider. The copy mailed to the subdivider shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved subdivision plat. Upon completion of such requirements, the plat shall be signed by the designated officer of the Planning Board.
§ 103-8. Preliminary plat for major subdivision.
A. Application and fee. Within six months after classification of the sketch plan as a major subdivision by the Planning Board, the subdivider shall submit an application for approval of a preliminary plat to the Chairperson or the Secretary of the Planning Board. Failure to do so shall require resubmission of the sketch plan to the Planning Board for reclassification. The preliminary plat shall conform to the layout shown on the sketch plan plus any recommendations made by the Planning Board. Said application shall also conform to the requirements listed in Article VIII, § 103-35. The preliminary plat shall, in all respects, comply with the requirements set forth in the provisions of §§ 276 and 277 of the Town Law and Article VIII, § 103-35, of these regulations, except where a waiver may be specifically authorized by the Planning Board. All applications for preliminary plat approval for major subdivisions shall be accompanied by a fee as set by the T own Board.
B. Number of copies. A minimum of five copies of the preliminary plat shall be presented to the Chairperson or the Secretary of the Planning Board at the time of submission of the preliminary plat.
C. Subdivider to attend Planning Board meeting. The subdivider, or his authorized agent, shall attend a meeting of the Planning Board to discuss the preliminary plat.
D. When officially submitted. The time of submission of the preliminary plat for a major subdivision shall be considered to be the date on which the application for plat approval, complete and accompanied by the required fee and all data required by Article VIII, § 103-35, of these regulations, has been filed with the Chairperson or Secretary of the Planning Board and a receipt for the fee has been presented to the subdivider.
E. Study of preliminary plat. The Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangements, the future development of adjoining lands as yet un subdivided and the requirements of the Master Plan, the Official Map and Zoning Regulations.
F. Determination pursuant to the state environmental quality review (SEQR) process.
(1) Subdivision of land may be subject to the provisions of the state environmental quality review (SEQR) process. The Planning Board should identify the type of action the subdivision is according to SEQR regulations. Depending upon the size of the subdivision and several other factors, it may be a Type I or an unlisted action. To make a decision, the Planning Board should consult Part 617 of Article 8 of the Environmental Conservation Law (New York).
(2) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.
G. Required referral to Oneida County Department of Planning. Whenever the proposed subdivision is located within a distance of 500 feet from the boundary of any city, village or Town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, the Planning Board shall refer the plat to the County Planning Department for advisory review and a report in accordance with § 239-n of the General Municipal Law prior to taking action on the major subdivision plat.
H. Public hearing. Within 45 days after the receipt of such preliminary plat by the Chairperson or Secretary of the Planning Board, the Planning Board shall hold a public hearing. This hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing.
I. Approval of the preliminary plat.
(1) Within 45 days after the date of such hearing, the Planning Board shall approve with or without condition or conditions and/or modification or disapprove such preliminary plat, and the grounds of such condition or conditions and/or modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual written consent of the subdivider or his agent and the Planning Board. When so approving a preliminary plat, the Planning Board shall state, in writing, modifications, if any, as it deems necessary for submission of the plat in final form. Within five days of the approval of such preliminary plat, it shall be certified by the Chairperson or Secretary of the Planning Board as granted preliminary approval and a copy filed in his office, a certified copy mailed to the owner and a copy forwarded to the Town Board. Failure of the Planning Board to act within such forty-five-day period shall constitute approval of the preliminary plat.
(2) When granting approval of a preliminary plat, the Planning Board shall state the terms of such approval, if any, with respect to the modifications to the preliminary plat, the character and extent of the required improvements which, in its opinion, may be waived without jeopardy to the public health, safety and general welfare and the amount of improvement or the amount of all bonds thereof which it will require as prerequisite to the approval of the final plat. Approval of a preliminary plat shall not constitute approval of the subdivision plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Planning Board and for recording upon fulfillment of the requirements of these regulations. Prior to approval of the fmal plat, the Planning Board may require additional changes as a result of further study of the subdivision in final form or as a result of new information obtained at the public hearing.
§ 103-9. Final plat for major subdivision.
A. Application for approval.
(1) The subdivider shall, within six months after the approval of the preliminary plat, file with the Planning Board an application for approval of the subdivision plat in final form, using the application form available from the Chairperson or Secretary of the Planning Board.
(2) If the final plat is not submitted within six months after the approval of the preliminary plat, the Planning Board may refuse to approve the final plat and require resubmission of the preliminary plat.
B. Number of copies. A subdivider intending to submit a proposed subdivision plat for final plat approval shall provide the Chairperson or the Secretary of the Planning Board with a copy of the application and a minimum of seven copies (one copy in ink on linen or an acceptable equal) of the subdivision plat, the original and one true copy of all offers of cession, covenants and agreements and two prints of all construction drawings.
C. When officially submitted. The time of submission of the subdivision plat shall be considered to be the date on which the application for subdivision plat approval, complete and accompanied by all data required by Article VIII, § 103-36, of these regulations, has been filed with the Chairperson or the Secretary of the Planning Board.
D. Endorsement of state and county agencies. Water and sewer facility proposals contained in the subdivision plat shall be properly endorsed and approved by the Oneida County Department of Health. Applications for approval of plans for sewer or water facilities will be filed by the subdivider with all necessary Town, county and state agencies. Endorsement and approval by the Oneida County Department of Health shall be secured by the subdivider before final action on the subdivision is taken by the Planning Board.
E. Required referral to Oneida County Department of Planning. Prior to taking final action on the subdivision plat, the Planning Board shall refer the plat to the County Planning Department for advisory review and a report in accordance with § 239-n of the General Municipal Law, where the proposed action is within a distance of 500 feet from the boundary of any city, village or Town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
F. Public hearing. Within 45 days of the submission of a subdivision plat in final form for approval, a hearing shall be held by the Planning Board. This hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five days before such hearing. However, when the Planning Board deems the final plat to be in substantial agreement with a preliminary plat approved under § 103-8 of this article and modified in accordance with requirements of such approval, if such preliminary plat has been approved with modification, the Planning Board may waive the requirements for such public hearing.
G. Action on final plat.
(1) The Planning Board shall, by resolution, act upon the final plat, and such resolution shall be certified within 45 days of its receipt by the Secretary of the Planning Board if no hearing is held or within 45 days after the date of the public hearing. This forty-five-day requirement may be extended by mutual consent of the subdivider and the Planning Board. Failure of the Planning Board to act within such time shall constitute approval of the subdivision plat. Planning Board action shall take the form of one of the following:
(a) Disapproval. If the Board votes to disapprove a final plat, a certified copy of the resolution on which such action was taken shall be forwarded to the subdivider by certified mail. This resolution shall state the reasons why the final plat was disapproved.
(b) Conditional approval. If the Board votes to conditionally approve a final plat, a certified copy of the resolution addressing any and all such conditions shall be forwarded to the subdivider.
(c) Conditional approval with modification. If the Board votes to conditionally approve a final plat, a certified copy of the resolution addressing any and all such conditions and modifications shall be forwarded to the subdivider.
(d) Final approval. If the Board votes to grant final approval, a certified copy of the resolution shall be forwarded to the subdivider.
(2) Such resolution shall authorize the signing of the plat once any and all modifications are completed and any and all conditions are satisfied. Upon resolution of conditional approval of such final plat, the Planning Board shall empower a duly authorized officer to sign the final plat upon completion of such requirements as may be stated in the resolution. Within five days of such resolution, the final plat shall be certified by the Chairperson or the Secretary of the Planning Board as conditionally approved and a copy filed in his office and a copy mailed to the subdivider, which shall include a certified statement of such requirements which, when completed, will authorize the signing of the conditionally approved final plat. Upon completion of such requirements, the final plat shall be signed by said duly authorized officer of the Planning Board. Conditional approval of a final plat shall expire 180 days after the date of the resolution granting such approval, unless the requirements have been certified as completed within that time. The Planning Board may, however, extend the time within which a conditionally approved plat may be submitted for signature, if in its opinion such extension is warranted in the circumstances, for not to exceed two additional periods of 90 days each.
ARTICLE III
Required Improvements
§ 103-10. Performance bond.
Before the Planning Board grants final approval of the final plat, the subdivider must present to the Planning Board a certificate issued by the Town Clerk, certifying that the subdivider has posted a performance bond, a letter of credit or a certified check in an amount satisfactory to the Town Board to insure the completion of the required improvements. Any such bond shall comply with the requirements of § 277 of the Town Law. A period not to exceed three years shall be set forth within the bond within which required improvements must be completed.
§ 103-11. Modification of design.
If at any time before or during the construction of the required improvements it is demonstrated to the satisfaction of the Town Engineer that unforeseen conditions make it necessary or preferable to modify the location or design of such required improvements, the Town Engineer may, upon approval by a previously delegated member of the Planning Board, authorize modifications, provided that these modifications are within the spirit and intent of the Planning Board’s approval and do not extend to the waiver or substantial alteration of the function of any improvements required by the Board. The Town Engineer shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board at its next regular meeting.
§ 103-12. Inspections.
A. At least five days prior to commencing construction of required improvements, the subdivider shall notify the Town Board of this intention in writing. The Town Board may cause inspection to be made to assure that all Town specifications and requirements shall be met during the construction of required improvements and to assure the satisfactory completion of improvements and utilities required by the Planning Board.
B. The subdivider may also be required to pay an inspection fee as set by the Town Board.
§ 103-13. Proper installation.
If the Town Engineer shall find, upon inspection of the improvements performed before the expiration date of the performance bond, that any of the required improvements have not been constructed in accordance with plans and specifications filed by the subdivider, he shall so report to the Town Board, Building Inspector and Planning Board. The Town Board then shall notify the subdivider and, if necessary, the bonding company and take all necessary steps to preserve the Town’s rights under the bond. No plat shall be approved by the Planning Board as long as the subdivider is in default on a previously approved plat.
ARTICLE IV
Filing of Approved Plats
§ 103-14. Filing with County Clerk.
Upon completion of the requirements in § 103-7 for a minor subdivision or §§ 103-9 and 103-10 for a major subdivision of these regulations and notation to that effect upon the final plat, it shall be deemed to have final approval and shall be properly signed by the duly designated officer of the Planning Board and shall be filed by the applicant in the office of the County Clerk. Such plat shall then be deemed a final subdivision plat. Any subdivision plat not so filed or recorded within 60 days of the date upon which such final plat is approved or considered approved by reasons of the failure of the Planning Board to act shall become null and void.
§ 103-15. Revisions.
No changes, erasures, modifications or revisions shall be made in any subdivision plat after approval has been given by the Planning Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Planning Board and such Board approves any modifications. In the event that any such subdivision plat is recorded without complying with this requirement, the same shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk.
ARTICLE V
Public Streets and Recreation Areas
§ 103-16. Public acceptance of streets.
The approval by the Planning Board of a subdivision plat shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other open space shown on such subdivision plat.
§ 103-17. Ownership and maintenance of recreation areas.
When a park, playground or other recreation area shall have been shown on a plat, the approval of said plat shall not constitute an acceptance by the Town of such area. The Planning Board shall require the plat to be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the applicant and the Town Board covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such recreation area.
ARTICLE VI
Cluster Development
§ 103-18. General provisions.
Whereas pursuant to a resolution of the Town Board, the Planning Board is empowered to modify applicable provisions of Chapter 118, Zoning, in accordance with the provisions of § 281 of the Town Law for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economic use of streets and utilities and to preserve the natural and scenic qualities of open lands, the following shall be the procedure and standards.
§ 103-19. Request by subdivider.
The Planning Board may require the use of § 2813 simultaneously with or subsequent to presentation of the sketch plan as per the procedures described in Article II. Any submission subsequent to preliminary approval of a plat shall require a reapplication for sketch plan review.
§ 103-20. Density limitations.
In no case shall the number of dwelling units exceed the number that would be permitted on the total acreage of the parcel per Chapter 118, Zoning, and applicable zoning district.
§ 103-21. Sketch plan.
A subdivider shall present, along with a proposal in accordance with the provisions of § 281.4 a standard sketch plan which is consistent with all the criteria established by these Subdivision Regulations including, but not limited to, streets being consistent with the street specifications and lots being consistent with Chapter 118, Zoning.
§ 103-22. Lands available for municipal purposes.
If the application of this procedure results in a plat showing land available for park, recreation, open space, drainage or other municipal purposes, directly related to the plat, then conditions as to ownership, use and maintenance of such lands as are necessary to assure the preservation of such lands for their intended purposes shall be set forth by the Planning Board.
§ 103-23. Submission of plat.
Upon determination that such sketch plan is suitable for the procedures under § 281 and subsequent to the resolution authorizing the Planning Board to proceed, a preliminary plat meeting all of the requirements of the resolution shall be presented to the Planning Board, and thereafter the Planning Board shall proceed with the required public hearings and all other requirements of these regulations.
§ 103-24. Filing of approved plat; notice.
Upon the filing of a subdivision plat in the office of the County Clerk in which § 281 has been used, the subdivider shall file a copy with the Town Clerk, who shall make appropriate notations and reference thereto in the Town Zoning Ordinance Map. The Secretary of the Planning Board shall notify the Building Inspector when such a subdivision plat is filed.
ARTICLE VII
Design Standards
§ 103-25. General provisions and requirements.
A. In considering applications for subdivision of land, the Planning Board shall be guided by the standards set forth hereinafter. Said standards shall be considered to be minimum requirements and shall be waived by the Board only under circumstances set forth in Article IX herein.
B. General requirements.
(1) Character of land. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood or other menace.
(2) Conformity to Official Map and Master Plan. Subdivisions shall conform to the Official Map of the Town and shall be in harmony with the Master Plan, if such exists.
(3) Specifications for required improvements. All required improvements shall be constructed or installed to conform to all Town specifications, which may be obtained from the Town Engineer.
§ 103-26. Street layout.
A. Width, location and construction. Streets shall be of sufficient width, suitably located and adequately constructed to conform with the Master Plan, if such exists, and to accommodate the prospective traffic and afford access for fire fighting, snow removal and other road maintenance equipment. The arrangement of streets shall be such as to cause no undue hardship to adjoining properties and shall be coordinated so as to compose a convenient system.
B. Arrangement. The arrangement of streets in the subdivision shall provide for the continuation of principal streets of adjoining subdivisions and for proper projection of principal streets into adjoining properties which are not yet subdivided in order to make possible necessary fire protection, movement of traffic and the construction or extension, presently or when later required, of needed utilities and public services, such as sewers, water and drainage facilities. Where, in the opinion of the Planning Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified.
C. Minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
D. Special treatment along major arterial streets. When a subdivision abuts or contains an existing or proposed major arterial street, the Board shall, whenever possible, require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
E. Provision for future resubdivision. Where a tract is subdivided into lots substantially larger than the minimum size required in the zoning district in which a subdivision is located, the Board may require that streets and lots be laid out so as to permit future resubdivision in accordance with the requirements contained in these regulations.
F. Dead-end streets. The creation of dead-end (cul-de-sac or P-design or 9-design) or loop residential streets will be encouraged wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area. In the case of dead-end streets, where needed or desirable, the Board may require the reservation of a two-hundred-foot-wide easement to provide for continuation of pedestrian traffic and utilities to the next street. Whenever possible, subdivisions containing 20 lots or more shall have at least two street connections with existing public streets or streets shown on the Official Map, if such exists, or streets on an approved subdivision plat for which a bond has been filed.
G. Block size. Blocks generally shall not be less than 400 feet nor more than 1,200 feet in length. In general, no block width shall be less than twice the normal lot depth. In blocks exceeding 800 feet in length, the Planning Board may require the reservation of a twenty-foot-wide easement through the block to provide for the crossing of underground utilities and pedestrian traffic where needed or desirable and may further specify at its discretion, that a four-foot-wide paved footpath be included.
H. Intersections with collector or major arterial roads. Minor or secondary street openings into such roads shall, in general, be at least 500 feet apart.
I. Street jogs. Street jogs with center-line offsets of less than 125 feet shall be avoided.
J. Angle of intersection. In general, all streets shal1 join each other so that for a distance of at least 100 feet the street is approximately at right angles to the street it joins.
K. Relation to topography. The street plan of a proposed subdivision shall bear a logical relationship to the topography of the property, and all streets shall be arranged so as to obtain as many of the building sites as possible at or above the grade of the streets. Grades of streets shall conform as closely as possible to the original topography.
L. Other required streets. Where a subdivision borders on or contains a railroad right-of-way or limited-access-highway or right-of-way, the Planning Board may require a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the intervening land (as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts). Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
§ 103-27. Street design.
A. Widths of rights-of-way. Streets shall have the following widths. (When not indicated on the Master Plan or Official Map, if such exists, the classification of streets shall be determined by the Board.)
Type of Street
Minimum Right-of-Way (feet)
Minimum Pavement (feet)
Major streets
66
24
Business or industrial streets
66
24
Collector streets
60
20
Minor streets
60
20
Dead-end streets or cul-de-sac
60
20
B. Improvements.
(1) Streets shall be graded and improved with pavements and storm drainage facilities and also water mains, sewers and fire hydrants, if available. The Planning Board may also require, subject to approval by the Town Board and the formation, if necessary, of appropriate benefit districts, streetlights, signs, sidewalks, curbs and street trees. The Planning Board may waive, subject to appropriate conditions, any such improvements as it considers may be omitted without jeopardy to public health, safety and general welfare. Pedestrian easements shall be maintained or improved as determined by the Town Engineer. Street grading and all such improvements shall be approved as to design and specifications by the Town Engineer.
(2) Installation of fire hydrants shall be in conformity with all requirements of standard thread and nut as specified by the New York State Fire Insurance Rating Organization and the Division of Fire Safety of the State of New York. Fire hydrants shall be located not less than six feet nor more than 10 feet from the edge of the street pavement unless another location has been approved by the Town Highway Superintendent.
(3) Lighting facilities shall be in conformance with the lighting system of the Town.
(4) Such lighting standards and fixtures shall be installed after approval by the appropriate power company and the authorized Town electrical inspector.
(5) The design and location of all street signs shall be in conformance with the ordinances and regulations of the Town of Kirkland and shall be approved by the Town Highway Superintendent.
C. Utilities in streets. The Planning Board shall, wherever possible, require that underground utilities be placed in the street right-of-way between the paved roadway and street line to simplify location and repair of lines when they require attention. The subdivider shall install underground service connections to the property line of each lot within the subdivision for such required utilities before the street is paved.
D. Utility easements. Where topography is such as to make impractical the inclusion of utilities within the street rights-of-way, perpetual unobstructed easements at least 20 feet in width shall be otherwise provided with satisfactory access to the street. Wherever possible, casements shall be continuous from block to block and shall present as few irregularities as possible. Such easements shall be cleared and graded where required.
E. Grades. Grades of all streets shall conform in general to the terrain and shall not be more than 6%, unless another grade design has been approved by the Town Highway Superintendent. In no case shall a grade of more than 3% be permitted within SO feet of any intersection.
F. Changes in grade. All changes in grade shall be connected by vertical curves of such length and radius as meet with the approval of the Town Engineer so that clear visibility shall be provided for a safe distance.
G. Curve radii at street intersections. All street right-of-way lines at intersections shall be rounded by curves of at least a twenty-foot radius, and curbs shall be adjusted accordingly.
H. Steep grades and curves; visibility at intersections. A combination of steep grades and curves shall be avoided. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded on Sketch A shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed, ground shall be excavated to achieve visibility.
I. Dead-end streets (cu Is-de-sac). Where dead-end streets are designed to be so permanently, they should, in general, not exceed 1,000 feet in length, and shall terminate as shown in Sketch B-1, Sketch B-2 or Sketch B-3. At the end of temporary dead-end streets a temporary turnaround with a pavement radius of 50 feet shall be provided, unless the Planning Board approves an alternate arrangement.
J. Watercourses.
(1) Where a watercourse separates a proposed street from abutting property, provision shall be made for access to all lots by means of culverts or other structures of design approved the Town Engineer.
(2) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way as required the Town Engineer, and in no case less than 20 feet in width.
K. Curve radii. In general, street lines within a block, deflecting from each other at anyone point by more than 10° shall be connected with a curve, the radius of which for the center line of street shall not be less than 400 feet on major streets, 200 feet on collector streets and 100 feet on minor streets.
L. Service streets or loading space in commercial development. Paved rear service streets of not less than 20 feet in width or, in lieu thereof, adequate off-street loading space, suitably surfaced, shall be provided in connection with lots designed for commercial use.
M. Free flow of vehicular traffic abutting commercial developments. In front of areas zoned and designed for commercial use or where a change of zoning to a zone which permits commercial use is contemplated, the street width shall be increased by such amount on each side as may be deemed necessary by the Planning Board to assure the free flow of through traffic without interference by parked or parking vehicles and to provide adequate and safe parking space for such commercial or business district.
§ 103-28. Street names.
A. Type of name. All street names shown on a subdivision plat shall be approved by the Town Board. In general, streets shall have names and not numbers or letters.
B. Names to be substantially different. Proposed street names shall be substantially different so as not to be confused in sound or spelling with present names, except that streets that join or are in alignment with streets of an abutting or neighboring property shall bear the same name. Generally, no street should change direction by more than 90° without a change in street name.
C. Lot numbers. The subdivision plat shall show lot numbers.
D. Postal service numbers. The subdivider shall submit a copy of his subdivision plat to the Town Board in order to facilitate the assignment of postal service numbers in accordance with the requirements of the United States Postal Service.
§ 103-29. Lots.
A. Lots to be buildable. The lot arrangement shall be such that, in constructing a building in compliance with Chapter 118, Zoning, there will be no foreseeable difficulties for reasons of topography or other natural conditions. Lots should not be of such depth as to encourage the later creation of a second building lot at the front or rear.
B. Side lines. All side lines of lots shall be at right angles to straight street lines and radial to curved street lines. The Planning Board may waive this requirement in order to provide a better street or lot plan.
C. Corner Jots. In general, corner lots should be larger than interior lots to provide for proper building setback from each street and provide a desirable building site.
D. Driveway access. Driveway access and grades shall conform to the specifications of any and all ordinances and standards set by the Town Highway Department. Driveway grades between the street and the setback line shall not exceed 10%.
E. Access from private streets. Access from private streets shall be deemed acceptable only if such streets are designed and improved in accordance with these regulations.
F. Monuments and lot corner markers. Permanent monuments or markers meeting specifications approved by the Town Engineer as to size, type and installation shall be set at such block corners, angle points, points of curves in streets and other points as the Town Engineer may require, and their location shall be shown on the subdivision plat.
§ 103-30. Public water and sewers.
Subdivisions shall be serviced by public water and by public sewer, unless the Planning Board deems that to do so would be impractical. In the event that the Planning Board deems such service impractical, the subdivider may be required to submit results of tests performed in accordance with standards and specifications as set by the Planning Board that show that individual wells and on-site sanitation will have no substantial adverse impact on the availability and quality of water.
§ 103-31. Drainage.
A. Removal of spring- and surface water. The subdivider may be required by the Planning Board to carry away by pipe or open ditch any spring- or surface water that may exist either previous to or as a result of the subdivision. Such drainage facilities shall be located in the street right-of-way where feasible or in perpetual unobstructed easements of appropriate width.
B. Stormwater runoff. A stormwater management system should be developed for the proposed future development which may occur as a result of this project. Such stormwater management system shall meet or exceed the design standards of a fifty-year, twenty-four-hour storm as outlined in Urban Hydrology for Small Watersheds, Technical Release Number 55, June 1986, Soil Conservation Service.
C. Land subject to flooding. Land subject to flooding or land deemed by the Planning Board to be uninhabitable shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate the flood hazard. Such land within the plat shall be set aside for such uses as shall not be endangered by periodic or occasional inundation or improved in a manner satisfactory to the Planning Board to remedy said hazardous conditions. In any event, the subdivider shall comply with all requirements of the N.F.I.P.
§ 103-32. Parks, open space and natural features.
A. Recreation areas shown on the Town Plan. Where a proposed park, playground or open space shown on the Town Plan is located in whole or in part in a subdivision, the Board shall require that such area or areas be shown on the plat in accordance with the requirements specified in Subsection B below. Such area or areas may be dedicated to the Town or county by the subdivider if the Town Board approves such dedication.
B. Parks and playgrounds not shown on Town Plan.
(1) The Planning Board may require that the plat show sites of a character, extent and location suitable for the development of a park, playground or other recreation purpose. The Planning Board may require that the developer satisfactorily grade any such recreation areas shown on the plat.
(2) The Board shall require that not less than three acres of recreation space be provided per 100 dwelling units shown on the plat. However, in no case shall the amount be more than 10% of the total area of the subdivision. Such area or areas may be dedicated to the Town by the subdivider if the Town Board approves such dedication. Appropriate legal measures should be taken to assure that such land can never be developed for other than recreational purposes.
C. Information to be submitted. In the event that an area to be used for a park or playground is required to be so shown, the subdivider shall submit, prior to final approval, to the Planning Board three prints (one on material acceptable to the office of the County Clerk) drawn in ink, showing, at a scale of not less than 30 feet to the inch, such area and the following features thereof:
(1) The boundaries of said area, giving lengths and bearings of all straight lines and radii, lengths, central angles and tangent distances of all curves.
(2) Existing features such as brooks, ponds, clusters of trees, rock outcrops and structures.
(3) Existing and, if applicable, proposed changes in grade and contours of said area and of the area immediately adjacent.
D. Waiver of plat designation of area for parks and playgrounds.
(1) In cases where the Planning Board finds that, due to the size, topography or location of the subdivision, land for a park, playground or other recreational purpose cannot be properly located therein or in the opinion of the Board, it is not desirable, the Board may waive the requirement that the plat show land for such purposes. When land for such purposes cannot be set aside, the Board may require as a condition of approval of the subdivision plat a payment in an amount set by the Town Board. The amount of land which otherwise would have been acceptable as a recreation site shall be determined in accordance with the standards set forth in Subsection B.
(2) Such amount shall be paid to the Town Board at the time of final plat approval, and no subdivision plat shall be signed by the authorized officer of the Planning Board until such payment is made. All such payments shall be held by the Town Board in a special Town Recreation Site Acquisition and Improvement Fund to be used for the acquisition of land that is suitable for permanent park, playground or other recreational purposes, is so located that it will serve primarily the general neighborhood in which the land covered by the subdivision plat lies and shall be used only for park, playground or other recreational land acquisition or improvements. Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the plat is situated, provided that the Town Board finds there is a need for such improvements.
E. Reserve strips prohibited. Reserve strips of land which might be used to control access from the proposed subdivision to any neighboring property or to any land within the subdivision itself shall be prohibited.
F. Preservation of natural features. The Planning Board shall, wherever possible, establish the preservation of all natural features which add value to residential developments and to the community, such as large trees or groves, watercourses and falls, beaches, historic spots, vistas and similar irreplaceable assets. No tree with a diameter of eight inches or more as measured three feet above the base of the trunk shall be removed unless such tree is within the right-of-way of a street as shown on the final plat. Removal of additional trees shall be subject to the approval of the Planning Board. In no case, however, shall a tree with a diameter of eight inches or more as measured three feet above the base of the trunk be removed without prior approval by the Planning Board.
ARTICLE VIII
Documents To Be Submitted
§ 103-33. Sketch plan.
A. The sketch plan initially submitted to the Planning Board shall be based on Tax Map information or some other similarly accurate base map at a scale preferably not less than 200 feet to the inch, to enable the entire tract to be shown on one sheet.
B. The sketch plan shall be submitted, showing the following information:
(1) The location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.
(2) All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 100 feet thereof. If slopes are greater than 10%, contours shall also be indicated at intervals of not more than 10 feet.
(3) The names of the owner and of all adjoining owners as disclosed by the most recent municipal tax records.
(4) The Tax Map sheet, block and lot numbers, if available.
(5) All the utilities available and all streets which are either proposed, mapped or built.
(6) The proposed pattern of lots (including lot width and depth), subdivision lot numbers, street layout, recreation areas, systems of drainage, sewerage and water supply [see Article VIII, § 103-34A(3)] within the subdivided area.
(7) All existing restrictions on the use of land, including easements, covenants or zoning lines.
§ 103-34. Minor subdivision plat.
A. In the case of a minor subdivision only, subdivision plat application shall include, in addition to all requirements of Article VIII, § 103-33, the following information:
(1) A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
(2) An actual field survey of the boundary lines of the tract and each lot within the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor. In general, permanent monuments shall be placed at all critical points necessary to correctly layout any lot in the subdivision. Monuments shall consist of one-inch (at least 3/4 inch outside diameter) iron pins or another approved type of monument.
(3) All on-site sanitation and water supply facilities shall be designed to meet the minimum specification of the State Department of Health, and a note to this effect shall be stated on the subdivision plat and signed by a licensed engineer. Such on-site sanitation and water facilities shall be reviewed and approved by the Town Building Inspector and/or the Town Sanitary Inspector.
(4) The proposed subdivision name and the names of the Town and county in which it is located.
(5) The date, North point, map scale and names and addresses of the record owner and subdivider.
(6) Subdivision lot numbers.
(7) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the NYS SPDES General Permit for Construction Activities GP-O 1 and Chapter 100, Stormwater Management of the Code of the Town of Kirkland, shall be required for plat approval of a minor subdivision. The SWPPP shall meet the performance and design criteria in Chapter 100 of the Code. This requirement may be waived by the Planning Board if the proposed minor subdivision is unlikely to result in land disturbance of one acre and is not part of a larger common plan of development or sale. [Added 8-13-2007 by L.L. No. 1-2007]
B. The subdivision plat shall be prepared in accordance with the standards (as to material and size) as required by the office of the County Clerk.
§ 103-35. Preliminary plat and data for major subdivision.
The following documents shall be submitted for approval:
A. Five copies of the preliminary plat prepared at a scale of not more than 100 but preferably not less than 50 feet to the inch, showing:
(1) The proposed subdivision name, names of Town and county in which it is located, date, true North point, scale and names and addresses of record owner, subdivider and engineer or surveyor, including license number and seal.
(2) The names of all subdivisions immediately adjacent and the names of the owners of record of all adjacent property.
(3) The zoning district or districts, including exact boundary lines of the district if more than one district, and any proposed changes in the zoning district lines and/or Chapter 118, Zoning, text applicable to the area to be subdivided.
(4) All parcels of land proposed to be dedicated to public use and the conditions of such dedication.
(5) Location of existing property lines, easements, buildings, watercourses, marshes, rock outcrops, wooded areas, single trees with a diameter of eight inches or more as measured three feet above the base of the trunk and other significant existing features for the proposed subdivision and adjacent property.
(6) Location of existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow.
(7) Contours with intervals of five feet or less as required by the Board, including elevations on existing roads. Approximate grading plan if natural contours are to be changed more than two feet.
(8) The width and location of any streets or public ways or places shown on the Official Map or the Master Plan, if such exists, within the area to be subdivided and the width, location, grades and street profiles of all streets or public ways proposed by the developer.
(9) The approximate location and size of all proposed waterlines, valves, hydrants and sewer lines and fire alarm boxes; connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law; and profiles of all proposed water and sewer lines.
(10) Storm drainage plan, indicating the approximate location and size of proposed lines and their profiles, and connection to existing lines or alternate means of disposal.
(11) Plans and cross-sections showing the proposed location and type of sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof, the character, width and depth of pavements and subbase, the location of manholes, basins and underground conduits.
(12) Preliminary designs of any bridges or culverts which may be required.
(13) The proposed lot lines, with approximate dimensions and area of each lot, and a number to designate each subdivision lot.
(14) Where the topography is such as to make difficult the inclusion of any of the required facilities within the public areas as laid out, the preliminary plat shall show the boundaries of proposed permanent easements over or under private property, which permanent easements shall not be less than 20 feet in width and which shall provide satisfactory access to an existing public highway or other public open space shown on the subdivision or the Official Map.
(15) An actual field survey of the boundary lines of the tract, glYrng complete descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by monuments. In general, permanent monuments shall be placed at all critical points necessary to correctly layout any lot in the subdivision. Monuments shall consist of one-inch (at least 3/4 inch outside diameter) iron pins or another approved type of monument.
(16) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the NYS SPDES General Permit for Construction Activities GP-02-01 and Chapter 100, Stormwater Management, of the Code of the Town of Kirkland shall be required for preliminary plat approval of a major subdivision. The SWPPP shall meet the performance and design criteria in Chapter 100 of the Code. [Added 8-13-2007 by L.L. No. 1-2007J
B. If the application covers only a part of the subdivider’s entire holding, a map of the entire tract, drawn at a scale of not less than 400 feet to the inch, showing an outline of the platted area with its proposed streets and indication of the probable future street system with its grades and drainage in the remaining portion of the tract and the probable future drainage layout of the entire tract shall be submitted. The part of the subdivider’s entire holding submitted shall be considered in the light of the entire holdings.
C. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract.
§ 103-36. Final plat and data for major subdivision.
The following documents shall be submitted for final plat approval:
A. Ten copies of the subdivision plat. One of these copies shall be prepared in accordance with the standards, as to material and size and including a margin for binding, as required by the office of the County Clerk.
(1) The subdivision plat shall be drawn at a scale of no more than 100 feet to the inch and oriented with the North point at the top of each sheet of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible.
(2) The subdivision plat shall show:
a. The proposed subdivision name or identifying title and the names of the T own and county in which the subdivision is located, the names and addresses of record owner and subdivider and name, license number and seal of the licensed land surveyor.
b. Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use.
c. Sufficient data acceptable to the Town Engineer to determine readily the location, bearing and length of every street line, lot line and boundary line and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the state system of plan coordinates and in any event should be tied to reference points previously established by a public authority.
d. The length and bearing of all straight lines, radii, length of curves and central angles of all curves and tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The subdivision plat shall show the boundaries of the property, location, graphic scale and true North point.
e. The subdivision plat shall also show by proper designation thereon all public open spaces for which deeds are included and those spaces to which title is reserved by the developer. For any of the latter, there shall be submitted with the subdivision plat copies of agreements or other documents showing the matter in which such areas are to be maintained and the provisions made thereof.
f. All offers of cession and covenants governing the maintenance of open space that has not been conveyed shall bear the certificate of approval of the Town Attorney as to their legal sufficiency.
g. Lots and blocks within a subdivision shall be numbered and lettered ill alphabetical order in accordance with the prevailing Town practice.
h. Permanent reference monuments shall be shown and shall be constructed in accordance with specification of the Town Engineer. When referenced to the state system of plan coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineer and their location noted and referenced upon the plat.
i. All lot corner markers shall be permanently located satisfactorily to the Town Engineer, at least 3/4 inch (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade.
j. Monuments of a type approved by the Town Engineer shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections, angle points in street lines, points of curve and such intermediate points as shall be required by the Town Engineer.
k. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of the NYS SPDES General Permit for Construction Activities GP-02-0 1 and Chapter 100, Stormwater Management, of the Code of the Town of Kirkland shall be required for final plat approval of a major subdivision. The SWPPP shall meet the performance and design criteria in Chapter 100 of the Code. [Added 8-13-2007 by L.L. No. 1-2007]
B. Construction drawings, including plans, profiles and typical cross-sections, as required, showing the proposed location, size and type of streets, sidewalks, streetlighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, pavement and subbase, manholes, catch basins and other facilities.
ARTICLE IX
Waivers
§ 103-37. Grant of authority.
Where the Planning Board finds that, due to the special circumstances of a particular subdivision plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may waive such requirements subject to appropriate conditions, provided that such waiver will not have the effect of nullifying the intent and purpose of the Official Map, the Master Plan or Chapter 118, Zoning,· if such exists.
§ 103-38. Conditions.
In granting waivers, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so waived.
ARTICLE X
Enforcement
§ 103-39. Penalties for offenses.
A. Any person or corporation, whether as contractor, owner or lessee, agent or employee, who shall violate any of the provisions of this chapter or who fails to comply with any order or regulation made thereunder or who erects, alters, moves or uses any building or uses any land in violation of any detailed statement of plans submitted by him and approved under the provisions of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine not exceeding $250 or imprisonment not exceeding six months, or both, in accordance with the provisions of Article 16 of the Town Law and any amendments thereto and any other statutes relating thereto. Each week’s continued violation shall constitute a separate additional violation.
B. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings in any court, including but not limited to the Justice Court of the Town of Kirkland, to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such building, structure or land.
ARTICLE I
Senior Citizens Tax Exemption
[Pursuant to § 467 of the Real Property Tax Law, a partial real property tax exemption for the elderly is granted by the Town Board of the Town of Kirkland. The current maximum income level for eligibility for said exemption is established by resolution from time to time and is on file in the office of the Town Clerk.]
ARTICLE II
Alternate Veterans Exemption [Adopted 1-27-1997 by L.L. No. 1-1997]
§ 106-1. Cap increases; statutory equalization reinstated.
A. Pursuant to Chapter 477 of the Laws of 1996 (amending the Real Property Tax Law, § 458-a) the Town of Kirkland does hereby increase the maximum exemption allowable in paragraphs (a), (b) and (c) of Subdivision 2 of § 458-a of the Real Property Tax Law, pursuant to subparagraph (ii) of paragraph (d) of Subdivision 2 of § 458-a of the Real Property Tax Law, to $18,000, $12,000 and $60,000, respectively.
B. This amendment shall increase the home value cap for married veterans to a maximum of $120,000, thereby allowing the full statutory percentage of the alternate veterans exemption.
C. Pursuant to Chapter 477 of the Laws of 1996, the Town of Kirkland does hereby adopt the amendment set forth in paragraph (f) of Subdivision 1 of § 458-a of the Real Property Tax Law which reinstates the original equalization provisions of the Real Property Tax Law of the State of New York. This will allow the Town caps to fluctuate from year to year as equalization rates change, so as to ensure that a veteran of the Town of Kirkland will receive the same benefits from the exemption as a fellow veteran in another Town which has the same cap, but which assesses at a different level of assessed value.
ARTICLE III
Exemption for Disabled Persons With Limited Income [Adopted 3-25-1998 by L.L. No. 4-1998]
§ 106-2. Statutory authority.
The adoption of this article is made pursuant to § 10 of the Municipal Home Rule Law and § 459-c of the Real Property Tax Law. All definitions, terms and conditions of such statute shall apply to this article of the Town Law of the State of New York.
§ 106-3. Reduction in real estate taxes.
Real property owned by a person with disabilities whose income is limited by such disabilities and used as the legal residence of such person shall be entitled to a partial exemption from taxation to the extent of 50% of assessed valuation.
§ 106-4. Eligibility.
To be eligible for the exemption authorized by such § 459-c and implemented by this article, the maximum income of such person shall not exceed the sum of $18,500. Any such person having a higher income shall be eligible for exemption in accordance with the following schedule:
Annual Income
Percentage Assessed Valuation Exempt From Taxation
More than $18,500 but less than $18,500 plus $1,000
45%
$18,500 plus $1,000 or more but less than $18,500 plus $2,000
40%
$18,500 plus $2,000 or more but less than $18,500 plus $3,000
35%
$18,500 plus $3,000 or more but less than $18,500 plus $3,900
30%
$18,500 plus $3,900 or more but less than $18,500 plus $4,800
25%
$ 18,500 plus $4,800 or more but less than $18,500 plus $5,700
20%
$18,500 plus $5,700 or more but less than $18,500 plus $6,600
15%
$18,500 plus $6,600 or more but less than $18,500 plus $7,500
10%
$18,500 plus $7,500 or more but less than $18,500 plus $8,400
5%
§ 106-5. Applicability.
This exemption shall be extended to a legal residence owned as a cooperative apartment as provided in such § 459-c.
ARTICLE IV
Exemption for Capital Improvements to Residential Buildings [Adopted 1-25-1999 by L.L. No. 1-1999]
§ 106-6. Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXEMPTION BASE – The increase in assessed value as determined in the initial year of the term of the exemption.
MARKET VALUE OF RECONSTRUCTION, ALTERATIONS AND IMPROVEMENTS- Is calculated by dividing the increase in assessed value attributable to the construction by the latest state equalization rate or special equalization rate, unless such rate is 95% or more, in which case the assessed value is to be considered equal to the market value.
RECONSTRUCTION, ALTERATION AND IMPROVEMENT – Shall not mean ordinary maintenance and repairs. Also, stand-alone structures such as detached garages or in-ground swimming pools do not qualify for this exemption. “Reconstruction, alterations and improvements” shall include additions, remodeling or modernization to an existing residential structure to prevent physical deterioration or to comply with applicable building, sanitary, health and/or fire codes.
RESIDENTIAL BUILDING – Any building or structure designed and occupied exclusively for residential purposes by not more than two families.
§ 106-7. Real property tax exemption.
The following structures shall be eligible for exemption from those Town of Kirkland taxes resulting from increased assessments due to capital improvements to property:
A. Residential. Buildings reconstructed, altered or improved subsequent to the effective date of this article shall be exempt for a period of one year to the extent of 100% of the increase in assessed value thereof attributable to such reconstruction, alterations and improvements.
B. Following the initial exemption year and for a period of seven years following, the extent of such exemption shall be decreased by 12 112% of the exemption base each year during such additional period.
C. In any year in which a change in level of assessment of 15% or more is certified for a final assessment roll pursuant to the rules of the New York State Office of Real Property Services, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll (after accounting for any physical or quantity changes to the parcel since the immediately preceding assessment roll) and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the Assessor receives certification of the change in the level of assessment after the completion, verification and filing of the final assessment roll.
D. Such exemptions shall be limited to a maximum of $30,000 attributable to such reconstruction, alterations and improvements. Any increase in market value greater than such amount shall not be eligible for exemption pursuant to this section.
§ 106-8. Exclusions from tax exemption.
A. No such exemption shall be granted for reconstruction, alterations and improvements unless:
(1) Such reconstruction, alterations and improvements were commenced subsequent to the effective date of this article; and
(2) The market value of such reconstruction, alterations and improvements exceeds $3,000; and
(3) The greater portion, as determined by square footage, of the building reconstruction, alterations and improvements is at least five years old.
B. Failure to meet all of the above conditions shall result in the denial of the application for exemption.
§ 106-9. Application for tax exemption.
A. An exemption under the provisions of this article shall be granted only upon the timely filing of an application by the owner of such residential building on a form prescribed by the New York State Office of Real Property Services. Such application shall be filed with the Assessor of the municipality in which the applicant’s property is situated on or before the relevant taxable status date.
B. If satisfied that the applicant is entitled to an exemption pursuant to this article, the Assessor shall approve the application, and such building shall thereafter be exempt from taxation and special ad valorem levies as provided in this article commencing with the assessment roll prepared on the basis of the taxable status date.
C. The assessed value of any exemption granted pursuant to this article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
§ 106-10. Cessation of tax exemption.
In the event that a building granted an exemption pursuant to this article ceases to be used for exclusively residential purposes or title thereto is transferred to other than the heirs or distributees of the owner, the exemption granted pursuant to this article shall cease and be of no further force and effect.
ARTICLE V
Exemptions for Volunteer Firefighters and Ambulance Workers [Adopted 3-29-2006 by L.L. No. 1-2006]
§ 106-11. Legislative intent.
The intent of this article is to adopt the provisions of § 466-e of the Real Property Tax Law, to extend property tax exemption to volunteer firefighters and ambulance workers to encourage volunteerism in local fire and ambulance companies.
§ 106-12. Statutory authority.
This article is adopted pursuant to the authority of Real Property Tax Law § 466-e.
§ 106-13. Grant of exemptions; conditions.
A. Real property owned by an enrolled member of an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service or such enrolled member and spouse residing in the Town of Kirkland shall be entitled to a real property tax exemption to the extent of 10% of the assessed value of such real property for Town tax purposes only, exclusive of special assessments; provided, however, that such exemption shall, under no circumstances, exceed $3,000, multiplied by the latest state equalization rate for the assessing unit in which such real property is located.
B. Such exemption shall not be granted to an enrolled member of an incorporated volunteer fire company, fire department or volunteer ambulance service in the Town of Kirkland unless:
(1) The applicant for such exemption resides in the Town or village which is served by such incorporated volunteer fire company, fire department or incorporated volunteer ambulance service.
(2) The property on which the exemption is claimed is the primary residence of the applicant.
(3) The property is used exclusively for the applicant’s residential purposes; provided, however, that in the event any portion of such property is not used exclusively as the applicant’s residence but is used for other purposes, such portion not used as residence shall be subject to taxation and the remaining portion only shall be entitled to the exemption provided for in this article.
(4) The applicant has completed five years of active service with an incorporated volunteer fire company, fire department or incorporated volunteer ambulance service and the applicant otherwise would be eligible for a service award program using the criteria for such service awards programs set forth in § 217 of the General Municipal Law, which criteria are incorporated into this article and are specifically made applicable to both volunteer firefighters and volunteer ambulance workers.
(5) The incorporated volunteer fire company, fire department or incorporated volunteer ambulance service has submitted to the Town Assessor’s office a complete list of enrolled members, with their respective dates of service with such incorporated volunteer fire company, fire department or incorporated volunteer ambulance service. The Town Assessor shall then review all applicants and certify those applicants who meet the necessary criteria to be eligible for this exemption.
C. Any enrolled member of an incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who accrues more than 20 years of active service and is so certified by the authority having jurisdiction for the incorporated voluntary ambulance service, shall be granted the ten-percent exemption as authorized by this article for the remainder of his or her life and for as long as his or her primary residence is located within the Town of Kirkland.
D. Application for such exemption shall be filed annually with the Assessor of the Town of Kirkland on or before the annual taxable status date for the Town, on a form as prescribed by the State Board of Equalization and Assessment.
E. No applicant who is a volunteer firefighter or volunteer ambulance worker who, by reason of such status, is receiving any benefit under the provisions of Article 4 of the Real Property Tax Law on the effective date of this article shall suffer any diminution of such benefit because of the provisions of this article.
§ 109-1. Purpose.
The purpose of this chapter is to ensure safety, traffic control and the orderly use of the streets and highways within the Town of Kirkland; it is necessary to have an orderly arrangement for providing tow truck and wrecker services within said Town.
§ 109-2. Distance to be maintained from accidents.
From and after the passage of this chapter, it shall be unlawful for any person, firm or corporation to have any of their agents, servants or employees engaged in tow truck wrecker service within the corporate limits of said Town to come within 300 feet of the scene of any accident or to cause their wreckers to approach nearer than 300 feet of the scene of any accident of any automobile or other vehicle within the corporate limits of said Town until the Police Department has had an opportunity to investigate said accident and have directed and authorized said wrecker to approach within said prohibitive distance and take charge of said wrecked vehicle and to remove same from said scene.
§ 109-3. Rotation list authorized.
The Commissioner of Public Safety or, if there is none, the Town Board, is hereby authorized to establish a list of persons or firms to be used on a rotating basis by the Town of Kirkland Police Department whenever towing and wrecking services are called by said Police Department.
§ 109-4. Standards for operation.
The requirements for participation and such list shall be as follows:
A. All towing service firms shall provide and maintain facilities for secure storage of towed vehicles. Such facilities are to be either a storage garage and/or fenced area with an industrial-type fence at least six feet high.
B. Towing service shall be available for assignment on a twenty-four-hour-per-day, seven-day-per-week basis.
C. The towing service operator shall maintain a place of business or office within the Town of Kirkland.
D. The towing service operator shall maintain and equip its towing vehicle in accordance with the laws of the State of New York and such additional requirements as may be prescribed by the Commissioner of Public Safety or, if there is none, the Town of Kirkland.
E. Any person removing a wrecked or damaged vehicle from a highway shall retrieve any glass or other injurious substance dropped upon the highway from such vehicle.
F. All towing service operators must have a certificate of insurance coverage that will consist of a minimum of $100,000 for bodily injury each person, $300,000 for bodily injury per occurrence and $50,000 for property damage for each occurrence.
G. All towing service operators will keep a logbook in which will be listed the date and time the vehicle was picked up, the location from where the vehicle was towed, the make, model and color of the vehicle and the license number on the vehicle. This logbook will be subject to inspection by any police officer.
H. Towing service operators will notify the Town of Kirkland Police Department, in writing, of any towed vehicle left unclaimed for more than 48 hours.
1. Towing service operators shall agree to indemnify and hold harmless the Town of Kirkland from any claims or liabilities which occur as a result of performing towing or wrecker service at the request of the Town of Kirkland Police Department.
§ 109-5. Rates and charges.
The towing service operator, upon completion of a tow, shall levy tow service charges against the rightful owner of the vehicle in conformity with the Code of the Town of Kirkland. No fee may be levied for response not resulting in the removal of the vehicle. The cost of removal or towing shall be the responsibility of the vehicle owner or operator and shall not exceed the rates established by law.
§ 109-6. Promulgation of rules and regulations.
The Commissioner of Public Safety or, if there is none, the Town Board, is hereby given authority to promulgate such other rules or regulations as he deems necessary, consistent with the intent of this chapter.
§ 109-7. Construal of provisions.
This chapter shall not be construed to prohibit any other person or firm from engaging in the business of providing towing, wrecking or mechanical services within the Town. Further, nothing in this chapter shall be construed so as to prevent any owner or operator of a motor vehicle from calling any tower or wrecker of his own choice.
§ 109-8. Penalties for offenses.
Any person, firm or corporation engaged in the wrecker service violating this chapter shall, upon conviction, be subject to a fine not exceeding $100 and/or imprisonment not to exceed 30 days, or both, in the discretion of the court.
ARTICLE I
General Provisions
§ 113-1. Definitions.
A. The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
B. The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this chapter:
CURBLINE – The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the roadway.
HOLIDAYS – New Year’s Day, Lincoln’s Birthday, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
OFFICIAL TIME STANDARD – Whenever certain hours are named herein or on traffic control devices, they shall mean the time standard which is in current use in this state.
§ 113-2. Authority to install traffic control devices.
The Town of Kirkland, County of Oneida, and State of New York, shall install and maintain traffic control devices when and as required under the provisions of this chapter, to make effective the provisions of this chapter, and may install and maintain such additional traffic control devices as it may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.
§ 113-3. Schedules; adoption of regulations.
A. F or the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules, appearing as Article VI of this chapter, in which shall be entered all regulations after adoption. Such schedules shall be deemed a part of the section to which they refer. All regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.
B. Regulations shall be adopted by the Town Board in accordance with provisions of the Town Law and the Vehicle and Traffic Law, or by an officer or agency authorized by the Town Board to adopt regulations pursuant to § 1603 of the Vehicle and Traffic Law.
ARTICLE II
Traffic Regulations
§ 113-4. Traffic control signals.
Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule I (§ 113-33), attached to and made a part of this chapter.
§ 113-5. One-way streets.
The streets or parts of streets described in Schedule II (§ 113-34), attached to and made a part of this chapter, are hereby designated as one-way streets in the direction indicated.
§ 113-6. U-turns.
No person shall make a U-turn on any of the streets or parts of streets described in Schedule III (§ 113-35), attached to and made a part of this chapter.
§ 113-7. Prohibited turns at intersections.
No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule IV (§ 113-36), attached to and made a part of this chapter.
§ 113-8. Prohibited right turns on red signal.
No person shall make a right turn when facing a steady red signal (stop indication) at any of the locations described in Schedule V (§ 113-37), attached to and made a part of this chapter.
§ 113-9. Stop intersections.
The intersections described in Schedule VI (§ 113-38), attached to and made a part of this chapter, are hereby designated as stop intersections. Stop signs shall be installed as provided therein.
§ 113-10. Yield intersections.
The intersections described in Schedule VII (§ 113-39), attached to and made a part of this chapter, are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
§ 113-11. Trucks over certain weights excluded.
Trucks in excess of the weights indicated are hereby excluded from the streets or parts of streets described in Schedule VIII (§ 113-40), except for the pickup and delivery of materials on such streets.
ARTICLE III
Parking, Standing and Stopping
§ 113-12. Application of article.
The provisions of this article 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.
§ 113-13. Manner of parking.
A. Wherever a space shall be marked off on any street for the parking of an individual vehicle, every vehicle there parked shall be parked within the lines bounding such space.
B. Except where angle parking is authorized, every vehicle stopped, standing or parked on a highway where there are no adjacent curbs shall be so stopped, standing or parked parallel with the edge of the roadway headed in the direction of lawful traffic.
§ 113-14. Seasonal parking restrictions.
A. All persons are prohibited from parking automobiles or any other vehicles in or upon any Town and county roadway with five feet of the shoulder of such highway contiguous with the highway (as, defined by §§ 140 and 743 of the Vehicle and Traffic Law of the State of New York) within the Town of Kirkland, New York, excluding any incorporated villages and excluding that portion of the highways in the Town of Kirkland north of New York State Route No.5.
B. Parking shall be prohibited from November 1 to April 1 between the hours of 2:00 a.m. and 8:00 a.m.
§ 113-15. Parking prohibited at all times.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule IX, (§ 113-41), attached to and made a part of this chapter, except for handicapped parking areas designated by the Town Board of the Town of Kirkland.
§ 113-16. No stopping.
No person shall stop a vehicle upon any of the streets or parts of streets described in Schedule X (§ 113-42), attached to and made a part of this chapter.
§ 113-17. No standing.
No person shall stand a vehicle upon any of the streets or parts of streets described III Schedule (§ 113-43), attached to and made a part of this chapter.
§ 113-18. Parking prohibited certain hours.
No person shall park a vehicle between the hours specified in Schedule XII (§ 113-44) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XII, attached to and made a part of this chapter.
§ 113-19. No stopping certain hours.
No person shall stop a vehicle during the times specified in Schedule XIII (§ 113-45) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XIV, attached to and made a part of this chapter.
§ 113-20. No standing certain hours.
No person shall stand a vehicle during the times specified in Schedule XIV (§ 113-46) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XIV, attached to and made a part of this chapter.
§ 113-21. Time limit parking.
No person shall park a vehicle for longer than the time limit shown in Schedule XV (§ 113-47) at any time between the hours listed in said Schedule XV of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said Schedule XV, attached to and made a part of this chapter.
§ 113-22. Angle parking.
No person shall park a vehicle upon any of the streets of parts thereof described in Schedule XVI (§ 113-48) except at the angle designated and only within the painted stall lines. On all streets or portions thereof where angle parking is now or shall hereafter be authorized, all vehicles parked thereon shall be parked with the front thereof nearest the curb.
§ 113-23. Loading zones.
The locations described in Schedule XVII (§ 113-49), attached to and made a part of this chapter, are hereby designated as loading zones.
§ 113-24. Taxi stands.
The locations described in Schedule XVIII (§ 113-50), attached to and made a part of this chapter, are hereby designated as taxi stands.
§ 113-25. Bus stops.
The locations described in Schedule XIX (§ 113-51), attached to and made a part of this chapter, are hereby designated as bus stops.
§ 113-25.1. Handicapped parking. [Added 11-15-2006 by Res. No. 61]
The locations described in Schedule XX (§ 113-51.1), attached to arid made a part of this chapter, are hereby designated as handicapped parking.
ARTICLE IV
Removal and Storage of Vehicles
§ 113-26. Authority to impound vehicles.
A. When any vehicle is parked or abandoned on any highway or public parking lot within this Town during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by or under the direction of the Highway Superintendent or Chief of Police.
B. When any vehicle is found unattended on any highway or public parking lot within the Town where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or under the direction of the Highway Superintendent or the Chief of Police.
§ 113-27. Storage and charges.
After removal of any vehicle as provided in this article, the Highway Superintendent or Police Chief will direct the tow service and may store or cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the person with whom stored of the amount of all reasonable expenses actually and necessarily incurred in effecting such removal and storage.
§ 113-28. Notice of removal.
It shall be the duty of the Police Department to ascertain to the extent possible the owner of the vehicle or the person having the same in charge and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem same. Said Police shall also without delay report the removal and disposition of any vehicle removed as provided in this article to the Town Clerk.
ARTICLE V
Miscellaneous Provisions
§ 113-29. Penalties for offenses.
Every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment of not more than 90 days, or by both such fine and imprisonment.
§ 113-30. When effective.
A. Except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York, this chapter and any regulations adopted hereunder shall take effect as provided by law.
B. Any part or parts of this chapter and any regulations adopted hereunder which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval in writing is received from the New York State Department of Transportation.
§ 113-31. Severability.
If any article, section, subsection, paragraph, sentence, clause or provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the article, section, subsection, paragraph, sentence, clause or provision thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 113-32. Repealer.
All prior ordinances, regulations and rules, or parts thereof, of this Town regulating traffic and parking are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance, regulation or rule hereby repealed prior to the taking effect of this chapter.
ARTICLE VI
Schedules
§ 113-33. Schedule I: Traffic Control Signals.
In accordance with the provisions of § 113-4, traffic control signals shall be installed at the following described intersections:
Intersection
Clinton Street at State Route 5
Kirkland A venue at State Route 5
Middle Settlement Road at State Route 5
§ 113-34. Schedule II: One-Way Streets.
In accordance with the provisions of § 113-5, the following described streets or parts of streets are hereby designated as one-way streets in the direction indicated:
|
Name of Street |
Direction of Travel |
Limits |
|
Taylor Avenue, Clark Mills |
Southbound |
Middle Street and Pratt Avenue |
§ 113-35. Schedule III: U-Turn Prohibitions.
In accordance with the provisions of § 113-6, no person shall make a U-turn at any of the following locations:
|
Name of Street |
Location |
|
(Reserved) |
|
§ 113-36. Schedule IV: Prohibited Turns at Intersections.
In accordance with the provisions of § 113 – 7, no person shall make a turn of the kind designated below at any of the following locations:
|
Name of Street |
Direction of Travel |
Prohibited Turn |
Hours |
At Intersection of |
|
(Reserved) |
||||
§ 113-37. Schedule V: Prohibited Right Turns on Red Signal.
In accordance with the provisions of § 113-8, no person shall make a right turn when facing a steady red signal (stop indication) at any of the following locations:
|
Name of Street |
Direction of Travel |
Prohibited Right Turn on Red Signal Onto |
|
(Reserved) |
||
§ 113-38. Schedule VI: Stop Intersections.
In accordance with the provisions of § 1l3-9, the following described intersections are hereby designated as stop intersections, and stop signs shall be installed as follows:
|
County, State, Town, including Hamilton College Stop Sign Survey as of 3-17-1999 |
|||
| Type of Street | Stop Sign on | Direction of Travel | At Intersection of |
| HC | Anderson Road | Toward College Hill Road | College Hill Road |
| CO | Arrowhead Way | Toward Brimfield Street | Brimfield Street |
| T | Austin Road | Toward Lumbard Road | Lumbard Road |
| Back drive to shopping center | Toward Franklin Avenue | Franklin Avenue | |
| T | Barker Road | Toward Lumbard Road | Lumbard Road |
| S | Bogusville Hill Road | Toward NYS Route 12B | NYS Route 12B |
| CO | Bogusville Hill Road | Toward Skyline South | Skyline South |
| CO | Bryden Road | Toward Skyline Drive | Skyline Drive |
| HC | Bundy East Driveway | Toward College Hill Road | College Hill Road |
| HC | Bundy West Driveway | Toward College Hill Road | College Hill Road |
| CO | Byron Lane | Toward Kirkland Avenue | Kirkland Avenue |
| Calvin Place | Toward NYS Route 12 | NYS Route 12 | |
| CO | Cambridge Manor entrance | Toward South Street | South Street |
| CO | Campus Road | Toward College Hill Road | College Hill Road |
| S | Carlbrah Road | Toward NYS Route 12B | NYS Route 12B |
| T | Cemetery Road | Toward Bryden Skinner Road | Bryden Skinner Road |
| T | Champion Road | Toward Ernst Road | Ernst Road |
| S | Champion Road | Toward NYS Route 12B | NYS Route 12B |
| CO | Champion Road | Toward Skyline Drive | Skyline Drive |
| CO | Chappleview | Toward Fountain Street | Fountain Street |
| CO | Clark Mills Road | Toward Owls and Clinton Streets | Owls and Clinton Streets |
| CO | Cleary Road | Toward Brimfield Street | Brimfield Street |
| V | Clinton Central School Elm Street parking lot, entrances and exits | Toward Elm Street | Elm Street |
| CO | Coventry Place | Toward Kellogg Street | Kellogg Street |
| CO | Craig Road | Toward Fountain Street | Fountain Street |
| CO | Craig Road | Toward Kellogg Street | Kellogg Street |
| CO | Dawes Avenue | Toward Brimfield Street | Brimfield Street |
| CO | Dawes Avenue | Toward Kellogg Street | Kellogg Street |
| T | Dugway Road | Toward Lumbard Road | Lumbard Road |
| S | Dugway Road | Toward NYS Route 12B | NYS 12B |
| S | Dugway Road | Toward NYS Route 12B | NYS Route 12B wing |
| S | Dwight Avenue | Toward NYS Route 12B | NYS Route 12B |
| T | Elm Street | Toward Norton Avenue | Norton Avenue |
| HC | Entrance to Library | Toward Campus Road Science Buildings | Campus Road |
| T | Ernst Road [Added 10-15-2003 by L.L. No. 4-2003] | Toward Champion Road | Champion Road |
| T | Ernst Road | Toward Upper Reservoir Road | Upper Reservoir Road |
| HC | Faculty, staff and security parking | Toward College Hill Road | College Hill |
| V-T | Fairmeadow Lane | Toward Dwight Avenue | Dwight A venue |
| S | Farmdale Street | Toward NYS Route 5 | NYS Route 5 |
| S | Foote Road | Toward NYS Route 233 | NYS Route 233 |
| CO | Fountainview | Toward Fountain Street | Fountain Street |
| S | Franklin Avenue | Toward NYS Route 12B | NYS Route 12B |
| S | French Road | Toward NYS Route S | NYS Route S |
| S | Furnace Street | Toward NYS Route 12B, Clinton | NYS Route 12B, Clinton |
| S | Furnace Street | Toward NYS Route 12, Deansboro | NYS Route 12B, Deansboro |
| S | Gordon Place | Toward NYS Route 12 | NYS Route 12 |
| S | Grant Road | Toward NYS Route 12B | NYS Route 12B |
| CO | Griffin Road | Toward College Hill Road | College Hill |
| V-T | Harvard Drive | Toward Elm Street | Elm Street |
| V-T | Harvard Drive | Toward University Drive | University Drive |
| S | Hillsdale Drive | Toward NYS Route 233 | NYS Route 233 |
| S | Homewood Drive | Toward NYS Route 12B | NYS Route 12B |
| T | Hoyland Avenue | Toward Pratt Avenue | Pratt Avenue |
| T | Indian Field Road | Toward Foote Road | Foote Road |
| T | Indian Field Road | Toward Indian Field Road | Indian Field Road |
| Jack Boynton Pool Drive | Toward Norton Avenue | Norton A venue | |
| S | Kellogg Street | Toward NYS Route 12 | NYS Route 12 |
| T | Laurel Place | Toward Norton Avenue | Norton Avenue |
| S | Laurel Place | Toward NYS Route 233 | NYS Route 233 |
| T | Lewis Road | Toward Norton Avenue | Norton Avenue |
| S | Limberlost Road | Toward NYS Route SB West | NYS Route SB West |
| S | Limberlost Road (SB) | Toward NYS Route S | NYS Route S |
| S | Limberlost Road East(SB) | Toward NYS Route 12B | NYS Route 12B |
| HC | Loop Road | Toward Campus Road | Campus Road |
| S | Lower Norton Avenue | Toward NYS Route 233 | NYS Route 233 |
| CO | Main Street | Toward Clinton Street | Clinton Street |
| CO | Maple Street | Toward Clinton Street | Clinton Street |
| CO | Martin Drive | Toward NYS Route S | NYS Route S |
| T | Martin Road | Toward South Street | South Street |
| CO | McBride Avenue | Toward Kirkland Avenue | Kirkland Avenue |
| T | McBride Street | Toward Norton Avenue | Norton Avenue |
| HC | McEwen Dining Hall Driveway | Toward College Hill Road | College Hill Road |
| T | Middle Street | Toward French Street | French Street |
| T | Middle Street | Toward Taylor Avenue | Taylor Avenue |
| CO/HC | Miller Road | Toward College Hill Road | College Hill Road |
| T | Miller Road | Toward Griffin Road | Griffin Road |
| CIO | Mill Street | Toward Main Street | Main Street |
| T | Mill Street | Toward Mill Street | Mill Street |
| CO | Mill Street (Clark Mills) | Toward Clinton Street | Clinton Street |
| CO | New Street | Toward Brimfield Street | Brimfield Street |
| CO | New Street | Toward Kellogg Street | Kellogg Street |
| HC | North Road | Toward Campus Road | Campus Road |
| T | North Stafford Circle | Toward Woodcrest | Woodcrest |
| S | Norton Avenue | Toward NYS Route 233 | NYS Route 233 |
| T | Occum Ridge Road | Toward Peck Road | Peck Road |
| T | Old Bourne Drive | Toward end of road | End of road |
| T | Old Bourne Drive | Toward Norton Avenue | N orton Avenue |
| S | Old Bristol Road | Toward NYS Route 233 | NYS Route 233 |
| S | Old Bristol Road | Toward NYS Route 5 | NYS Route 5 |
| CO | Old Kirkland Avenue | Toward Kirkland Avenue North | Kirkland Avenue North |
| CO | Old Kirkland Avenue | Toward Kirkland Avenue South | Kirkland Avenue South |
| T | Old Plank Road [Added 1-23-2002] | From Glenford Estates east toward Old Plank Road | Extension of Old Plank Road and Town Barn driveway |
| T | Old Plank Road, Barn driveway Town | Toward Dwight Avenue | Dwight Avenue |
| T | Peck Road | Toward Bogusville Hill Road | Bogusville Hill Road |
| S | Peck Road | Toward NYS Route 12B | NYS Route 12B |
| ,S | Pelkey Road | Toward NYS Route 12 | Route 12 |
| HC | Peters Lane | Toward College Hill Road | College Hill Road |
| HC | Physical plant entrance | Toward Miller Road | Miller Road |
| T | Pleasant Street [Added 10-15-2003 by L.L. No. 4-2003] | Toward NYS Route 12B | NYS Route 12B |
| S | Post Street | At the intersection of NYS Route 12B | NYS Route 12B |
| CO | Pratt Avenue | Toward Clinton Street | Clinton Street |
| CO | Prospect Street | Toward Clinton Street | Clinton Street |
| CO | Railroad Street | Toward Clinton Street | Clinton Street |
| S | Red Hill Road | Toward NYS Route 12B | NYS Route 12B |
| S | Reservoir Road | Toward NYS Route l2B | NYS Route 12B |
| CO | Reservoir Road West | Toward Skyline Drive | Skyline Drive |
| CO | Reynolds Road | Toward Skyline Drive | Skyline Drive |
| CO | Roberts Road | Toward NYS Route 12B | NYS Route l2B |
| S | Roberts Road | Toward Skyline Drive | Skyline Drive |
| CO | Robinson Road | Toward Kirkland | Kirkland |
| S | Robinson Road | Toward NYS Route l2B | NYS Route l2B |
| T | Rose Lane | Toward White Street | White Street |
| S | Route 233 | Toward NYS Route l2B | NYS Route l2B |
| S | Route 233 | Toward NYS Route 412, Harding | NYS Route 412, Harding |
| S | Route 233 | Toward NYS Route 412, Old Bristol Road | NYS Route 412, Old Bristol Road |
| T | St. Mary’s Avenue | Toward Franklin Avenue | Franklin Avenue |
| T | St. Mary’s Avenue | Toward South Street | South Street |
| T | Sanford Avenue | Toward Norton Avenue | Norton Avenue |
| S | Saunders Road | Toward NYS Route233 | NYS Route 233 |
| T | Sawyer Road | Toward Dugway Road | Dugway Road |
| C | Sawyer Road | Toward Post Street | Post Street |
| CO | Sewer Plant Road | Toward Clinton Street | Clinton Street |
| T | Siedsma Court | Toward Grant Road | Grant Road |
| CO | Snowden Hill Road | Toward Red Hill Road | Red Hill Road |
| CO | Snowden Hill Road | Toward Red Hill Road to New Hartford | Red Hill Road to New Hartford |
| T | South Stafford Circle | Toward Calvin Place | Calvin Place |
| CO | South Street | Toward Fountainview | Fountainview |
| T | South Street | Toward Grant Road | Grant Road |
| CO | Spring Street | Toward Fountain Street | Fountain Street |
| HC | Staff and faculty | Toward Campus Road parking lot | Campus Road |
| S | State Home Drive on Limberlost | Toward NYS Route 5B | NYS Route 5B |
| HC | Striker Lane | Toward Miller Road | Miller Road |
| CO/HC | Stryker Lane | Toward College Hill Road | College Hill Road |
| T | Taylor Avenue | Toward Pratt Avenue | Pratt Avenue |
| T | Toggletown Lane | Toward Toggletown Lane | Toggletown Lane |
| S | Toggletown Road | Toward NYS Route 12B | NYS Route 12B |
| S | Town Barn driveway | Toward NYS Route 12B | NYS Route 12B |
| T | University Circle | Toward Harvard Drive | Harvard Drive |
| T | University Drive | Toward Norton Avenue | Norton Avenue |
| T | Upper Reservoir Road | Toward Bryden Skinner Road | Bryden Skinner Road |
| CO | Upper Reservoir Road | Toward Skyline Drive | Skyline Drive |
| S | Washington Street | Toward NYS Route 233 | NYS Route 233 |
| CO | Washington Street | Toward Norton Avenue | Norton Avenue |
| CO | Welch’s Road | Toward Fountain Street | Fountain Street |
| T | White Street | Toward French Road | French Road |
| CO | White Street | Toward South Street | South Street |
| S | Woodcrest Road | Toward NYS Route 12 | NYS Route 12 |
§ 113-39. Schedule VII: Yield Intersections.
In accordance with the provisions of § 113-10, the following described intersections are hereby designated as yield intersections, and yield signs shall be installed as follows:
|
Yield Sign on
|
Direction of Travel |
At Intersection of |
|
(Reserved) |
||
§ 113-40. Schedule VIII: Trucks Over Certain Weights Excluded.
In accordance with the provisions of § 113 -11, trucks in excess of the weights indicated are hereby excluded from the following streets or parts of streets, except for the pickup and delivery of materials on such streets:
|
Name of Street |
Weight Limit (tons) |
Location |
|
Bristol Road |
5 |
From NYS Route 233 to NYS Route 5 |
|
Dugway Road |
5 |
From the intersection of the westerly terminus of Dugway Road and NYS Route l2B to the intersection of the easterly terminus of Dugway Road and NYS Route 12B |
§ 113-41. Schedule IX: Parking Prohibited at All Times.
In accordance with the provisions of § 113-15, no person shall park a vehicle at any time
upon any of the following described streets or parts of streets:
|
Name of Street |
Side |
Location |
|
Breakaway Lounge |
Both |
NYS Route 12-B |
|
Campus Road [Added 8-11-2003 by L.L. No. 2-2003] |
Both |
From College Hill Road to Loop Road a distance of 2,500 feet on both sides |
|
Campus Road |
Both |
From College Hill Road to North Road (distance of 5 miles) |
|
Clinton Street (Clark Mills) |
Both |
From NYS Route 5 north for plus or minus 1,000 feet |
|
Clinton Street (Clark Mills) |
East |
From Clark Mills Road to Prospect Street |
|
Clinton Street (Clark Mills) |
East |
From Pratt Avenue to the United States Post Office (33 Clinton Street) |
|
Clinton Street (Clark Mills) [Added 2-26-2003 by L.L. No. 1-2003; amended 2-23-2009 by L.L. No. 1-2009] |
West |
In front of the Methodist Church, commencing 75 feet southerly of the intersection of Mill Street, thence southerly for a distance of 400 feet (except for handicapped parking zone in front of Methodist Church for 88 feet as set forth in § 113-51.1) |
|
Dugway Road |
Both |
From the intersection of Sawyer Road to the second bridge at the intersection of Lumbard Road |
|
Griffin Road |
East |
From College Hill Road to Millers Road |
|
Kirkland Avenue |
East |
From Norton Avenue to a point 150 feet north of McBride Avenue |
|
Kirkland Avenue |
West |
From Norton A venue to a point 1,250 feet northerly therefrom |
|
Laurel Place |
Both |
Entire length |
|
Lutheran Home |
Both |
NYS Route 12-B |
|
McBride Avenue |
South |
From Kirkland Avenue to the corporation limits of the Village of Clinton |
|
Norton Avenue |
South |
From the corporation limits of the Village of Clinton to Elm Street |
|
Post Street [Added 8-11-2003 by L.L. No. 2-2003] |
Both |
From NYS Route 12B thence southerly a distance of 2,500 feet on both sides |
|
South Street (Clark Mills) |
Both |
At the exit to Clark Mills Fire Department driveway |
|
South Street (Clark Mills) |
North |
Extending westward a distance of 190 feet from a point of beginning (said point being westward 183 feet westerly of the west side of the Oriskany Creek Bridge) |
|
South Street (Clark Mills) |
South |
Extending westward for a distance of 210 feet from the intersection of White Street and South Street |
|
Taylor Avenue (Clark Mills) |
Southeast |
Entire length |
|
Westmoreland Road (Clark Mills) |
|
To the intersection of Clark Mills Road |
|
White Street (Clark Mills) |
East |
In front of St. Mark’s Episcopal Church |
§ 113-42. Schedule X: No Stopping.
In accordance with the provisions of § 113-16, no person shall stop a vehicle upon any of the
following described streets or parts of streets:
|
Name of Street |
Side |
Location |
|
Clinton Street [Added 2-26-2003 by L.L. No. 1-2003] |
East |
Commencing at a point perpendicular to the southerly intersection of Mill Street, thence southerly for a distance of 400 feet |
|
McBride Avenue |
South |
From Kirkland A venue to the corporation limits of the Village of Clinton |
|
Norton Avenue |
South |
From the corporation limits of the Village of Clinton to Elm Street |
§ 113-43. Schedule XI: No Standing.
In accordance with the provisions of § 113-17, no person shall stand a vehicle upon any of the
following described streets or part of streets:
|
Name of Street |
Side |
Location |
|
Campus Road |
Both |
From College Hill Road to North Road |
|
Campus Road [Added 8-11-2003 by L.L. No. 2-2003] |
Both |
From College Hill Road to Loop Road a distance of 2,500 feet on both sides |
|
Clinton Street (Clark Mills) [Added 2-26-2003 by L.L. No. 1-2003] |
East |
Commencing at a point perpendicular to the southerly intersection of Mill Street, thence southerly for a distance of 400 feet |
|
McBride Avenue |
South |
From Kirkland Avenue to the corporation limits of the Village of Clinton |
|
Norton Avenue |
South |
From the corporation limits of the Village of Clinton to Elm Street |
|
Taylor Avenue (Clark Mills) |
Southeast |
Entire length from November 1 to April 1 |
§ 113-44. Schedule XII: Parking Prohibited Certain Hours.
In accordance with the provisions of § 113-18, no person shall park a vehicle between the
hours listed upon any of the following described streets or parts of streets:
|
Name of Street
|
Side |
Hours/Days |
Location |
|
Clinton Street (Clark Mills) |
[Repealed 2-26-2003 by L.L. No. 1-2003] |
||
|
Taylor Avenue (Clark Mills) |
Southeast |
From November 1 to April 1 |
Entire length |
§ 113-45. Schedule XIII: No Stopping Certain Hours.
In accordance with the provisions of § 113-19, no person shall stop a vehicle between the
times specified upon any of the following described streets or parts of streets:
|
Name of Street |
Side |
Hours/Days |
Location |
|
(Reserved) |
|||
§ 113-46. Schedule XIV: No Standing Certain Hours.
In accordance with the provisions of § 113-20, no person shall stand a vehicle between the
times specified upon any of the following described streets or parts of streets:
|
Name of Street |
Side |
Hours/Days |
Location |
|
(Reserved) |
|||
§ 113-47. Schedule XV: Time Limit Parking.
In accordance with the provisions of § 113-21, no person shall park a vehicle for longer than
the time limit shown upon any of the following described streets or parts of streets:
|
Name of Street |
Side |
Time Limit; Hours/Days |
Location |
|
(Reserved) |
|||
§ 113-48. Schedule XVI: Angle Parking.
In accordance with the provisions of § 113-22, no person shall park vehicle upon any of the
streets or parts thereof described below, except at the angle designated:
|
Name of Street |
Side |
Angle (degrees) |
Location |
|
(Reserved) |
|||
§ 113-49. Schedule XVII: Loading Zone.
In accordance with the provisions of § 113-23, the following described locations are hereby
designated as loading zones:
|
Name of Street |
Side |
Location |
|
(Reserved) |
||
§ 113-50. Schedule VXIII: Taxi Stands.
In accordance with the provisions of § 113-24, the following described locations are hereby
designated as taxi stands:
|
Name of Street |
Side |
Location |
|
(Reserved) |
||
§ 113-51. Schedule XIX: Bus Stop.
In accordance with the provisions of § 113-25, the following described locations are hereby designated as bus stops, as established by the Utica Transit Commission, Village of Clinton, and the Town of Kirkland, and the following locations:
|
Name of Street |
Side |
Location |
|
Utica Street (NYS Route 12B) |
East |
Lutheran Home |
§ 113-51.1. Schedule XX: Handicapped Parking. [Added 11-15-2006 by Res. No. 61]
In accordance with the provisions of § 113-25.1, the parking of vehicles is restricted to the use of handicapped persons at the following locations:
|
Name of Street |
Side |
Location |
|
Clinton Street [Added 2-23-2009 by L.L. No. 1-2009] |
West |
In front of the Methodist Church commencing 75 feet southerly of the intersection of Mill Street, thence southerly for a distance of 88 feet |
|
Mill Street |
North |
A fifty-five-foot handicapped parking zone, with the zone to start 90 feet westerly from the intersection of Mill Street and Clinton Street in Clark Mills |
§ 113-52. Temporary closing of roads.
Pursuant to § 1660 of the Vehicle and Traffic Laws of the State of New York, certain Town roads or portions thereof may be temporarily closed to any vehicles with a gross weight (truck plus load) in excess of six tons. During the spring months, certain Town roads or portions thereof may be temporarily closed to vehicles with a gross weight (truck plus load) in excess of six tons in order to prevent damage to or destruction of the Town Roads.
A. Section 1660 Vehicle and Traffic Law. Pursuant to § 1660 of the Vehicle and Traffic Laws of the State of New York, certain Town roads or portions thereof may be temporarily closed to any vehicles with a gross weight (truck plus load) in excess of six tons.
B. Temporary closing of certain Town roads. During the spring months, certain Town roads or portions thereof may be temporarily closed to vehicles with a gross weight (truck plus load) in excess of six tons in order to prevent damage to or destruction of the Town roads.
C. Period of temporary restrictions. The temporary restrictions shall go into effect on March 1 of each year or when notices are posted on the roads, whichever shall first occur, and shall continue until May 15 of each year or until time as conditions will permit opening, whichever shall last occur.
D. Weight restrictions. Vehicles with a gross weight exceeding six tons shall not be allowed to travel over and on the Town roads which are posted pursuant to this local law without a prior valid permit issued by the Highway Superintendent of the Town of Kirkland.
E. Permits for essential pickup and delivery service. Vehicles with a gross weight exceeding six tons which are providing essential pickup and delivery service may make application to the Highway Superintendent of the Town of Kirkland for permission to travel over and on the Town roads which are posted pursuant to this notice.
ARTICLE I
General Provisions
§ 118-1. Purpose.
This chapter is enacted for the following purposes:
A. To minimize or lessen congestion in the streets.
B. To secure from fire, flood, panic and other hazards.
C. To provide adequate light and air.
D. To prevent overcrowding of the land.
E. To prevent undue concentration of population.
F. To minimize conflicts from incompatible uses.
G. To provide a variety of use districts within the Town to retain the historic settlement pattern of the community, and accommodate a diversity of residential densities and types.
H. To facilitate the adequate and efficient provision of transportation, water, sewerage, stormwater management, schools, parks and other service requirements.
I. To encourage the most appropriate use of the land based on its natural characteristics.
J. To protect important natural and scenic resources such as lakes, streams, wetlands, aquifers, historic sites and agricultural areas.
K. To preserve the quality of natural resources, including air, water, soil, vegetation and wildlife.
L. To maintain and enhance the rural character of the Town.
M. To promote health and the general welfare.
N. To conserve the value of buildings.
O. To provide compliance and consistency with the laws of New York as may supersede this chapter and the powers of the various Town organizations and institutions charged with overseeing and carrying out the purposes and powers of this chapter.
§ 118-2. Definitions and word usage.
A. Word usage. Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future tense; words in the singular number include the plural, and the plural the singular. The word “lot” includes the word “plot.” The word “shall” is intended to be mandatory. The word “building” includes the word “structure.” The word “occupied” or the word “used” shall be considered as though followed by “or intended,” “arranged” or “designed to be used or occupied.” The word “person” includes individual, partnership, association, corporation, company or organization. Doubt as to the precise meaning of any word used in this chapter shall be clarified by the Zoning Board of Appeals under its power of interpretation by appeal.
B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABOVEGROUND TANK – Any stationary tank, which is not entirely covered with earth or other backfill material.
AGRICULTURE – The raising for profit/gain of fruits, grains, vegetables and the like and structures incident thereto but not including the raising or keeping of animals. “Agriculture,” as defined in this chapter, does not include all of the uses defined as agricultural uses in New York’s Agriculture and Markets Law.
AIRPORT – A facility for the landing, takeoff, storage and repair of fixed-wing and rotary-wing aircraft.
ALLEY – A service way which affords generally a secondary public means of vehicular access to abutting property.
ALTERATION – Any change to a structure which IS not merely a repair or replacement of an existing part or any change which would:
(1) Enlarge or diminish the livable floor area of the structure or any part thereof.
(2) Change the number of dwelling units contained in any structure.
(3) Cause a change in the location of height of the exterior walls or roof of the structure.
(4) Move the structure from one position to another.
(5) Change any exit or entry facilities.
(6) Change or rearrange the structural parts, including bearing walls, beams, girders and columns.
(7) Change a use.
AMUSEMENT FACILITY – Indoor facilities open to the public such as a theater, cinema or video arcade, ice skating, roller skating, racquet sports and bowling.
APPLICANT – A property owner or agent of a property owner who has filed an application for a land development activity.
AQUIFER – A geologic formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield adequate quantities of groundwater to the wells.
AQUIFER RECHARGE AREA – The surface and subsurface land areas that collect precipitation or surface water and transmit this water to an aquifer.
AUTOMOBILE BODY SHOP – Any area for repair or alteration of the frame or body of automobiles.
AUTO/TRAILER SALES AND RENTAL – An open area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or trailers and where no repair work is done except minor incidental repair of vehicles to be displayed, sold or rented on the premises.
BASEMENT – A space of a full story height below the first floor which IS not designed or used primarily for year-round living accommodations.
BED-AND-BREAKFAST – A home occupation in which an overnight accommodation is provided, the rates for which include breakfast and lodging only.
BUILDING – Any roofed structure intended for the shelter, housing or enclosure of persons, animals or chattels. When a building is divided into separate parts extending from the ground up, each part so divided is deemed a separate building.
BUILDING AREA – The total ground area of each building, exclusive of uncovered porches, parapets, steps and terraces. See Appendix A, Typical Building Area Plan.’
BUILDING COVERAGE – That percentage of the lot area covered by the building area.
BUILDING OR USE, ACCESSORY – A building or use subordinate or supplemental to the main building or use on the same lot.
BUILDING TRADE SHOP – An establishment for use by the practitioner of a building trade such as a carpenter, welder, plumber, electrician, builder, mason or similar occupation.
BUSINESSIPROFESSIONAL OFFICE – A building or portion of a building wherein services are performed involving administrative, professional or clerical operations.
CAMP – Any area designated for temporary use by a trailer, vehicle, cabin or other similar shelter designed and intended for seasonal use.
CAR WASH – An area of land and/or a structure with machine or hand-operated facilities used principally for the cleaning, washing, polishing or waxing of motor vehicles.
CELLAR – An area wholly or partly below grade and having less than 112 of its clear floor-to-ceiling height above the average grade of the adjoining ground.
CEMETERIES – Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CHANNEL – A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING – Any activity that removes the vegetative surface cover.
COMMERCIAL RECREATION – Outdoor facilities, operated as a business and open to the public with facilities for uses such as horseback riding, swimming, golf courses, driving ranges, miniature golf and outdoor and open air live theater.
CONSERVATION – The use of land in its natural state or improved with trails or resource management programs that do not significantly alter its natural state.
CONSTRUCTION YARD – Facility or area for storage, open or enclosed, for construction equipment or materials.
CONVENIENCE STORE – Any retail establishment offering for sale gasoline, prepackaged food products, household items and other goods commonly associated with the same and which has a gross floor area of less than 5,000 square feet.
DAY CARE-
(1) CHILD DAY-CARE PROGRAM – A program providing child care as defined in NYCRR, Section 418.2
(2) DAY-CARE CENTER – A program or facility in which care is provided on a regular basis to more than six children for more than three hours per day per child.
(3) DAY-CARE HOMES –
(a) GROUP FAMILY DAY-CARE HOMES – A family home which is a personal residence and occupied as a family residence which provides child day care to seven to 12 children, as defined in NYCRR, Section 416.3
(b) FAMILY DAY-CARE HOMES – A family home which is a personal residence and occupied as a family residence which provides child day care on a regular basis for more than three hours a day to three to six children, as defined in NYCRR, Section 417.4
(4) SCHOOL-AGE CHILD-CARE PROGRAM – Care provided on a regular basis to seven or more children under 13 years of age, or who are incapable of caring for themselves where such children attend school or kindergarten. “School-age child-care program” means a program providing school-age child care as defined in NYCRR, Section 414.5
(5) SMALL DAY-CARE CENTER – A program or facility which is not a personal residence in which care is provided to three through six children for more than three hours per day per child. “Child day-care program” means a program providing child care as defined in NYCRR, Section 4l8(g).6
DEDICATI0N – The deliberate appropriation of property from its owner by a municipality for general public use.
DENSITY – The total number of dwelling units proposed, divided by the total number of acres within the tract.
DESIGN MANUAL – The New York State Stormwater Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER – A person or entity which undertakes land development activities. DISPOSAL – The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste, radioactive material, hazardous waste, or wastewater into or on any land or water so that such solid waste, radioactive material, hazardous waste, or wastewater will remain on the land or water and will not be removed.
DOWN GRADIENT – Portions of a lot defined by areas of lower land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up gradient areas) to areas of lower elevation (downgradient areas). See definition for “up gradient. ”
DRIVEWAY – A private way for vehicular traffic which affords the principal means of vehicular access to the property, which complies with the regulations of the Town of Kirkland, County of Oneida or State of New York, and for which a permit has been issued by the Town.
DUMP – Any area used for disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind. A dump does not include a landfill.
DWELLING, MULTIPLE- F AMILY – A structure, or group of structures, containing three or more dwelling units physically connected by a common wall and/or roof. This includes condominiums, townhouses and cooperatives.
DWELLING, SINGLE-F AMILY – A detached structure, other than a mobile home or other temporary structure, containing one dwelling unit.
DWELLING, TWO-F AMILY – A detached structure, other than a mobile home or other temporary structure, containing two dwelling units.
DWELLING UNIT – One or more rooms with provisions for complete living, including sanitary and sleeping facilities, for year-round use by one family.
EARTH REMOVAL/EXCAVATION – The removal of earth products from a lot, including but not limited to sand, gravel, soil, loam and mineral products, including mining as defined by New York State law. The removal of earth products which is incidental to and in connection with the necessary excavation and grading of a site for a building or structure and its appurtenant driveways or parking facilities for which a permit has been granted by the Building Inspector; or the construction of a street approved under Chapter 103, Subdivision of Land, shall not be considered as earth removal for the purposes of this provision.
EDUCATIONAL – Use of land, building and structures for providing learning in a general range of subjects, including related support and accessory uses, associated with the educational purpose of the institution, on land owned or leased by the state or any of its agencies, subdivisions or bodies politic; or by a bona fide religious sect or denomination; or by a nonprofit educational entity.
ENVIRONMENTAL IMPACT STATEMENT A written document prepared in accordance with 6 NYCRR 617.14.
EROSION CONTROL MANUAL The most recent version of the “New York Standards and Specifications for Erosion and Sediment Control” manual, commonly known as the “Blue Book.”
FAMILY – A single person; two or more persons related by blood or marriage; or one or more persons acting as parental guardians for other household occupants.
FARM – Any parcel of land containing not less than 10 acres which is used for gain in raising agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, dog kennels and hog farms.
FAST FOOD – An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service; prepared, fried or griddled quickly; or heated in a device such as a microwave oven. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers.
FERTILIZED VEGETATION – Areas of vegetation being cultivated by humans that require the application of fertilizers, pesticides or other substances in order to grow or maintain its existence.
FERTILIZER – Any commercially produced mixture that contains phosphorus, nitrogen, and/or potassium, which is applied to the ground to increase nutrients to plants.
FINANCIAL – Bank, loan agency or similar facility.
FLOODPLAIN – Any area adjacent to a water body which is subject to inundation from high water and/or wave action and, at a minimum, that area subject to a one-percent-or-greater chance of flooding in any given year. All areas designated as special flood hazard zones by the Federal Insurance Administration’s Official Map for the Town shall be considered as “floodplain” areas. Further determination of the extent or existence of floodplains shall be based on the best available information, including but not limited to United States Army Corps of Engineers floodplain studies, United States Department of Agriculture Soil Conservation Service studies, soils, vegetation, hydrologic and geologic data.
FUNERAL HOME – A building or part thereof used for human funeral services.
(1) Such building may contain space and facilities for:
(a) Embalming and the performance of other services used in preparation of the dead for burial;
(b) The performance of autopsies and other surgical procedures;
(c) The storage of caskets, funeral urns and other related funeral supplies; or
(d) The storage of funeral vehicles, but shall not include facilities for cremation.
(2) Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE, COMMERCIAL – A building or premises used for the repair and/or servicing of motor vehicles (excluding body and fender work) and/or for the retail sale of fuel for such vehicles.
GARAGE, PRIVATE – A building or enclosure primarily designed or used for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, STORAGE – A building or part thereof used only for the storage of vehicles for gain, and at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
GASOLINE STATION – Any area of land, including structures thereon, that is used or designed to be used for the sale of gasoline or oil or other motor vehicle fuel and which may include facilities for lubricating, washing, cleaning or otherwise servicing motor vehicles, but not including the painting or major repair thereof by any means.
GENERAL SERVICES – Establishments providing services to the general public or to business establishments such as telephone answering, word processing or secretarial services; computer service bureaus; facilities for music instruction; facilities for repair of appliances, office equipment, bicycles, lawn mowers or similar equipment; barbershop; laundry or dry cleaning; and similar services.
GRADING – Excavation or fill of material, including the resulting conditions thereof.
GROUND FLOOR AREA _. The floor area included within the exterior faces of exterior walls, exclusive of garages and open porches.
GROUNDWATER – All the water found beneath the surface of the land and present in aquifers and aquifer recharge areas.
HAZARDOUS SUBSTANCE – Any substance listed as a hazardous substance in 6 NYCRR Part 597, List of Hazardous Substances, or a mixture thereof.
HAZARDOUS WASTE – A waste, or combination of wastes, which are identified or listed as hazardous pursuant to 6 NYCRR Part 371, Identification and Listing of Hazardous Wastes. Hazardous waste, because of its quantity, concentration, or physical, chemical, or infectious characteristics poses a significant hazard to human health or safety if improperly treated, stored, transported, disposed of, or otherwise managed.
HEIGHT, BUILDING – The vertical distance measured from the average level of the proposed finished grade across the front of the building to the ridgeline of the roof of the structure.
HERBICIDES Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
HOME OCCUPATION – An occupation or profession carried on wholly within a dwelling unit or an accessory structure (use) by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes.
HOSPITAL – As defined by Public Health Law § 2801, Subdivision 1, “hospital” means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including but not limited to a general hospital, public health center, diagnostic center, treatment center, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, lying-in asylum, outpatient department, outpatient lodge, dispensary and a laboratory or central services facility serving one or more such institutions. The term “hospital” shall not include an institution, sanatorium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the Department of Mental Hygiene, except for those distinct parts of such a facility which provide hospital service.
HOTEL, INN or MOTEL – A structure or group of structures providing transient lodging accommodations and accessory uses, such as feeding, parking, selling of beverages and notions to the general public.
HUMAN EXCRETA – Human feces and urine.
IMPERVIOUS COVER – Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT – A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION – The process of percolating stormwater into the subsoil.
JUNKYARD, AUTOMOBILE –
(1) Any place of storage or deposit, whether in connection with another business or not, where two or more unregistered, old or secondhand motor vehicles, no longer intended or in condition for legal use on the public highways, are held, whether for the purpose of resale of used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein, whether metal, glass, fabric or otherwise, for the purpose of disposing of the same or for any other purpose.
(2) Such term shall include any place of storage or deposit for any such purpose of used parts or waste materials from motor vehicles which, taken together, equal in bulk two or more such vehicles; provided, however, that the term “junkyard” shall not be construed to mean an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes.
(3) “Auto wrecking” is the dismantling or disassembling of used motor vehicles or the storage, sale, salvaging or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.
(4) As used herein, the term “vehicle” shall mean passenger-type automobile truck, tractor-truck, trailer, bus, motorcycle, snowmobile or other vehicle, however propelled, as well as tractors, bulldozers, machinery and similar equipment.
JUNKYARD, GENERAL – A lot, land or structure, or part thereof, used for the collecting and storage of wastepaper, rags, scrap metals, used or salvaged building materials or other discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles.
KENNEL – An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
LAND DEVELOPMENT ACTIVITY Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDFILL – Any area for the depositing of refuse in a natural or man-made depression or trench, or dumping at ground level, compacting to the smallest practical volume, and covering with earth in a systematic and sanitary manner.
LANDOWNER – The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
LAUNDERETTE – A business that provides home-type washing and drying machines for hire to be used by customers on the premises.
LODGE or CLUB – A facility, excluding overnight lodging facilities, used by a noncommercial, not-for-profit organization (as defined by the Internal Revenue Service) which is characterized by formal written membership requirements.
LOT – A parcel of land considered as a unit, occupied or capable of being occupied by one building, with or without accessory buildings or uses, or by a group of buildings united by a common use or interest; and including such open spaces, including parking and loading, as are required by this chapter; and having its principal frontage upon a street or an officially approved place.
LOT AREA – The total horizontal area included within lot lines, except that no part of the area within a public right-of-way may be included in the computation of lot area.
LOT, CORNER – A lot abutting upon two or more streets at their intersection and having an interior angle at the corner of intersection of less than 135°.
LOT COVERAGE – The percentage of the lot area covered by the building area and paving.
LOT DEPTH – The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
LOT FRONT AGE – That portion of the lot abutting the street line; in the case of a lot that abuts more than one street, the owner may designate either street line as the lot frontage.
LOT, INTERIOR – A lot bounded by a street on one side only.
LOT, THROUGH – A lot having frontage on two approximately parallel or converging streets.
LUMBERYARD – A facility for the open or enclosed storage and sale of building materials.
MAINTENANCE AGREEMENT – A legally recorded document which places restrictions on the use or enjoyment of real property (e.g., deed restrictions), and which provides for long-term maintenance of stormwater management practices.
MANUFACTURING – A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but confines disturbing smoke, fumes, dust, chemical discharge and noise to the premises; and is not hazardous to abutters because of potential fire, explosion or radiation.
MANUF ACTURING, LIGHT – A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but confines disturbing smoke, fumes, dust, chemical discharge and noise to the premises; and is not hazardous to abutters because of potential fire, explosion or radiation.
MANURE – Animal feces and urine.
MOBILE HOME – A movable or portable unit, including but not limited to a trailer designed and constructed to be towed on its own chassis and connected to utilities. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity, as well as two or more separately towable components designed to be joined into one integral unit ‘capable of being again separated into the components for repeated towing. “Mobile home” shall mean units designed to be used exclusively for residential purposes, excluding travel trailers.
MOBILE HOME PARK – Any area which has been planned and improved with provisions for utilities and sanitary service for the placement of two or more mobile homes.
MODULAR HOME – A living unit designed only for erection or installation on a site-built permanent foundation and not designed to be moved once erected on such foundation and designed and manufactured in compliance with the New York State Building Construction Code.
MUNICIPAL – Use of land, building and structures by the Town of Kirkland, Village of Clinton and other governmental bodies.
MUNICIPAL WELL – One of any groundwater wells operated by the Village of Clinton for the purpose of providing a public water supply.
NATURAL VEGETATION – Existing and naturally occurring indigenous vegetation, which grows and is maintained without need of applications of fertilizers, pesticides or other chemical substances.
NONPOINT SOURCE POLLUTION – Pollution from any source other than from any discernible, confined, and discrete conveyances, including but not be limited to pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
NURSING HOME – An extended or intermediate care facility licensed by the New York State Department of Health to provide full-time convalescent or chronic care of persons with or recuperating from illness or incapacity, where nursing services are furnished, or for the accommodation and care of persons of advanced age.
ON-SITE CONSUMPTION – The use of petroleum to heat or cool a residential or nonresidential structure or to operate machinery necessary for agricultural activities. On-site consumption does not include the on-site use of petroleum for processing or manufacturing activities or the sale or distribution of petroleum for or into vehicles, except vehicles used for agricultural operations on that site,
PARKING LOT – An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.
PARKING SPACE – An off-street space available for the parking of one or more motor vehicles and having an area of not less than 162 square feet for each vehicle, exclusive of passageways and driveways thereto, and having direct access to a street or alley.
PEST – Any insect, rodent, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law § 33-0101.
PESTICIDE – Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq.
PET WASTE – The manure/feces from domesticated animals and household pets that are typically not associated with agricultural uses. Pets may include but are not limited to dogs, cats, rabbits, birds, rodents, reptiles, or other small animals.
PETROLEUM – Any petroleum-based oil which is liquid at 200 C. under atmospheric pressure and has been refined, rerefined, or otherwise processed for the purpose of being burned as a fuel to produce heat or usable energy, or which is suitable for use as a motor fuel or lubricant in the operation or maintenance of an engine. Waste oil which has been reprocessed or rerefined and which is being stored for sale or use as a fuel or lubricant is considered petroleum for purposes of this chapter.
PHASING – Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
PLOT – A parcel of land consisting of one or more lots or portions thereof, which is described by reference to a recorded plat or by metes and bounds.
POLLUT ANT OF CONCERN – Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT – Land development activity.
PUBLIC UTILITIES – Facilities for the generation and transmission of gas, electricity and electronic communications licensed by state and federal regulatory agencies.
PUBLIC WATER or PUBLIC SEWER – A water or sewerage system which is owned and operated by a government authority or by a utility company; or a sewer district adequately controlled by a government authority.
PUBLISHING and PRINTING – Publishing and/or printing services, provided that all operations shall confine disturbing smoke, fumes, dust, chemical discharge and noise to the premises.
RADIATION – Ionizing radiation; that is, any alpha particle, beta particle, gamma ray, x-ray, neutron, high-speed proton, and any other atomic particle producing ionization, not including any sound or radio wave, or visible, infrared, or ultraviolet light.
RADIOACTIVE MATERIAL – Any material in any form that emits radiation spontaneously.
RECHARGE – The addition of water to an aquifer or to a pumping well; the replenishment of underground water reserves; also, the amount of water added to an aquifer or a pumping well. Recharge is typically expressed as a rate, e.g., inches per year or gallons per day.
RELIGIOUS – A tax-exempt institution where religious worship is conducted. RESEARCH AND TESTING – Investigation and/or testing of goods and/or equipment, provided that all operations shall confine disturbing smoke, fumes, dust, chemical discharge and noise to the premises.
RESTAURANT (MAJOR) – An establishment with a gross floor area of more than 2,500 square feet (including drive-in and fast-food restaurants) where food and beverages are sold within a building to customers for consumption at a table or counter, on a patio or off the premises as carry-out orders.
RESTAURANT (NEIGHBORHOOD) – An establishment with a gross floor area of 2,500 square feet or less (excluding drive-in or fast-food restaurants) where food and beverages are sold within a building to customers for consumption at a table or counter, on a patio or off the premises as carry-out orders.
RETAIL STORE (MAJOR/CONVENIENCE) – An establishment engaged in displaying and selling goods or merchandise within a building (with a gross floor area of more than 2,500 square feet) to the general public or to business establishments, which goods or merchandise are not intended for resale; except that a garden center, florist or commercial greenhouse may have open air display of horticultural products, and that other open air storage or displays may be allowed with a special permit from the Planning Board.
RETAIL STORE (NEIGHBORHOOD) – An establishment engaged in displaying and selling goods or merchandise within a building (with a gross floor area of 2,500 square feet or less) to the general public or to business establishments, which goods or merchandise are not intended for resale.
ROOMING HOUSE – A structure that contains rooms that are offered for rent, for more than two but less than 10 persons, including tourist homes.
SECONDARY CONTAINMENT – A structure which prevents any materials that have spilled or leaked from primary containment structures, such as piping, tanks or other containers, from reaching the land surface or any water body.
SEDIMENT CONTROL – Measures that prevent eroded sediment from leaving the site.
SELF STORAGE – A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer’s goods or wares.
SENSITIVE AREAS – Cold-water fisheries, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SEPT AGE – The contents of a septic tank, cesspool, or other individual wastewater treatment works, which receives domestic sewage wastes.
SIGN – Any device affixed to or painted or represented directly or indirectly upon a building, structure or land and which directs attention to an object, product, place, activity, person, institution, organization or business, but not including any official traffic control device. Each display surface shall be considered to be a “sign.”
SIGN, ADVERTISING – A sign which directs attention to a business, commodity, service or entertainment sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS – A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING – Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a flashing sign.
SLOPE – The degree to which the land is inclined, determined by the ratio of horizontal change in distance to vertical change in height. This may be expressed as a percent, in degrees or as a simple ratio.
SLUDGE – The solid, semisolid or liquid waste generated from a waste processing facility, not including the liquid stream of effluent.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 – A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards.
SPILL Any escape of a hazardous substance or petroleum from the primary containers used in the normal course of storage, transfer, processing, or use.
STABILIZATION – The use of practices that prevent exposed soil from eroding. STABLE, PRIVATE – An accessory building in which one or more horses or ponies are kept for private use and not for hire, remuneration or sale.
STABLE, PUBLIC – A building or land where horses are kept for remuneration, hire, sale, boarding, riding or show.
STOP- WORK ORDER – An order issued which requires that all construction activity on a site be stopped.
STORMWATER – Rainwater, surface runoff, snowmelt and drainage.
STORMW ATER HOTSPOT – A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMW ATER MANAGEMENT – The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT PRACTICES (SMPS) – Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) – A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF Flow on the surface of the ground, resulting from precipitation.
STORY – That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF – That part of a building located wholly or partly within the roof frame, said part having a ceiling height of five feet or more for any area not exceeding 112 the floor area of the -story below or in which not more than 2/3 of the floor area is finished off as rooms.
STREET – A public road which affords the principal means of vehicular access to the abutting property, whether designated as street, highway, thoroughfare, parkway, thruway, road, avenue, boulevard, lane or place which has been dedicated to the Town of Kirkland or is designated highway or road of the County of Oneida or the State of New York, which meets the regulations and specifications of and is between the right-of-way lines of the respective municipality, county or state.
STRUCTURE – Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SURFACE WATERS OF THE STATE OF NEW YORK – Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
TIMBER HARVESTING – The selective cutting and removal of forest products on any parcel of land but not including clear-cutting, clearing of land associated with a valid building permit or future development, provided that all activity shall be in accordance with New York State laws.
TOURIST HOME – A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRA VEL TRAILER – A unit for an individual or a family group designed for highway transportation behind or on top of another vehicle, which travel unit provides partial housekeeping facilities for short-time outdoor living.
TRUCK TERMINAL – A building or area in which freight brought by truck is assembled and/or stored for routing or reshipment, or in which semitrailers, including tractor and/or trailer units and others trucks, are parked or stored.
UNDERGROUND TANK – Any tank completely covered with earth or other backfill material.
UPGRADIENT – Portions of a lot defined by areas of higher land surface elevation with respect to the elevation of other portions of the same lot. In general, groundwater flows from areas of higher elevation (up gradient areas) to areas of lower elevation (downgradient areas). See definition for “downgradient.”
USE, ACCESSORY – An activity or structure on the same lot with the principal use which is incidental or subordinate to the principal use.
USE, NONCONFORMING – A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
USE, PERMITTED – A use specifically allowed in a particular land use district.
USE, PRINCIPAL – An activity, or structure in which the activity is conducted, which is the primary intended or designed use of the lot and/or structure.
USE, SPECIAL – A use which is not allowed in a particular land use district as stated in this chapter. Such uses will only be allowed upon approval of the Zoning Board of Appeals and must conform to appropriate and stated conditions.
VARIANCE – Any relaxation of the terms of this chapter, either for a use or area requirement, based on the property owner’s practical difficulty or unnecessary hardship in meeting the strict letter of such terms, which is granted by the Zoning Board of Appeals after review and evaluation against established criteria.
VETERINARY – A facility where animals are given medical or surgical treatment and where boarding of animals is limited to short-term care incidental to the medical or surgical treatment. Such facility shall be completely enclosed, air conditioned and soundproofed.
WAREHOUSE – A building used to store or hold goods or materials for use ill assembly or manufacturing or for future transmission of said goods or materials to another location.
WATERCOURSE – A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
W ATER WAY – A channel that directs surface runoff to a watercourse or to the public storm drain.
WETLAND – Any area where water is at or near the surface of the ground each year to promote the formation of hydric soils or hydrophytes (water-loving plants).
YARD – An open space on the same lot with a building, unoccupied or unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT – The yard across the full width of the lot facing the street, extending from the front line of the building to the road right-of-way.
YARD, REAR – The yard across the full width of the lot opposite the front yard, extending from the rear line of the building to the rear property line. The rear yard of a corner lot is the yard opposite the selected front yard. A rear yard shall be open and unoccupied space, except for accessory buildings.
YARD, SIDE – The yard between the sideline of the building and the adjacent side property line and extending from the front yard to the rear yard.
§ 118-3. Interpretation of provisions.
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of public health, safety and general welfare. When this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires larger open spaces or makes any other greater requirement than is imposed or required by any other ordinance, rule or regulation or by easements, covenants or agreements, the provisions of this chapter shall govern. In addition, any use not specifically listed in this chapter is hereby not permitted.
§ 118-4. Effect of state law.
Should any law in New York supersede and/or take precedence over any of the provisions of this chapter, the remaining provisions shall remain valid and in full force and effect, and in applying any New York law which may supersede the provisions of this chapter, the purposes of this chapter shall be complied with to such extent as may be practical and appropriate without being inconsistent with the laws of New York.
ARTICLE II
Districts and Boundaries
§ 118-5. Enumeration of districts.
For the purposes of this chapter, the Town of Kirkland is hereby divided into the following types of districts:
R-R
Rural Residential District
R-TC
T own Center Residential District
R-M
Mobile Home Residential District
P-C
Planned Campus District
C
Commercial District
I
Industrial District
P-D
Planned Development District
O-AC
Agriculture Conservation Overlay District
O-RC
Resource Conservation Overlay District
WPOD
Wellhead Protection Overlay District
§ 118-6. District objectives.
The objectives of the specific zoning districts are as follows:
A. R-R Rural Residential District: to maintain active farming areas while providing for low- to moderate-density housing development. The goal is to maintain farmland, open spaces and the general rural character of these areas of the Town. Another aim is to protect sensitive environmental resources, including groundwater and surface water supplies, and erodible soils; to maintain traffic flow and safety by minimizing driveway cuts onto existing roads; and to protect scenic vistas. Allowable residential uses include single- and two-family structures. Development patterns and densities are based upon the carrying capacity of the land. Support retail (e.g., farm stands) are also allowed.
B. R- TC Town Center Residential District: to provide for moderate- to high-density residential uses close to existing services and population centers. The goal is to concentrate residential development in the inner Town center and the hamlets while leaving the outlying areas of the Town rural. In this way, the Town can grow without becoming suburbanized, and agriculture, open space and environmental resources will be protected. Allowable residential uses include single- and two-family structures. Multifamily structures (of appropriate historic village scale and design) are allowed through the site plan review process. Recreation and green space facilities are also provided for and encouraged as part of proposed subdivisions within this district. Selected small-scale business uses are allowed through the special permit process to ensure that their development is well conceived and designed and that it is sensitive to the historic character of the district and existing residential uses.
C. R-M Mobile Home Residential District: to provide opportunities for well-designed mobile home parks that are compatible with adjacent land uses.
D. P-C Planned Campus District: to provide for higher education institutions with specific housing, education and administrative needs. Zoning will accommodate the campus’ evolving needs while protecting the established residential and agricultural character of adjacent properties. The district includes only active campus lands.
E. E.C Commercial District: to provide for areas of planned commercial development within the Town.
F. I Industrial District: to provide for industrial development which IS compatible with surrounding uses.
G. P-D Planned Development District: to provide for innovative development which employs sound planning and design principles. These districts are designed to encourage job and tax base development; they are needed to enhance the existing and future tax base. The zones offer some latitude to develop a mix of complementary uses. The aim is to have orderly, high quality investment. Housing is generally not encouraged, although it could be a supporting part of a larger employment complex.
H. O-AC Agriculture Conservation Overlay District: to protect key farming areas and the resources necessary for agricultural uses within the Town while providing for limited low-density housing development oriented to farm uses (where density means the gross density of a large area).
I. O-RC Resource Conservation Overlay District: to protect floodplains, wetlands and other sensitive environmental areas within the Town, to ensure against loss of life and property from flooding, to maintain areas as natural stormwater retention basins, to maintain and improve water quality and to maintain natural areas for wildlife and human aesthetic enjoyment.
J. WPOD Wellhead Protection Overlay District: to preserve and protect the supply of safe and healthful drinking water for portions of the Town of Kirkland, local residents, employees, and the general public.
§ 118-7. Zoning Map.
Said districts are shown, defined and bounded on the map accompanying this chapter, entitled “Town of Kirkland Zoning Map,” dated August 13, 2007, and signed by the Town Clerk. The Zoning Map and all explanatory material thereon is hereby made a part of this chapter. 7
§ 118-8. District boundaries.
A. The district boundary lines are generally intended to follow the center lines of streets, the center lines of railroad rights-of-way existing lot lines, the center line of Oriskany Creek, or Town boundary lines, all as shown on the Zoning Map. Where a district boundary does not follow such lines as described above, its position is shown on said Zoning Map by a measurable reference point and/or by a specific dimension expressing its distance in feet from a street center line or other boundary as indicated.
B. The areas within the O-RC Resource Conservation Overlay District include parcels that are wholly or partially within:
(1) The one-hundred-year flood hazard areas as shown on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps;
(2) Wetland areas as shown on the New York State Department of Environmental Conservation Wetland Inventory Maps; and
(3) Other areas containing significant wetlands, stream corridors, ravmes, rock outcroppings, overlooks and unique settings.
C. The areas within the O-AC Agriculture Conservation Overlay District were determined in October 2004 and considered only parcels larger than 10 acres in size at that time. A parcel was included within the Agriculture Conservation Overlay District if, at that time, it met one or more of the following five criteria:
(1) The parcel was classified as “agriculture” under the NYS Office of Real Property Type Classification Code (All Code 1 OOs) and the property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts.
(2) The parcel was classified as “agriculture” under the NYS Office of Real Property Type Classification Code (All Code 100s) and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.
(3) The parcel was classified as “vacant” (300s) or “rural residence with acreage” (240s) under the NYS Office of Real Property Type Classification Code and the property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts.
(4) The parcel was classified as “vacant” (300s) or “rural residence with acreage” (240s) under the NYS Office of Real Property Type Classification Code and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.
(5) The property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.
D. The boundaries of the Wellhead Protection Overlay Districts are shown on the Zoning Map and are detailed in § 118-16.5 and the “Technical Guidance Memorandum Concerning the Delineation of the Wellhead Protection Overlay Districts within the Town of Kirkland” (9-9-2004). Where the bounds of the Wellhead Protection Overlay District, as delineated on the Zoning Map, are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question or their official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s), whose land has been designated as part of the Wellhead Protection Overlay District, the Town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.
E. If a parcel or combination of parcels for which a land development activity is proposed is wholly or partially within the Wellhead Protection Overlay District, the provisions of § 118-18 (site plan review) of this chapter shall apply to all property within such parcel or combination of parcels.
§ 118-9. Interpretation of district boundaries.
In the case of a dispute as to the true location of a district boundary line in a particular instance, the Building Inspector may request the Zoning Board of Appeals to render a determination with respect thereto. No boundary may be changed in this process or determination.
§ 118-10. Lots in more than one district.
Where a lot or combination of parcels for which a single development is proposed is located in more than one zoning district, the Building Inspector shall request the Zoning Board of Appeals to render a determination with respect thereto. The Board shall consider the following factors in making such a determination:
A. Is there an insignificant area in one district? If so, the standards and regulations for the district which comprises the majority of the lot in question should, in most cases, be applied, except as provided below.
B. Is one of the districts the O-RC Resource Conservation Overlay District? If so, the applicant should be required to comply with § 118-15.
C. Is one of the districts the O-AC Agriculture Conservation Overlay District? If so, the applicant should be required to comply with the appropriate review criteria in § 118-18.
ARTICLE III
Use Regulations
§ 118-11. Interpretation of Schedule A.
A. The uses which are permitted principal uses, site plan review uses and special permit uses for each zoning district are indicated in Schedule A, Columns 2, 3 and 4.8 In each of the districts, no building or premises shall be used and no building shall be erected or altered except for one or more of the uses listed in Schedule A, or elsewhere in this chapter, for that district and until application is made and approval granted for a building permit.
B. Any given use or modification, if shown in Columns 3 (site plan review uses), and 4 (special permit uses) of Schedule A, indicates that review and approval is required by both the Planning Board and the Zoning Board of Appeals. The specific process for obtaining approval in this instance is explained in §§ 118-13 and 118-14.
C. Any use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.
§ 118-12. Permitted principal uses.
A. Uses shown as permitted principal uses in Column 2 of Schedule A require a building permit to be obtained from the Building Inspector in accordance with the procedures set forth in Article VIII. Allowable accessory uses defined in § 118-2 also require a building permit.
B. Any permitted principal use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.
§ 118-13. Site plan review uses.
A. Uses shown as site plan review uses in Column 3 of Schedule A are required first to comply with review by the Planning Board as explained in § 118-18. All applications for such uses shall be referred by the Building Inspector to the Planning Board. After compliance with Planning Board review per § 118-18, the application will be returned to the Building Inspector for the appropriate action.
B. If a use is shown in both the site plan review uses (Column 3) and the special permit uses (Column 4) categories, the Building Inspector shall refer such application first to the Planning Board for its review and action. No action shall be taken by the Zoning Board of Appeals in such a case until a determination has been rendered by the Planning Board.
C. Any site plan review use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the T own of Kirkland.
§ 118-14. Special permit uses.
A. Uses shown as special permit uses in Column 4 in Schedule A must be approved by the Zoning Board of Appeals as explained in § IIS-65. All applications for uses in this category shall be referred by the Building Inspector to the Zoning Board of Appeals.
B. Any special permit use and/or land development activity that may result in land disturbance equal to or greater than one acre shall meet the stormwater management, erosion and sediment control requirements specified in Chapter 100 of the Code of the Town of Kirkland.
§ 118-15. Resource Conservation Overlay District.
A. Purpose. The purpose of this overlay district is to delineate areas of the Town which are characterized by important natural features, including but not limited to floodplains, wetlands and unique aesthetic areas.
B. General process. The Resource Conservation Overlay District is an overlay. The uses in the underlying districts are permitted, subject to Planning Board review. The review process for this district has two parts. The first step will be a determination of the presence and importance of natural features on the proposed development site. If no important natural features are present (i.e., the development is outside the one-hundred-year floodplain, wetlands and regulated wetland buffer, etc.), the subsequent Planning Board review may be bypassed and the applicant may proceed with development subject to other applicable review processes and permits. If the proposed development is within the one-hundred-year floodplain, a regulated wetland, a wetland buffer, or may destroy an important natural feature, detailed review by the Planning Board is required.
C. Determination of presence and significance.
(1) For proposed actions in the Resource Conservation Overlay District, additional review and submission requirements may be deemed necessary by the Planning Board. Upon referral of a proposed action in the Resource Conservation Overlay District, the Planning Board shall first make a determination of the presence and importance of natural features on the development site. To make this determination, the Planning Board may refer to the Comprehensive Town Plan, Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, New York State Department of Environmental Conservation freshwater wetland maps, Corps of Engineers data on flood elevations, cross sections, etc., and/or other published information regarding such natural features. The Planning Board may consult with other review and permit granting agencies and professionals to make this determination.
(2) The natural features to be considered under this section shall include, but not be limited to, floodplains, wetlands, stream corridors, ravines, rock outcroppings, overlooks and unique settings.
(3) Proposed actions which are determined to be in the one-hundred-year floodplain shall be subject to the provisions of Subsection D of this section.
(4) Proposed actions which are determined to be in or adjacent to other important natural features may be required by the Planning Board to comply with § 118-18.
(5) Proposed actions which are determined to be in or adjacent to a wetland area should be referred to the regional office of the New York State Department of Environmental Conservation and/or the Buffalo District of United States Army Corps of Engineers. The Planning Board should discourage major filling and construction proposals in and adjacent to wetlands.
D. Procedures for actions in floodplain areas. Any proposal located in areas of special flood hazard shall be reviewed and approved by the Building Inspector pursuant to Chapter 61, Flood Damage Prevention, of the Code of the Town of Kirkland. The Planning Board should discourage filling and construction proposals in flood-prone areas.
§ 118-16. Agriculture Conservation Overlay District.
A. Purpose. The purpose of this overlay district is to promote and protect agriculture as a viable industry in the Town of Kirkland.
B. General process. All land development activity within the Agriculture Conservation Overlay District shall be required to comply with the appropriate review criteria in § 118-18, Site development plan review process. Any proposed project in both the Agriculture Conservation Overlay District and a current NYS Ag District must comply with the New York State Agriculture and Markets Law. Applicants for such projects shall submit a completed agricultural data statement, which may be obtained from the Town of Kirkland Planning and Codes office. The data in this statement will be used to assist in evaluating the impacts of proposed development projects on farm operations in the NYS Agricultural Districts.
§ 118-16.5. Wellhead Protection Overlay District.
Any proposed land development activity that are wholly or partially within the Wellhead Protection Overlay District shall be required to have site plan approval by the Planning Board in accordance with Article III, § 118-18, and shall meet all other requirements and standards as set forth in this section and Schedules A, A-I, and A-2.9
A. Purpose. The purpose of this overlay district is to delineate those areas of the Town which are important to ensuring a safe and healthful drinking water supply for the Clinton area, local residents, employees, and the general public through the preservation of the Town’s groundwater resources. The designation of two Wellhead Protection Overlay Districts and the careful regulation of development activities within these districts will reduce the potential for groundwater contamination. The Wellhead Protection Overlay District will preserve and maintain the existing and potential groundwater supplies, aquifers, and aquifer recharge areas of the Town, and protect them from adverse development or land use practices. The Wellhead Protection Overlay District will also conserve the natural resources of the Town and prevent pollution of the environment.
B. General process. The Wellhead Protection Overlay District shall be considered as overlaying other districts as shown on the Zoning Map for the Town of Kirkland. Any use not permitted in the underlying districts shall not be permitted in the Wellhead Protection Overlay District. Any uses permitted in the underlying districts shall be permitted in the Wellhead Protection Overlay District, except where the site plan review process and Wellhead Protection Overlay District regulations prohibit or impose greater or additional restrictions and requirements. In any cases where conflicts arise between these regulations and any other existing regulations, the more restrictive regulations shall apply.
C. Determination of presence and significance of the Wellhead Protection Overlay District.
For the purposes of this Wellhead Protection Overlay District, there are hereby established within the Town of Kirkland, two Wellhead Protection Overlay Districts, which consist of any aquifer, the land above an aquifer, and significant aquifer recharge areas that may supply water to the Village of Clinton municipal wells. The establishment of these districts is confirmed by information set forth within the Technical Guidance Memorandum (August 2004) concerning the delineation of the Wellhead Protection Overlay Districts for the Town of Kirkland. These Wellhead Protection Overlay Districts are described as follows:
(1)Wellhead Protection Overlay District 1 (WPOD-1). As delineated, WPOD-l shall include properties that are wholly or partially within the one-year time of travel time boundary of the Village of Clinton municipal wells.
(2) Wellhead Protection Overlay District 2 (WPOD-2). As delineated, WPOD-2 shall include properties that are wholly or partially within the five-year time of travel time boundary of the Village of Clinton municipal wells.
D. Use regulations for the Wellhead Protection Overlay District:
(1) Prohibited uses and activities. Within all of the Wellhead Protection Overlay Districts the following uses and activities are specifically prohibited:
(a) Chemical/bacteriological laboratories;
(b) Sanitary landfills, including construction and demolition debris landfills;
(c) Junkyards or motor vehicle salvage operations;
(d) Disposal of snow that contains de-icing chemicals and that has been transported from areas outside the Wellhead Protection Overlay District;
(e) Feedlots;
(f) Storage of animal manure, not being used for the primary purpose of agriculture;
(g) Surface land application of septage, sludge, or human excreta; and the
(h) Discharge, surface land application or disposal of any hazardous substance, hazardous waste, petroleum, or radioactive material.
(2) Additional prohibited uses and activities. Additional prohibited uses and activities for each Wellhead Protection Overlay District are listed in Schedules A-I and A-2.IO
(3) Permitted uses. All uses currently permitted in the underlying district are permitted in the predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions
(4) Petroleum storage.
(a) Within the WPO Districts, all outdoor pet waste and/or used litter from kennels, cages, or litter boxes shall be removed daily and properly disposed of in sealed, nonpermeable trash bags or containers.
(b) Under no circumstances shall any pet waste be stored on site, composted, or used as compost/fertilizer.
(c) All individuals (whether the owner or temporary custodian of the pet) shall be responsible for the immediate cleaning up and proper disposal of any waste caused by the pet on public property and/or public rights-of-way.
[1] The underground storage of petroleum is prohibited.
[2] Wellhead Protection Overlay District aboveground storage of petroleum, except the outdoor, storage of petroleum used for on-site consumption, is subject to the additional requirements as indicated in Schedules A, A-I, A-2, and the site plan review process discussed within Article III, § 118-18.
E. Additional requirements for the Wellhead Protection Overlay District. The following requirements and standards shall be observed for proposed uses located within the Wellhead Protection Overlay as indicated in Schedules A-I and A-2.
(1) Lot coverage:
(a) For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for maximum allowable lot coverage, whether it be specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.
(b) The area of existing, natural vegetation to be left on a lot shall be located so as to maximize the distances between any surface water body, private well, or municipal well and impervious surfaces, fertilized vegetation, and/or on-site stormwater treatment systems or individual sewage treatment systems.
(c) WPOD-l and WPOD-2. Any proposed use on a lot shall not exceed 20% impervious surface area, or retain less than 40% of the existing, natural vegetation on the lot. Proposed areas of fertilized vegetation shall be located at the farthest practical location from any surface water body, private well, or municipal well.
(2) Runoff/drainage:
(a) As may be indicated on Schedules A-I and A-2 postdevelopment conditions for a proposed use within a Wellhead Protection Overlay District shall result in no increase in the frequency and/or occurrence of stormwater runoff from predevelopment conditions. In addition, the off-site impacts of erosion and sedimentation from the proposed use shall not be any greater during and following land disturbance activities than under predevelopment conditions.
(b) Stormwater runoff shall be adequately treated to prevent water quality degradation of the receiving water body, including groundwater.
(3) Pet waste:
(a) Within the WPO Districts, all outdoor pet waste and/or used litter from kennels, cages, or litter boxes shall be removed daily and properly disposed of in sealed, nonpermeable trash bags or containers.
(b) Under no circumstances shall any pet waste be stored on site, composted, or used as compost/fertilizer.
(c) All individuals (whether the owner or temporary custodian of the pet) shall be responsible for the immediate cleaning up and proper disposal of any waste caused by the pet on public property and/or public rights-of-way.
(4) Petroleum storage.
(a) As may be indicated on Schedules A-I and A-2, a proposed use within WPOD-l and WPOD-2 is required to meet the following standards for storage of petroleum in new or replacement storage tanks and/or containers:
[1] The underground storage of petroleum is prohibited.
[2] The outdoor, aboveground storage of petroleum, except the outdoor, aboveground storage of petroleum used for on-site consumption, is prohibited.
[3] The preferred method of storage for petroleum used for on-site consumption shall be the installation of storage tank(s) in the basement of or within the building where the petroleum will be consumed. Storage areas shall meet all applicable local, state and federal requirements. If site conditions or other constraints prevent such installation, the following design standards shall be observed:
[a] Outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. A pad with a dike, berm or other such structure shall be designed to capture at least 120% of the volume of the largest tank enclosed by the containment structure. If the containment structure is comprised of a secondary tank that surrounds the original tank, the 120% volume requirement shall be waived.
[b] All outdoor, aboveground tanks for petroleum used for on-site consumption shall be equipped with visual gauges to monitor fluid levels.
[4] Indoor storage areas for petroleum shall meet all applicable local, state and federal requirements and the design requirements listed below.
[a] Indoor storage areas for petroleum used for on-site consumption and the indoor storage of petroleum in quantities necessary for household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the design requirements for indoor storage areas. However, such petroleum shall be stored in containers equipped with a secure lid.
[b] All storage areas shall be equipped with a pad and a dike, berm or other secondary containment structure constructed of material that is impervious to the product stored in the tank. A pad with a dike, berm or other such structure shall be designed to capture at least 120% of the volume of the largest tank enclosed by the containment structure. If the containment structure is comprised of a secondary tank that surrounds the original tank, the 120% volume requirement shall be waived.
[c] No indoor storage areas shall be located in proximity to floor drains.
[d] Storage areas shall be secured against unauthorized entry.
(b) A spill control plan shall be prepared for any facility that stores petroleum within a Wellhead Protection Overlay District. Facilities that only store petroleum for on-site The outdoor consumption and the storage of petroleum in quantities necessary for normal household use (operating lawn care equipment, recreational vehicles, snow blowers, etc.) shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall be posted in a conspicuous location on site and a copy provided to the Town Clerk. The spill control plan shall include, at a minimum, the following components:
[1] A site plan illustrating the direction of stormwater and groundwater flow;
[2] A description of operational procedures;
[3] A description of potential spill sources;
[4] The spill response training program for the employees;
[5] The names and telephone numbers of the person or persons responsible for responding to the spill;
[6] The procedures for containing and cleaning up the spill; and
[7] The procedure for notifying proper emergency services, the Village Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 613.
(c) Following any land development activity, the Town of Kirkland is authorized, at its discretion, to perform periodic inspections of facilities that use or store petroleum to ensure that these facilities pose no threat to the water supply. The Town of Kirkland or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the Town or its designee(s) access to the site and the petroleum storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for petroleum, including aboveground and underground storage tanks, are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Town of Kirkland or its designee(s) shall be immediately reported, in writing, to the Town of Kirkland Codes Enforcement Officer.
(5) Hazardous substance storage.
(a) As may be indicated on Schedules A-I and A-2, A-2, and A-3, a proposed use within these districts is required to meet the following standards for storage of hazardous substances in new or replacement storage tanks or containers.
[1] The underground storage or outdoor, aboveground storage of hazardous substances, including pesticides, herbicides, and fertilizers, is prohibited.
[2] Indoor storage areas for quantities of hazardous substances, including pesticides, herbicides, and fertilizers, that total more than 250 pounds dry weight or 50 gallons liquid shall meet all applicable federal and state requirements and the additional design standards and requirements listed below. The indoor storage of hazardous substances, including pesticides, herbicides, and fertilizers in their original sealed containers for the purpose of resale, shall be exempt from the requirements and standards specified in Subsection E(5)(a)[2][c], [d) an [e) below.
[a] All products shall be stored in product-tight containers equipped with a lid.
[b] Each container shall be clearly and visibly labeled.
[c] Drip pans designed to catch spills/leaks shall be located under the spigots of drums or containers that are stored in a horizontal position. Drip pans shall be routinely emptied and the contents recycled, reused, or disposed of appropriately.
[d] All storage areas shall be equipped with a pad and a dike, berm or other containment structure constructed of material that is impervious to the product stored in the tank. This containment structure shall be designed to contain at least 120% of the volume of the largest container enclosed by the structure.
[e] Storage areas shall be inspected by the applicant at least once a week for signs of leaks or spills and the aisle space between containers shall be adequate to allow for inspections. A summary report, noting the results of weekly inspections, shall be prepared every six months and sent to the Codes Enforcement Officer.
[f] Absorbent materials, such as but not limited to kitty litter, sawdust, soil, or clay, shall be kept on hand for emergency cleanups and containment in the event of a spill.
[g] No storage areas shall be located in proximity to floor drains.
[h] Storage areas shall be secured against unauthorized entry.
[i] An accurate log or inventory of materials stored on site shall be maintained and provided to the Codes Enforcement Officer annually.
(b) A spill control plan shall be prepared and shall be posted in a conspicuous location on site and a copy sent to the Town Clerk. The indoor storage of hazardous substances, including pesticides, herbicides, and fertilizers, in quantities necessary for normal household use or agricultural use or farm use, shall be exempt from the requirement to prepare a spill control plan. The spill control plan shall include, at a minimum, the following components:
[1] A site plan illustrating the direction of stormwater and groundwater flow;
[2] A description of operational procedures;
[3] A description of potential spill sources;
[4] The spill response training program for the employees;
[5] The names and telephone numbers of the person or persons responsible for responding to the spill;
[6] The procedures for containing and cleaning up the spill; and
[7] The procedure for notifying proper emergency services, the Town Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 595 and Part 597.
(c) Following site development, the Town of Kirkland is authorized, at their discretion, to perform periodic inspections of facilities that use or store petroleum or hazardous substances to ensure that these facilities pose not threat to the Village of Clinton water supply. The Town or its designee(s) will notify the owner by telephone and in writing of the planned inspection. The owner shall grant the village or its designee(s) access to the site and storage facilities for the purposes of a inspection at a mutually agreeable time within 72 hours of the notice of inspection. The purpose of these inspections is to ascertain whether the storage containers for hazardous substances are in good operating condition and the facility is in compliance with the applicable requirements and standards of this chapter. Any violations observed by the Town or its designee(s) shall be immediately reported, in writing, to the T own Codes Enforcement Officer.
(6) Density requirements.
(a) For each use proposed within a specific Wellhead Protection Overlay District, the stricter requirement for density, whether it is specified within the underlying district or within the requirements for the Wellhead Protection Overlay District, shall apply.
(b) In WPOD-l and WPOD-2, the minimum lot size shall be as follows:
[1] If the proposed use will not be connected to public sewer, the minimum lot size shall be 50,000 square feet.
[2] If the proposed use will be connected to public water and public sewer, the minimum lot size shall be 25,000 square feet.
(7) Individual on-site sewage treatment system design requirements.
(a) All individual on-site sewage treatment systems shall comply with all applicable requirements of Part 75 of the Administrative Rules and Regulations, Chapter 11 of Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
(b) As may be indicated on Schedules A-I and A-2, a proposed use within these districts is also required to meet the following standards for the design of residential and nonresidential individual on-site sewage treatment systems.
[1] All individual sewage treatment systems that discharge less than 1,000 gpd and are installed to serve uses other than a single unit dwelling or a two-unit dwelling shall be equipped with oil/grease separators to prevent clogging of the leaching field by fats, grease, and oiL
[2] The disposal of pharmaceuticals, hazardous substances and/or hazardous wastes into an individual on-site sewage treatment system is prohibited.
(8) Monitoring wells.
(a) As may be indicated on Schedules A-I and A-2 for a proposed use within these overlay districts, a minimum of three groundwater monitoring wells shall be installed prior to site development for the purposes of evaluating predevelopment and postdevelopment groundwater quality, groundwater flow direction, and groundwater elevation.
(b) As other regulations and setback requirements permit, one well shall be installed near an upgradient property boundary, one well shall be installed near a downgradient property boundary, and one well shall be installed between the two upgradient and downgradient wells to facilitate the determination of groundwater flow direction.
(c) The specific location of the monitoring wells shall be determined by a professional geologist, hydrogeologist, engineer, or other qualified expert trained and experienced in hydrogeology. The location of the monitoring wells shall be approved by the Planning Board prior to site development.
(d) Prior to site development, a groundwater sample shall be collected from each of the monitoring wells and submitted to aNew York State certified analytical laboratory for analysis of nitrate-nitrogen, sodium, chloride, coliform bacteria and other appropriate parameters that represent each of the petroleum or hazardous substances proposed to be used, stored or disposed of on site. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.
(e) Three months after site development has been completed, a groundwater sample shall be collected from each of the monitoring wells and submitted to aNew York State certified analytical laboratory for analysis of each of the parameters tested for under predevelopment conditions. Groundwater elevations shall also be recorded and groundwater flow direction shall be calculated.
(f) An initial summary report shall be prepared that describes predevelopment and postdevelopment groundwater quality, groundwater elevation and groundwater flow direction. This initial summary report shall be submitted to the Codes Enforcement Officer within six months of the completion of site development.
(g) Following the submission of the initial summary report, the applicant shall begin a monitoring program that includes one sampling event each year during the months of March, April, May, September, October or November. Groundwater samples shall be collected from each of the monitoring wells and submitted to a New York State certified analytical laboratory for analysis of the parameters evaluated under predevelopment conditions and/or additional parameters to reflect a change in the type of substances used or stored on site. Groundwater elevations shall be recorded, and groundwater flow direction shall be calculated. An annual summary report that describes trends in groundwater quality and groundwater flow direction shall be provided to the Codes Enforcement Officer within three months of the annual sampling event.
(h) The costs of installing and operating the monitoring wells, including sampling and laboratory analysis, and preparing the required summary reports shall be borne by the owner or applicant. Access to the monitoring wells shall be provided to the Town and/or its designees for purposes of any additional water quality sampling deemed appropriate by the Planning Board.
(9) Floor drains:
(a) In areas of the Wellhead Protection Overlay District where public sewer service is available, all proposed uses that contain floor drains shall have such floor drains connected to the municipal sanitary sewer system. Floor drains that are connected to the sanitary sewer must meet discharge limits and permit requirements as may be established by the local wastewater treatment plant having jurisdiction.
(b) In areas of Wellhead Protection Overlay District where public sewer service is not available, all proposed uses that contain floor drains shall meet the following requirements:
[1] The use of floor drains in the Wellhead Protection Areas should be avoided whenever possible.
[2] Floor drains shall not discharge to groundwater, any subsurface septic system, or any such on-site wastewater disposal system.
[3] The discharge of floor drains to surface waters, streams, ditches, swales, or the ground surface may be permissible via a SPDES permit from the NYS Department of Environmental Conservation.
[4] For uses that are not required to obtain such a SPDES permit, all floor drains shall be connected to a holding tank (no outlets) which must be periodically pumped out and the resultant wastewater properly disposed of.
(10) Hazardous waste storage and disposal:
(a) As may be indicated on Schedules A-I and A-2 for a proposed use within these districts is required to meet the following standards for hazardous waste disposal:
[1] The underground storage or outdoor, aboveground storage of hazardous waste is prohibited.
[2] The owner or applicant shall demonstrate the availability and feasibility of indoor storage and proper disposal methods which are in conformance with all applicable local, state and federal laws for any hazardous waste to be produced in quantities greater than those associated with normal household or agricultural or farm use. The owner or applicant shall also demonstrate that wastes will be properly handled and stored until disposed of by a licensed waste hauler.
(b) If a spill control plan is required by this chapter for the storage of petroleum or hazardous substances, the spill control plan shall include provisions for responding to an accidental discharge of hazardous waste and shall include, at a minimum, the following additional components that specifically address hazardous waste:
[1] A description of potential hazardous waste spill sources;
[2] The hazardous waste spill response training program for the employees;
[3] The names, addresses, and telephone numbers of the person or persons responsible for responding to the hazardous waste spill;
[4] The procedures for containing and cleaning up the hazardous waste spill; and
[5] The procedure for notifying proper emergency services, the Town Codes Enforcement Officer, and other appropriate local and state officials of a spill, leak or other reportable discharge as defined in 6 NYCRR Part 372, Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Facilities.
(c) Following land development activity, the Town of Kirkland Codes Enforcement Officer is authorized, at his/her discretion, to perform periodic inspections of facilities that generate hazardous waste to ensure that these facilities pose no threat to the water supply. The Codes Enforcement Officer will notify the owner and/or his designee(s) by telephone and in writing of the planned inspection. The owner and/or his designee(s) shall grant the Codes Enforcement Officer access to the site and the hazardous waste storage facilities for the purposes of a periodic inspection at a mutually agreeable time within 72 hours of notice of the inspection. The purpose of these inspections is to ascertain whether storage containers for hazardous wastes are in good operating condition and the facility is in compliance with the applicable requirements and standards of § 118-16.5 of this chapter. Any violations observed by the Town or its designee(s) shall be immediately reported, in writing, to the Town of Kirkland Codes Enforcement Officer.
(11) Road salt storage and application:
(a) Safe alternatives to road salt (defined as sodium chloride), such as but not limited to calcium chloride and sand, shall be used within the Wellhead Protection Overlay Districts whenever possible. Signs shall be posted along roadways that receive no salt or reduced salt application to inform motorists.
(b) As may be indicated on Schedules A-I and A-2, a proposed use within WPOD-1 or WPOD-2 is required to meet the following standards:
[1] The outdoor, unprotected storage of road salt is prohibited.
[2] The application of road salt to all Town-owned roads, streets, parking areas, and property are discouraged.
[3] The application of road salt to private roads and parking lots is prohibited.
(12) Pesticide application:
(a) As may be indicated on Schedules A-I and A-2, a proposed land development activity within WPOD-l or WPOD-2 is required to meet the following standards:
[1] The application of a liquid or solid pesticide, herbicide or fertilizer is prohibited.
(b) Property owners who enlist the services of a commercial or herbicide applicator shall ensure that the applicator is certified and licensed by the New York State Department of Environmental Conservation.
(c) As applicable, all pesticide and herbicide use and application shall be under permit as provided in New York State Environmental Conservation Law, Article 33.
[1] Disposal of containers or unused pesticides and herbicides is prohibited unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.
[2] Disposal of water used for mixing fertilizers, pesticides, or herbicides, or washing of equipment used in conjunction with the use of fertilizers, pesticides, or herbicides is prohibited unless in accordance with a permit issued as provided for within New York State Environmental Conservation Law, Article 33.
[3] Use of streams or watercourses for disposal, mixing, or washing equipment used in conjunction with pesticides and herbicides is prohibited.
§ 118-17. Planned development process.
A. Purpose. The regulations hereinafter set forth in this section are intended to provide a means for the development of a comprehensively planned business, commercial and manufacturing area, or combinations thereof, in a manner which will permit flexible and imaginative design concepts to be utilized and, by means of adequate supervision and control by the Planning Board and the Town Board, to ensure that the spirit and intent of this chapter will be preserved. Although not encouraged, residential, recreational and park areas are also allowed as components of a Planned Development District. Certain areas of the Town have been identified as appropriate for planned development projects and are designated on the Town Zoning Maps. In addition, application for the establishment of a planned development district may be made for any area of the Town and shall not be limited by its present zoning designation. No specific requirements with respect to minimum lot sizes within the district, lot coverage, building height, yard dimensions, off-street parking or density of residential use are made, although, so far as is practicable within the overall scheme of a planned development district, the requirements of Schedule A, §§ 118-38 and 118-42 of this chapter should be considered as a guide in determining reasonable requirements for comparable uses within a planned development district.
B. The general planned development process. In areas not already designated planned development, the planned development process consists of two basic steps. First is the change of zoning district designation. Second is review of the specific site plans for the area. Any change to a planned development district shall be based on a specific development proposal and will reflect the type of use which was the basis for the zone change.
C. Procedures for the establishment of a planned development district.
(1) Preapplication conference. Before submission of a preliminary application for approval of a planned development district, the developer is encouraged to meet with the Town Planning Board to determine the feasibility and suitability of the application before entering into any binding commitments or incurring substantial expenses of site and plan preparation. The Planning Board may issue a letter indicating its comments and suggestions.
(2) Application procedure. Application for the establishment of a planned development district shall be made to the Town Board. Each application shall be accompanied by a fee as set by the Town Board. The Town Board shall refer the application and all application materials to the Town Planning Board within 15 days of the application.
(3) Planning Board review.
(a) Within 62 days of the receipt of the application, the Planning Board shall recommend approval, approval with modifications or disapproval of the application to the Town Board. Failure of the Planning Board to act within 62 days, or such longer period as may be consented to, shall be deemed to be a grant of approval of the plan as submitted. In the event that approval subject to modifications is granted, the applicant may, within 10 days after receiving a copy of the Planning Board’s decision, notify the Town Board in writing of his refusal to accept all such modifications, in which case the Planning Board shall be deemed to have denied approval of the application. In the event that the applicant does not notify the Town Board within said period of his refusal to accept all said modifications, approval of the application, subject to such modifications, shall stand as granted.
(b) Submission requirements. Application to the Town Board must include a petition for the zone change. The applicant must provide proof of full legal and beneficial ownership of the property or proof of an option or contractual right to purchase the property. The preliminary plan shall include, but not be limited to, the following:
[1] A completed short environmental assessment form (EAF) to comply with the provisions of the State Environmental Quality Review (SEQR) Act.
[2] A mapped preliminary development plan of the property in question. Such a plan shall include all existing structures, roads and other improvements and shall indicate the circulation concept, general site location of all proposed structures, general parking scheme, the approximate acreage in each type of use and the amount, proposed use and location of all open space and recreation areas. This plan shall also indicate the location of all utilities and proposed expansions and/or any alternative concepts for dealing with the water supply, sewage disposal, stormwater drainage and electric service.
[3] Demonstration by the applicant that alternative design concepts have been explored.
[4] A written description of the proposal, including the major planning assumptions and objectives, the probable effect on adjoining properties and the effect on the overall Town development plan.
[5] A written description of the probable impacts on the natural systems of the Town.
[6] A written description of the probable fiscal impacts, including a summary of new costs and revenues to the Town due to the development.
(c) Review criteria. In considering the application for the creation of a planned development district, the Planning Board may require such changes in the preliminary plans and specify such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the community. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
[1] The need for the proposed land use in the proposed location.
[2] The existing character of the neighborhood.
[3] The location of principal and accessory buildings on the site in relation to one another and in relation to buildings and uses on properties adjoining the proposed district.
[4] The general circulation and open space pattern relative to the structures.
[5] The traffic circulation features within the site and the amount, location and access to automobile parking areas.
[6] The environmental factors on the environmental assessment form (EAF).
(4) Planning Board action.
(a) Establishment of a planned development district is a rezoning action and is subject to the State Environmental Quality Review (SEQR) Act Therefore, the Planning Board should make a two-part recommendation to the Town Board as part of this process.
(b) First, the Planning Board should identify the type of action the zone change is according to SEQR regulations. Depending on the size of the zone change and several other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. A preliminary determination of environmental significance can be made. The Planning Board should advise the Town Board of this determination and any responsibilities of the Town Board.
(c) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins. If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
(d) The second part of the recommendation is a decision on the zone change itself based on the review criteria per Subsection C(3)(c) of this section.
(e) The decision of the Planning Board shall be in the form of a written resolution, which shall include findings of fact and shall set forth the reasons for granting or denying tentative approval, specifying with particularity in what respects the proposal contained in the application would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
[1] In what respects the plan is or is not consistent with the Town Comprehensive Plan and the statement of purpose set forth in Subsection A of this section.
[2] The extent to which the proposal departs from zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are or are not deemed to be in the public interest.
[3] The nature and extent of the common open space in the planned development district, the reliability of the proposals for maintenance and conversion of such open space and the adequacy or inadequacy of the amount and function of the open space in terms of the densities of residential uses and the types thereof where residential uses are proposed.
[4] The plat of the proposal and the manner in which such plat does or does not make adequate provision for public services, control over vehicular traffic and the amenities of light and air and visual amenities.
[5] The relationship, beneficial or adverse, of the proposed planned development district upon the neighborhood in which it is proposed.
[6] In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect the interests of the public and the residents of the district in the integrity of the plan.
(5) The resolution required by Subsection C( 4) of this section shall be filed with the Town Clerk and shall be available during regular office hours for inspection by any interested person.
(6) Upon the filing of such resolution with the Town Clerk, the Town Board shall, within 62 days, hold a public hearing on said proposal after giving the public notice required by law.
(7) The Town Board may thereafter amend this chapter so as to establish the proposed planned development district and define the boundaries thereof. Such action shall have the effect only of establishing a planned development district for the use proposed by the applicant. Such amendment of this chapter shall not constitute or imply a permit for construction or final approval of plans.
(8) In the event that construction has not commenced within two years from the date that the Zoning Map amendment establishing the planned development district became effective, the Planning Board may so notify the Town Board, and the Town Board may, on its own motion, institute a Zoning Map amendment to return the planned development district to its former classification pursuant to Article XI of this chapter.
D. Procedure for implementation of a planned development. Completion of Subsection C of this section to change a zone to a planned development district does not imply approval to proceed with the actual development of the area. Upon approval of the rezoning request, or for projects within preestablished planned development districts, the applicant is required to follow the procedure explained herein:
(1) Concept review. Before proceeding with the final design for the area in question, the developer is encouraged to meet with the Planning Board and Town Board to clarify any conditions that either Board has requested. This should promote an understanding by all parties before the preliminary concepts are changed to detailed designs and before the developer spends large amounts of money. The Town Board or the Planning Board may issue formal comments as the result of these meetings. When the proposed project is not in conformance with the approved preliminary development plan, or for projects proposed in preestablished planned development districts for which a preliminary development plan has not been established, the developer shall prepare a preliminary development plan of the project area as it affects the entire planned development district. This plan will illustrate in a general manner how the proposed project would allow beneficial development of the remainder of the district. Items to be shown are highway access and circulation systems, potential development areas and open space systems and general recommendations on methods to ensure that the purpose of the district can be achieved.
(2) Planning Board review. Upon approval of the zone change, the applicant has one year in which to submit a final plan to the Planning Board for review and recommendation to the Town Board. Within 62 days of the receipt of the application, the Planning Board shall grant approval, approval with conditions or disapproval of the application.
(a) Submission requirements.
[1] Before final approval of the plan, the applicant must show evidence of full legal and beneficial ownership interest in the land.
[2] The final plan shall include but not be limited to the following:
[a] A completed short or long environmental assessment form (EAF) to comply with the provisions of the State Environmental Quality Review (SEQR) Act.
[b] A mapped final development plan of the property in question. Such plan shall be a certified survey showing all existing and proposed grades, existing and proposed structures, existing and proposed vegetation, the layout of all roadways, walkways and parking areas. Construction details for such areas described above shall also be submitted.
[c] A separate map showing all existing and proposed water lines, sewer lines, electric lines, natural gas lines and other utility and service lines, refuse storage and disposal and fuel storage facilities and rights-of-way.
[d] If the project will involve construction of a new water supply and the infrastructure, new sewage treatment system and/or new or alternative power systems, the design and details of such proposals must be included.
[e] A plan showing the treatment of stormwater runoff:
[f] The total number of acres in the site, the number and type of housing units, the gross and net residential densities, the approximate selling and/or rental prices of the units, the phasing plan and the approximate completion date of the entire project.
[3] The Planning Board may require any additional materials it deems necessary to adequately evaluate the proposed project.
(b) Review criteria. The Planning Board may not in all cases have the expertise to review the detailed design and construction drawings. If they do not, the Planning Board may confer with the Town Engineer, the New York State Department of Environmental Conservation (DEC), the County Health Department, the County Planning Department and other agencies to ensure that review of those areas outside the Board’s scope is being attended to. Within its own capabilities, the Board may use the following criteria as general guidelines:
[1] The height and bulk of buildings and their relation to other structures in the vicinity.
[2] The proposed location, type and size of signs, vehicular and pedestrian circulation, loading zones and landscaping.
[3] The safeguards provided to prevent possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
[4] Storm drainage and sanitary waste disposal in and adjacent to the area.
[5] The compatibility of uses proposed for such district where a combination of uses is proposed.
[6] The provisions of adequate and sufficient public utilities.
[7] The criteria cited for review of the planned development district rezoning process [Subsection C(3)(c) of this section].
[8] The environmental factors on the environmental assessment form (EAF). [NOTE: The Planning Board may require as a condition to final approval the posting of a bond to assure the completion of all requirements of the Board, including the dedication, maintenance and completion of all streets, easements and open space or recreational areas, creation or extension of special districts or improvement areas, construction of storm and sanitary sewers, landscaping and such other improvements. ]
(3) Planning Board action.
(a) First, the Planning Board should identify the type of action the proposed development is according to the State Environmental Quality Review (SEQR) regulations. Depending on the size, location and other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law (New York). The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.
(b) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins. If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
(c) When compliance with SEQR is complete, the Planning Board shall, within 62 days, either grant such approval subject to specified conditions or deny final approval and forthwith file its decision with the Town Clerk and notify the applicant thereof. Thereupon, within 90 days, the applicant shall file with the County Clerk the final plat of any subdivision proposed and shall make application for a building permit or permits in accordance with the proposal as finally approved.
(4) No building permit shall be granted for the construction of any building or structure other than as approved by the Planning Board, and no improvement shall be nor additional uses made at variance with the proposal as finally approved except upon resubmission and approval of the Planning Board.
(5) The applicant may appeal to the Town Board a decision of the Planning Board denying final approval or granting final approval subject to conditions with which the applicant is unwilling to comply. Such appeal shall be taken within 30 days of the filing with the Town Clerk of the decision of the Planning Board.
§ 118-17.1. Waiver provisions.
A. Purpose. It is the purpose of this section to empower the Planning Board to grant waivers or incentives to advance the Town’s specific physical, cultural and social policies in accordance with the Town of Kirkland’s Comprehensive Land Use Plan and in coordination with other community planning mechanisms or land use techniques.
B. Legislative authority. In accordance with § 261-b of the Town Law of the State of New York, the Town Board of the Town of Kirkland authorizes the Planning Board to implement a system of zoning waivers or incentives, as necessary and appropriate, consistent with the purposes and conditions set forth in said section.
C. Jurisdiction. This section shall apply to the Rural Residential Zoning District of the Town of Kirkland.
D. Definitions. As used m this section, the following terms shall have the meanings indicated:
COMMUNITY BENEFITS OR AMENITIES – Open space, parks or other specific physical or social or cultural amenities of benefit to the residents of the community.
OPEN SPACE – Any space or area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained, would maintain and enhance the present or potential value of surrounding development or would maintain or enhance the conservation of natural, agricultural or scenic resources. This open space shall be permanently protected from development by legal instrument subject to the approval of the Town.
WAIVER PROVISIONS – The system by which specific waivers or incentives are granted, pursuant to § 261-b of the Town Law, on condition that specific physical, social or cultural benefits or amenities would inure to the community.
WAIVERS and INCENTIVES – Adjustments to the permissible housing density, area, open space or other provisions of this chapter as allowed herein.
E. Amenities for which waivers may be offered.
(1) The following amenities may be offered on the site of the subject application:
(a) Permanent preservation of open space.
(b) Public parks and recreation facilities.
(c) Preservation of significant environmental, cultural or historic resources.
(d) Other facilities or benefits to the residents of the community as determined by the Planning Board.
(e) Any combination of the above-listed amenities.
(2) These amenities shall be in addition to any mandated requirements pursuant to other provisions of this chapter and Chapter 103, Subdivision of Land, of the Code of the Town of Kirkland.
F. Waivers permitted. The following waivers or incentives may be granted by the Planning Board to an application on a specific site:
(1) Commensurate increases in residential density up to an additional 25% over base density.
(2) Commensurate increases in lot coverage up to an additional 25% over base coverage.
(3) Commensurate changes in setbacks up to an additional 25% under base setbacks.
(4) Commensurate changes in frontage up to an additional 25% under base frontage.
G. Criteria and procedure for approval.
(1) Applications for waivers in exchange for amenities shall be submitted to the Planning Board for sketch plan review after discussions with Town staff for appropriate input. The application shall be processed prior to review of the subdivision and/or site plan and shall include the following information:
(a) Proposed amenity.
(b) The cash value of the proposed amenity.
(c) Narrative which:
[1] Describes the benefits to be provided to the community by the proposed amenity.
[2] Gives preliminary indication that adequate public utilities and/or services are available in any special service district in which the proposal is located to handle the additional demands the waiver and amenity may place on these facilities and still adequately serve the district.
[3] Explains how the amenity helps implement the physical, social or cultural policies of the Comprehensive Land Use Plan as supplemented by the local laws and ordinances adopted by the Town Board.
(d) The requested waiver.
(e) Sets of maps containing, in sketch plan format, both the requested waiver layout and a layout conforming to current requirements.
(f) A completed environmental assessment form Part 1.
(2) A copy of the application shall be referred to the Town Board for input to the Planning Board following the referral from other agencies for input as appropriate, including but not limited to the Oneida County Department of Planning and local, county, state and federal agencies.
(3) The Planning Board shall schedule and hold a public hearing, which may be part of its regular meeting, and shall hear testimony on the proposed application.
(4) All applicable requirements of the State Environmental Quality Review Act (SEQR) shall be complied with as part of the review and hearing process. In addition to other information that may be required as part of an environmental assessment of the proposal, the assessment shall include verification that any special service district in which the proposal is to be located has adequate public utilities and/or service facilities to:
(a) First, serve the existing residents of that district at the time of the amenity/incentive proposal; and
(b) Then, serve the on-site amenity and waiver/incentive given the development scenario in Subsection G 4(a) above.
(5) The following findings must be made by the Planning Board prior to approval of a waiver/incentive:
(a) That the requirements of SEQR have been met.
(b) That the proposed amenity provides sufficient public benefit to provide the requested waiver.
(c) That the particular waiver granted is in relative proportion to the value and importance of the amenity provided.
(d) That the project is in harmony with the purpose and intent of this chapter and the Comprehensive Land Use Plan and will add to the long-term assets of the community.
H. The Planning Board may impose conditions on a project to ensure the above findings are achieved through the subsequent plan review and construction phases of the project. The Planning Board may grant a waiver based on affirmative findings of fact or may deny an application for a waiver. Thereafter, the Planning Board is authorized to act on an application for subdivision/site plan review pursuant to the Code of the Town of Kirkland.
§ 118-18. Site development plan review process.
A. Purpose and general process.
(1) The following process is incorporated into this chapter as a tool for the Planning Board to evaluate specific uses in certain zoning districts. These uses, termed “site plan review uses” (§ 118-13), are noted for each district in Schedule A.lI
(2) The site development plan review process has three steps: concept review, preliminary site plan review and action, and final site plan review and action.
(3) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 100 of the Code of the Town of Kirkland shall be required for site plan approval. The SWPPP shall meet the performance and design criteria, and standards in Chapter 100 of the Code of the Town of Kirkland. The approved site plan shall be consistent with the provisions of these regulations.
B. Procedure for preliminary site plan review and action.
(1) Prior to the issuance of a building permit for any site plan review uses, the Building Inspector shall refer the application and all application materials as specified herein to the Planning Board for its review and approval in accordance with the provisions set forth in this section.
(2) Within 62 days of the receipt of a preliminary site plan, the Planning Board shall, in writing, inform the applicant of its decision.
(3) Concept review. A meeting is recommended between the Planning Board and applicant to review the basic site design concept and generally determine the information to be required on the preliminary site plan. The applicant should provide the data discussed below in addition to a statement or rough sketch describing what is proposed. The Planning Board may issue written comments as the result of this meeting.
(a) An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
(b) A map of site topography at contour intervals of no more than five feet. If general site grades exceeding 5% of 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 feet of elevation should also be provided.
(4) Application for preliminary site plan approval.
(a) An application for preliminary site plan review and approval shall be accompanied by a fee set by the Town Board. No further fee is required at the final site plan stage.
(b) Anticipated costs which the Planning Board expects to incur due to consulting services or other review costs shall be paid by the applicant and placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of Planning Board action on the final site plan.
(c) An application for preliminary site plan approval shall be made in writing to the Building Inspector and shall be accompanied by information drawn from the following preliminary site plan checklist, as determined necessary by the Planning Board at the concept review meeting:
[1] Title of drawing, including name and address of the applicant and the person responsible for preparation of such drawing.
[2] North arrow, scale and date.
[3] Boundaries of the 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 parking 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 location, 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 in compliance with applicable fire codes.
[14] Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
[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.
[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.
[21] Completed environmental assessment form (EAF) in compliance with the State Environmental Quality Review (SEQR) Act.
[22] A stormwater pollution prevention plan (SWPPP), erosion and sediment control plan developed in accordance with the requirements of Chapter 100 of the Code of the Town of Kirkland.
(d) In addition to the information described under § 118-18B(4)(c) site plan checklist, the following information shall be provided for a proposed land development activity located partially or wholly with a Wellhead Protection Overlay District:
[1] A map and a 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 stormwater, process wastes, hazardous substances and wastes, solid wastes, and incidental wastes.
[2] A complete list, including an estimate of the volume in pounds dry weight and liquid gallons, of all petroleum, chemicals, pesticides, fuels, and other hazardous substances to be used, generated, stored, or disposed of on the premises.
[3] A description of proposed measures to protect all storage containers or facilities associated with such materials from vandalism, accidental damage, corrosion, and leakage. At a minimum, such measures shall include a description of appropriate design and operating standards as described in § 118-16.5 and listed in Schedules A-I and A-2 of this chapter.
[4] A description of proposed storage facilities for hazardous wastes and provisions for the disposal of these wastes by licensed waste haulers.
[5] A landscape plan that shows predevelopment areas of undisturbed, natural vegetation and proposed postdevelopment areas of undisturbed, natural vegetation and fertilized vegetation.
[6] Copies of any permits and applications made to any other governmental agencies.
(5) Review criteria.
(a) The criteria for the Planning Board review may include, but shall not be limited to, the following:
[1] Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
[2] Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.
[3] Location, arrangement, appearance and sufficiency of off-street parking and loading.
[4] Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
[5] Adequacy of stormwater and drainage facilities.
[6] Adequacy of water supply and sewage disposal facilities.
[7] 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 vegetation.
[8] In the case of an apartment complex or other multiple dwelling, the adequacy of usable open space for play areas and informal recreation.
[9] Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
[10] Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
[11] Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
[12] Relationship to active agricultural land and fallow land to ensure that the conversion of agricultural land to nonagricultural uses is minimized and to ensure that all potential conflicts with agricultural operations are minimized. (See § 118-16 for actions in the Agriculture Conservation Overlay District.)
[13] Protection of the wellhead areas and aquifer recharge areas that provide drinking water for the municipal wells operated by the Village of Clinton. In evaluating the protection of the wellhead areas, aquifer recharge areas, and the water supplies, the Planning Board shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed.
(b) Consultant review. The Planning Board may consult with the Town Building Inspector, Fire Chief, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the United States Department of Agriculture Soil Conservation Service, the New York State Department of Transportation and the New York State Department of Environmental Conservation. Should the Board decide that the services of a private consultant are needed during the course of project review, the associated costs incurred for the private consultants’ services shall be paid in full by the applicant prior to any hearing which the applicant seeks.
(c) Public hearing. The Planning Board may conduct a public hearing on the preliminary site plan. If a public bearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of the application for preliminary site plan approval. The Board shall mail notice of said hearing to the applicant (and the County Planning Department if applicable) at least 10 days before said hearing, and notice shall be advertised in a newspaper of general circulation in the Town at least five days before the public hearing.
(6) Planning Board action on preliminary site plan.
(a) The proposed development in question is subject to the provisions of the State Environmental Quality Review (SEQR) Act. First, the Planning Board should identify the type of action the proposed development is according to the SEQR Act. Depending on the size, location and other factors, it may be a Type I action or an unlisted action. To make a decision, the Planning Board should consult Part 617 NYCRR, adopted pursuant to Article 8 of the Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The action type and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.
(b) If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement is filed. An application is not complete, and therefore the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement has been completed. When the draft environmental impact statement is completed, the time frame for Planning Board review begins. If another agency has determined that the proposal in question may have a significant effect on the environment, the Planning Board shall not issue a decision until a final environmental impact statement has been filed.
(c) When compliance with SEQR is complete, the Planning Board shall act on the application within 62 days. If no decision is made within said sixty-two-day period, the preliminary site plan shall be considered approved. The Planning Board’s action shall be in the form of a written statement to the applicant stating whether or not the preliminary site plan is approved, disapproved or approved with modifications.
(d) The Planning Board’s statement may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modifications shall be considered a condition of approval. Such conditions shall be supported by written findings of fact prepared by the Planning Board which explain the rationale for their imposition. If the preliminary site plan is disapproved, the Planning Board’s statement will contain the reasons for such findings. In such a case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.
C. Procedure for final site plan review and action.
(1) After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months have elapsed since the time of the Planning Board’s action on the preliminary site plan and if the Planning Board finds that conditions may have changed significantly in the interim, the Planning Board may require a resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.
(2) The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission.
(3) The following additional information shall accompany an application for final site plan approval:
(a) A record of application for and status of all necessary permits from state and county officials.
(b) Detailed sizing and final material specification of all required improvements.
(c) An estimated project construction schedule.
(4) Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report in accordance with § 239 of the General Municipal Law, where the proposed action is within a distance of 500 feet from the boundary of any city, village or town; from the boundary of any existing or proposed county or state park or other recreation area; from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.
(5) Planning Board action on final detailed site plan. Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Building Inspector. If no decision is made within the sixty-two-day period, the final site plan shall be considered approved. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk and a copy thereof mailed to the applicant.
ARTICLE IV
Coverage, Height and Location Regulations
§ 118-19. Schedule of bulk regulations.
Regulations governing the lot area and lot width, front, side and rear yards, building coverage and building height are shown in Schedule A, and said schedule is hereby made a part of this chapter. The regulations appearing in Schedule A are subject to the supplementary regulations of Article V. (See Schedule A.)
§ 118-20. Residential floor area requirements.
Minimum residential ground floor areas, measured from the exterior faces of exterior walls, exclusive of garages and unenclosed porches, shall be as follows:
District
Minimum Ground Floor Area per Dwelling (feet)
Residential R-R
1 story
1,200
More than 1 story
800
Residential R-TC
1 story
864
More than 1 story
720
Mobile Home R-M
1 story
600
Commercial C
1 story
800
More than 1 story
720
§ 118-21. Excavation, grading and clearing; halted construction.
A. Street layout, block grading and lot grading shall create minimal alteration to existing topography and existing site conditions in the area and shall not impact adversely on the environment or adjacent properties.
B. Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, create noxious conditions or create a hazard to public health or safety.
C. In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of excavation.
§ 118-22. Height and location of accessory buildings.
A building permit is required for all accessory structures. Accessory buildings shall not exceed 20 feet in height and shall not be located in any front yard or required side yard. Accessory buildings shall not be located nearer than five feet to any side or rear lot line and shall not cover more than 30% of any required rear yard. In any residence district, an accessory building, other than a garage or toolshed, shall be at least 50 feet from any adjacent dwelling. Patio or television antennas or towers, dish-type or tower-type receiving antennas and wind energy conversion systems (WECS) which meet the requirements of §§ 118-36, 118-48 and 118-50 et seq. of the Code of the Town of Kirkland are excluded.
§ 118-23. Use of basement prior to completion of structure prohibited.
No cellar or basement in any district shall be used for dwelling purposes prior to the completion of the dwelling structure of which it is to be a part.
ARTICLE V
SupplementaryRegulations
§ 118-24. Intent.
The regulations of this chapter shall be qualified or supplemented, as the case may be, by the following supplementary provisions.
§ 118-25. Lots of less than required dimensions.
Any lot with an area or width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements. In the event of a preexisting substandard lot as described above where compliance with the yard and coverage requirements of the district would result in a residential structure of less than the area required in § 118-20, or in width less than 24 feet, the Zoning Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
§ 118-26. Reduction of lot area.
The minimum yards and open spaces, including lot area per dwelling unit, required by this chapter shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot be reduced below the district requirements of this chapter without the approval of the Planning Board pursuant to Article X, Waivers, §§ 103-37 and 103-38 of Chapter 103, Subdivision of Land, of the Code of the Town of Kirkland.
§ 118-27. Corner lots.
On a comer lot in any district in which a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets. One rear yard shall be provided on each comer lot, and the owner shall designate the rear yard on his application for a building permit.
§ 118-28. Visibility at street corners.
On corner lots, except in districts where no front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height, other than Town street or highway signs, shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street lines at points 20 feet distant from the point of intersection, measured along said street lines.
§ 118-29. Front yard exceptions.
In residence districts where the average front yard for buildings existing immediately adjacent to a lot on either side and within 100 feet exceeds the minimum specified, a front yard shall be provided on the lot equal to this greater average depth, but need not exceed 50 feet. Where such average front yard is less than the minimum specified, the building may be built to this lesser depth, but shall not be less than 10 feet from the street line. An adjacent vacant lot shall be considered as having the minimum front yard as required in the district for the purpose of computing such average front yard.
§ 118-30. Transitional yard requirements.
A. Where two districts abut on the same street between two intersecting streets, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to 112 the required depth for the front yard in the more restricted district, but in no event less than the minimum required yard in the less restricted district.
B. Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restricted district.
§ 118-31. Projections into yards.
A. The space in any required yard shall be open and unobstructed, except the ordinary projections of window sills, belt courses, cornices, caves and other architectural features; provided, however, that such features shall not project marc than two feet into any required yard.
B. A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.
C. In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches, or porches open at the side but roofed, shall be considered a part of the building.
D. An open fire escape may extend into any required yard not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
E. Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
§ 118-32. Walls and fences.
The yard requirements of this chapter shall not prohibit any necessary retaining wall or any fence or wall, provided that, in any residence district, no fence or wall shall exceed six feet in height in any front or side yard, and provided further that such fence or wall shall be no closer to any front line than its height. Further, any such wall or fence shall be constructed in a manner that the finished side faces out to the adjoining property and/or road.
§ 118-33. Two houses on one lot restricted.
Two single-family houses on anyone lot shall be permitted if each house conforms to the lot area and yard requirements specified in the district and has required street access and frontage.
§ 118-34. Parking and storage of recreational vehicles restricted.
No travel trailer, boat or boat trailer or recreational vehicle shall be parked or stored in any residential district, except in the side or rear yard. No travel trailer, boat or boat trailer or recreational vehicle shall be used for any residential, commercial or industrial purpose on the premises for a period exceeding two weeks annually. No travel trailer, boat or boat trailer or recreational vehicle shall be located within 10 feet of any property line. For any single property, no more than one type of each unit shall be placed on such property at any given time.
§ 118-35. Swimming pools.
A. Before any private swimming pool is moved, placed, erected, assembled or excavated upon a lot or created by damming a stream, a building permit shall be required. All swimming pool enclosures shall comply with Part 744 of the New York Codes, Rules and Regulations. All public swimming pools shall conform to Part 6 of the New York Codes, Rules and Regulations, Swimming Pools and Bathing Beaches. 13
B. Additions and alterations. A building permit shall be required for any enlargement of an existing pool, for a dressing shelter, a pump house, a filter house, an enclosure for the pool or any other structure erected in conjunction with the swimming pool. Such structures shall conform to all provisions of the New York State Building Construction Code and the Municipal Code and all other rules and regulations of the Town and shall not unduly interfere with the use or enjoyment of the adjacent property.
C. Application. Each application for a building permit to erect, construct, darn a stream or excavate a swimming pool or to enlarge an existing pool or to build an ancillary structure must be accompanied by a building permit fee and by plans in sufficient detail to show the following. These plans, along with structural calculations and details, must be prepared and signed by either the owner of the property or a licensed professional engineer or a registered architect or a recognized pool contractor, who is an accredited member of the National Swimming Pool Institute.
(1) A plot plan of the property on which the swimming pool is to be constructed or placed, showing the location of the swimming pool in reference to the side lines, rear lines, grades, basement and other structures on the property and existing electrical service lines and electrical lines.
(2) The pool dimensions and depths.
(3) The location and dimensions of the fence and any structures or appurtenances built or that are to be built in conjunction with the swimming pool.
(4) The estimated cost of the proposed swimming pool.
(5) The location and type of waste disposal and drainage system for the property.
(6) The location and source of the water supply.
(7) The location, size and description of all proposed electrical connections, lighting (both above and below the ground) and any pool-heating device.
D. Location. The location of a permanent or temporary swimming pool shall conform to all provisions of this chapter except yard requirements but, in any case, must:
(1) Not be placed in the front yard.
(2) Be at least 15 feet from any side yard line and rear yard line.
(3) Be at least 20 feet from any active well, septic tank, leach bed, etc., unless conditions warrant a lessening or increasing of this distance.
(4) Not endanger the health and/or safety of its user and not unduly interfere with the use and enjoyment of the adjacent property.
§ 118-36. Additional height requirements.
A. The height limitations of this chapter shall not apply to features such as belfries, church spires, cupolas, silos, penthouses and domes, which are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to flagpoles, monuments, transmission towers and cables and radio or television antennas or towers. Also, the height limitations of this chapter shall not apply to structures and accessories, such as barns, solar energy systems, dish-type or tower-type receiving antennas and wind energy conversion systems which meet the requirements of §§ 118-22, 118-48 and 118-50 of this chapter. Such features, structures and accessories, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No sign, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the roof limitations.
B. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.
§ 118-37. Earth removal/excavations.
Except when incidental to the construction of a building on the same lot, the excavation and sale of sand, gravel, topsoil, clay or other natural mineral deposit or the quarrying of any kind of rock formation is subject to the approval of the Zoning Board of Appeals. Before issuing a permit for such use, the Zoning Board of Appeals 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 condition. The Zoning Board of Appeals may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, and the final slope of material in any excavation or pit shall not exceed the normal limiting angle or repose of such material, and both the base and top of such slope shall not be nearer than 50 feet to any street line or property line. The Zoning Board of Appeals shall, on its own initiative or upon the petition of any resident within 500 feet from the commercial excavation in question, after a public hearing, have the power and authority to revoke a permit previously granted if its continued use shall be found to endanger the stability of adjacent land or constitute a detriment to public welfare, convenience or safety. Compliance with Environmental Conservation Law, Part 420, State Mined Land Reclamation, may also be required.
§ 118-38. Off-street parking.
A. Off-street parking space shall be required for all uses hereafter established. Minimum parking requirements for the following uses are hereby established:
Use
Off-Street Parking Use Requirements
Dwellings
2 * spaces for each unit
Rooming house, tourist home, motel, hotel or bed-and breakfast
1 space for each guest room, plus 1 additional space
Permitted home occupation
2 spaces for each dwelling unit, plus 1 additional space for each 400 square feet devoted to such home occupation
Financial, business, professional, eleemosynary or governmental office
1 space for each 200 square feet of gross floor area
Funeral home
10 spaces for each parlor, plus parking for all employees and resident personnel
Church or synagogue
1 space for each 5 seating spaces in the main auditorium
School: Elementary
2 spaces for each classroom
High school
5 spaces for each classroom
Fraternity and dormitory
1 space for each 200 square feet of floor area
Theater, amusement facility and other places of assembly
1 space for each 5 seats or 1 space for every 100 square feet of floor space
Hospital or nursing home
1 space for each 2 beds
Medical offices or clinics
5 spaces for each doctor
Retail store or store groups
1 space for each 100 square feet gross floor area
Clubs and restaurants, eating and drinking establishments
1 space for each 100 square feet of floor area
Wholesale, storage, freight terminal or utility use
1 space for every motor vehicle used directly in the business, plus additional parking as required by the reviewing board
Industrial or manufacturing
1 space for each employee on the maximum working shift, plus 5 for visitors
* NOTE: These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed use development or other appropriate circumstances if the reviewing board determines that such reductions are warranted.
B. For uses not specified above, the reviewing board (Planning Board or Zoning Board of Appeals) shall establish parking requirements in specific cases not inconsistent with those specified above.
C. Such required parking spaces for permitted uses in residence districts shall be located on the same lot or tract as the principal use. Parking spaces required for other uses may be located within 400 feet of the principal use to which they are accessory, but not in a residence district.
§ 118-39. Off-street loading.
A. In any district, in connection with every building, or part thereof, hereafter erected and having a gross floor area of 6,000 square feet or more, which is to be occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles or material or merchandise, there shall be provided and maintained, on the same lot with such building, at least one off-street loading space, plus one such additional loading space for each 20,000 square feet or major fraction thereof of gross floor area so used in excess of 20,000 square feet.
B. Each off-street or unloading berth shall be subject to the following minimum requirements:
(1) Each berth shall not be less than 10 feet in width, 25 feet in length and 14 feet in height when covered.
(2) No berth shall be located any closer than 15 feet to any road right-of-way or property line. No such berth shall be located closer than 100 feet to any lot in any residence district unless wholly within a completely enclosed building or unless screened from such lot in a residence district by a wall or a uniformly painted solid fence not less than six feet in height.
§ 118-40. Development and maintenance of parking and loading areas.
Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:
A. Screening and landscaping. Off-street parking areas, inclusive of commercial garages, automobile body shops and used car lots, for more than five vehicles and off-street loading areas shall be effectively screened on each side which adjoins or faces premises situated in any residence district, or institutional premises, by a fence or a hedge. Such fence or hedge shall not be less than four feet or more than six feet in height and shall be maintained in good condition without any advertising thereon. Any space between such fence or hedge and the side lot line adjoining the premises, or the front lot line facing the premises, in any residence district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
B. Minimum distances and setbacks. No off-street parking area for more than five vehicles or off-street loading area shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot. If not in a residence district but adjoining such district, the parking area shall be located 10 feet or more [rum the established street right-of-way line within 50 feet of any residence district.
C. Surfacing. Any commercial or industrial off-street parking or loading area shall have a durable surface so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of vehicles.
D. Lighting. Any lighting used to illuminate any off-street parking or loading areas shall be so arranged as to reflect the light away from the premises in any residence district.
§ 118-41. Signs and advertising devices.
A. Signs should be designed to be compatible with the surroundings and appropriate to the architectural character of the buildings on which they are placed. Sign panels and graphics should relate with and not cover architectural features and should be in proportion to them.
B. Illumination should be appropriate to the character of the sign and surroundings.
C. Groups of related signs should express uniformity and create a sense of harmonious appearance.
D. No building shall be painted, illuminated or otherwise intended for use as a sign that is not in conformance with the regulations set forth in this chapter.
E. Signs shall be constructed of durable materials and shall be maintained in good condition. Signs which are permitted to deteriorate shall be removed upon direction of the Town Board following notification to the owner. No sign, other than those listed as exempt, shall be erected, constructed or placed on a parcel until application has been made and approval granted pursuant to this section. All signs other than those listed as exempt and temporary shall be reviewed and approved by the Planning Board pursuant to this section and § 118-18. The following standards and conditions apply to particular zoning districts:
(1) R-TC, R-R and R-M Zoning Districts. Signs herein permitted shall not be located in or project into the public way or be located above the first story, be more than five feet in height nor less than 10 feet from any side property line. Any illumination shall be white nonflashing, and the sources of light shall be shielded from the street and adjacent lots or properties. Permitted signs are as follows:
(a) Nonilluminated real estate development sign. Such sign shall be located on the property approved for development, shall not exceed 40 square feet in area and shall be set back a minimum of 25 feet from the front property line. Said sign shall be removed within two years from the time of erection, unless an application for extension is submitted to and granted by the Planning Board.
(b) Institutional sign of school, college, church, hospital, medical clinic, sanatorium, convalescent or nursing home or home for the aged or other institution of a similar public or semipublic nature located on the premises, provided that the size of any such sign is not in excess of 20 square feet.
(c) A single nonilluminated sign identifying a home occupation or professional office. Such sign shall not exceed two square feet in area and shall be mounted flush on the dwelling, or as approved by the Planning Board.
(2) Sign requirements in the Commercial Zoning District.
(a) A business sign is permitted, which sign pertains only to a permitted use, product or service available on the premises and is either integral with or attached flat against the building or projects not more than four feet beyond the building line but not over any street right-of-way or above the high point of the roof and does not face any adjoining lot in any residence district.
(b) The aggregate area of any signs on any building or premises shall not exceed 1 1/2 square feet in area for each foot of the frontage of the building displaying such sign or 112 square foot for each foot of frontage of the property occupied by such building or devoted to such use, whichever is the greater. In any event, no aggregate sign area shall exceed 90 square feet or five feet in height. If illuminated, the source of light, except for neon signs, shall be concealed from any lot in any residential district.
(c) In case of a principal use involving no building or in case of a building, the front wall of which is located farther from the street than the required depth of front yard, one pole sign shall be permitted on the premises. Such sign shall not exceed 32 square feet in area for each display surface (maximum two sides of 64 square feet total) and, if located within eight feet of the front property line, shall have a minimum clearance above the ground of 10 feet. The overall height of such sign shall not be more than 18 feet.
(d) Gasoline service stations shall additionally be permitted two price, product or promotional signs each, not exceeding 12 square feet or six square feet per side, if located on the pump island, or set not closer than 10 feet from the edge of the pavement (but not within the street right-of-way), not exceeding eight feet above grade nor situated so as to impair visibility for pedestrians or motorists.
(3) Sign requirements for Industrial Zoning Districts.
(a) Business signs. The requirements shall be the same as for the Commercial Zoning District.
(b) Outdoor advertising signs, billboards and structures shall be set back from the established right-of-way line of any street or highway, at least as far as the required front yard depth for a principal building in such district, provided that, for every square foot by which such sign or billboard exceeds 80 square feet, such setback shall be increased by 112 foot but need not exceed 100 feet, except that at the intersection of any major highways, the setback of any outdoor advertising or billboard shall not be less than 100 feet from the established right-of-way of each such highway. The maximum size of any advertising sign or commercial billboard shall be 10 feet in height and 40 feet in length, and the bottom of such sign shall be at least four feet from the ground and no more than six feet above the ground. If illuminated, the source of light, except for neon signs, shall be concealed from any lot which is in a residence district, and flashing or intermittent lighting shall be prohibited.
(c) No billboard, sign or advertising structure shall be permitted which faces the front or side lot line of any lot in any residence district within 100 feet of such lot line or which faces any public parkway, public square or entrance to any public or private school, library, church or similar institution within 300 feet thereof. Applicants seeking approval to erect a sign adjacent to a state primary highway must also contact the regional New York State Department of Transportation.
(4) Sign requirements for shopping plazas. In shopping plazas, each individual store or other enterprise shall be permitted to have one wall sign of the type permitted under Subsection E(2) of this section pertaining to commercial districts. The design and style of such individual signs shall be coordinated so as to create aesthetic uniformity within the plaza. In addition, the shopping plaza may erect a doublesided directory advertising the name of the shopping plaza and stores on the premises. Such sign shall be freestanding and elevated a minimum of nine feet and a maximum of 20 feet in height, so as not to interfere with vehicular traffic, and shall not exceed 40 square feet in area.
(5) Prohibitions. The following signs are prohibited in all zoning districts in the Town:
(a) No off-premises signs shall be allowed other than as permitted under the exempt signs provision of this section.
(b) No sign shall be illuminated by or contain flashing intermittent, rotating or moving lights except to show time and temperature.
(c) No sign shall impair or cause confusion of vehicular or pedestrian traffic, in its design, color or placement. No sign shall impair visibility for the motorist at a street corner or intersection by placement and location within 20 feet of the intersection of the street right-of-way lines.
(d) No portable sign shall be allowed other than as permitted under the exempt signs provision of this section.
(e) No advertising banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices shall be allowed.
(f) No advertising message shall be extended over more than one sign placed along the street or highway.
(6) Temporary signs.
(a) All signs of a temporary nature, except as otherwise provided by this section, shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. Such signs shall not exceed 16 square feet in business or industrial districts nor eight square feet in residential districts, nor be attached to fences, trees, utility poles, rocks or other parts of a natural landscape, nor be placed in a position that will obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety and welfare of the general public.
(b) A fee as set by the Town Board shall be paid to the Building Inspector upon application for any temporary sign.
(c) A cash deposit equal to the fee shall be deposited with the Building Inspector to ensure removal of such signs upon expiration of the permit period. The Building Inspector, after seven days’ written notice to the permit holder to remove such signs, and after the failure of the permit holder to do so, shall cause said signs to be removed, and the cash deposit shall be forfeited to help defray the cost of removal. The seven days’ written notice provided herein shall be computed from the date of mailing said notice. Said notice shall be directed to the permit holder at the address provided to the Building Inspector on the permit application.
(7) Exempt signs. The following signs are exempt and may be erected and maintained without permits or fees, provided that such signs comply with the general requirements of this section and other conditions specifically imposed by the regulations:
(a) Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.
(b) Flags and insignia of any government, except when displayed in connection with commercial promotion.
(c) On-premise directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding four square feet per face and six feet in height.
(d) Posted or no trespassing signs, not exceeding two square feet per face.
(e) Number and nameplates, identifying residents, mounted on the house, apartment, mailbox or lamppost not exceeding one square foot in area.
(f) Temporary nonilluminated “for sale,” “for lease” or “for rent” real estate signs concerning the premises upon which the sign is located. In a residential zoning district, one sign not exceeding four square feet per side. In a business or industrial zoning district, one sign not exceeding 40 square feet set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.
(g) One temporary nonilluminated sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such sign shall not exceed 24 square feet and be set back at least 10 feet from the public right-of-way.
(h) Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.
(i) One sign, not exceeding six square feet in the residential districts nor 16 square feet in the business districts, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress. All such signs shall be removed within three days after completion of said construction, renovation or repair.
(j) Political campaign posters not exceeding 16 square feet, provided that the total placement time does not exceed 30 days and a period of 11 months shall elapse between the last day of one period of showing and the first day of the next.
F. Nonconforming signs. Nonconforming signs shall be removed. The Building Inspector or Zoning Enforcement Officer shall give written notice to the property owner that his sign is not in conformance with this chapter and must be removed. The property owner may make an appeal to the Zoning Board of Appeals upon receipt of an order from the Building Inspector or Zoning Enforcement Officer. Unless the owner receives a decision from the Zoning Board of Appeals allowing him to retain or modify the sign, the sign shall be removed within 60 days. In the event that the sign is not removed within 60 days, the Building Inspector or Zoning Enforcement Officer shall remove or cause the removal of the sign. A nonconforming sign shall not be altered, enlarged or replaced by another nonconforming sign.
G. Removal of signs.
(1) The Building Inspector or Zoning Enforcement Officer shall be authorized to order the repair or removal of the following signs:
(a) A sign which does not advertise an existing business on the premises.
(b) A sign which obstructs the view of a public highway.
(c) A sign which is abandoned, unsafe or insecure. If the sign is not removed or repaired within 30 days, the Building Inspector or Zoning Enforcement Officer shall revoke the permit issued for such sign and may remove or repair the sign and assess the owner for all costs incurred for such service. The responsibility is the owners.
(2) The Building Inspector or Zoning Enforcement Officer may cause any sign which is a source of danger to persons or property to be removed immediately and without notice.
§ 118-42. Home occupations.
As defined in § 118-2, a “home occupation” is an occupation or profession carried on wholly within a dwelling unit or an accessory structure (use) by a member of the family residing in the dwelling unit and which is clearly incidental to the use of the dwelling unit for residential purposes. The activity must also conform to the following conditions:
A. Not more than one person outside the family shall be employed in the home occupation.
B. There shall be no exterior display or exterior sign, except as permitted under § 118-41, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building (use).
C. No offensive smoke, noise, vibration, dust, odors, heat or glare shall be produced.
D. There shall be strict compliance with the off-street parking requirements of § 118-38 of this chapter. If anticipated motor vehicle use cannot be reasonably accommodated by the off-street parking requirements, home occupation status will not be given to any applicant seeking the same. If after a home occupation has been established and actual vehicle parking use is not satisfied by the off-street requirements, then the premises shall no longer be considered to qualify as a home occupation and shall not continue to be used for such purpose.
E. A home occupation includes but is not limited to the following:
(1) Art studio.
(2) Barbershops and beauty parlors with a dwelling occupied by the same.
(3) Professional office of a physician, dentist, lawyer, engineer, architect or accountant, with the dwelling occupied by the same.
(4) Tutoring and/or teaching with musical instruction limited to a single pupil at a time.
(5) Bed-and-breakfast.
F. A home occupation shall not be interpreted to include the following:
(1) Commercial stables and kennels.
(2) Restaurants.
(3) Funeral homes and mortuaries.
§ 118-43. Mobile home parks.
Any proposal for a mobile home park shall be required to comply with § 118-18 of this chapter. In addition, any proposal for a mobile home park shall be required to comply with Part 7 of the New York State Sanitary Code, together with any revisions thereof.
§ 118-44. Completion of construction.
Final exterior construction shall be completed within 24 months of the date of the issuance of the building permit.
§ 118-45. Veterinary or animal hospitals.
All facilities and services shall be in a completely enclosed air-conditioned and soundproof . building. In addition, any proposal for an animal hospital shall be required to comply with § 118-18.
§ 118-46. Automotive sales and service uses.
Any automobile body shop, as defined in § 118-2, shall not be permitted to have more than three unregistered motor vehicles on the site. Any auto/trailer sales and rental, as defined in § 118-2, shall not be permitted to have more than three uninspected vehicles on site and no more than 100 vehicles total, except by special permit. No more than three uninspected vehicles shall be on the site of a gasoline station or commercial garage, as defined in § 118-2.
In any case, all automotive sales and service uses shall be aesthetically maintained (e.g., no outside storage of parts/materials, an orderly parking arrangement, etc.).
§ 118-47. Farm-related mobile homes.
A. The location of any mobile home in an agricultural district, formed pursuant to Article 25-AA of the New York State Agriculture and Markets Law, shall be in conjunction with an operating farm and for the sole purpose of providing residential quarters for an employee of the farm.
B. Application for the placement of a farm-related mobile home shall be made to the Building Inspector prior to any action by the applicant. The application shall be reviewed by the Zoning Board of Appeals pursuant to this section and § 118-65. The applicant will be required to document that the proposed action will not alter the essential character of the area and, if approved, the application shall be referred to the Planning Board for its review pursuant to § 118-18.
C. There shall be no transfer of land on which to place such mobile home. The ownership of the land on which the mobile home is to be placed shall be maintained by the owner of the farm unit.
D. No mobile home shall be placed on a farm unit unless the occupant of the mobile home is principally employed in the operation of farm.
E. Such permit, if granted, shall be valid for a period of one year, at which time renewal of the permit shall be required. No permanent addition, except an open carport and/or unenclosed porch, shall be permitted for a mobile home in such agricultural district.
ARTICLE VI
Antennas; Solar and Wind Energy Systems
§ 118-48. Dish-type or tower-type receiving antennas.
A. Purpose and intent of regulations. It is the purpose and intent of this section to establish a uniform procedure and criteria to avoid the adverse impact of the installation of dish-type (two feet in diameter or greater) or tower-type receiving antennas and by the enactment of the same to protect the public health, welfare or safety; to protect the aesthetic qualities of the community; and to ensure the unhampered use and enjoyment of properties adjacent to such antennas.
B. Permit required.
(1) No person shall erect, alter or reconstruct any dish-type or tower-type antenna without having first obtained a permit from the Building Inspector.
(2) Application for such permit shall be made in writing on forms provided by the Building Inspector and shall be submitted to the Planning Board for site plan review pursuant to § 118-18 of this chapter. These applications shall contain the following information:
(a) The name, address and telephone number of the applicant.
(b) The location of real property upon which the antenna is to be erected.
(c) Construction drawings ( to scale) showing all contiguous properties and structures thereupon, the proposed method of installation, structural engineering analysis and a site plan depicting structures and plantings on the property.
(d) Documentation of possession of any required federal or state license.
(3) The applicant shall pay to the Building Inspector, upon issuance of an antenna permit, a fee of $10.
C. General regulations. The following regulations shall apply to all dish-type (two feet in diameter or greater) or tower-type antennas:
(1) No dish-type or tower-type antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.
(2) No more than one such antenna shall be permitted on any lot or parcel.
(3) All dish-type or tower-type antennas shall be either freestanding or roof-mounted.
(4) All towers or antennas shall have setbacks from any lot line equal to or greater than the height of the proposed structure.
(5) Distance of any guy anchorage or similar device shall be at least five feet from any property line.
(6) No dish-type or tower-type antenna may be located in a front or side yard.
(7) No dish-type or tower-type antennas, including roof-mounted antennas, shall exceed the height limitations as stated in § 118-36 of this chapter.
(8) When roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.
(9) Suitable protective anticlimb fencing shall be provided and maintained around any structure of greater than 20 feet in height.
(10) The owner of such a structure shall assume complete liability in case of personal or property damage.
D. Procedure for relief.
(1) The Zoning Board of Appeals may grant a special exception from any of the requirements of this section if it finds that all the following conditions exist:
(a) The use shall be of such location, size and character that it will be 10 harmony with the appropriate and orderly development of the district 10 which it is situated and will not be detrimental to the orderly development of adjacent districts.
(b) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that traffic to and from the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.
(c) The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
(2) In granting a special exception, the Zoning Board of Appeals:
(a) May require that technical data be provided to substantiate any claims that the proposed location is necessary to allow proper reception, including certification from the proposed installer of the device that the location of the same cannot be placed anywhere on the premises which would be in compliance with the requirements of Article VI.
(b) May require screening.
(c) May require additional setback from the property line to that imposed by these regulations.
(d) Shall attach such reasonable conditions as it shall require consistent with the intent of these regulations and that the essential character of the neighborhood shall not be disturbed by the installation of any such antenna.
E. Enforcement of antenna regulations.
(1) Notice. When the Building Inspector or Zoning Enforcement Officer determines that there has been a violation of this section, written notice shall be served upon the applicant antenna owner or property owner, by registered or certified mail, return receipt requested, at his last known address, such notice specifying the alleged violation, providing a reasonable time within which the violation is to be corrected, stating what legal remedies will be imposed upon a failure to correct said violation and informing said individuals of their rights pursuant to § 118-63 of this chapter. Such notice of violation shall automatically become a final order if the violation is not corrected within the time allowed or if an application for an appeal in accordance with Article IX herein is not submitted to the Building Inspector or Zoning Enforcement Officer within seven days from receipt of said notice.
(2) Removal of antenna; storage; sale. Upon failure of the applicant antenna owner or property owner to correct the cited violation within the time allowed by the Building Inspector or to apply for an appeal as provided by Article IX, the Building Inspector, by written instruction, shall notify the Town Board of such violation. The Town Board may then direct the Superintendent of Highways to remove such antenna. Such antenna shall be stored for a thirty-day period during which the antenna may be claimed upon proof of ownership and upon payment for the reasonable cost of removal and storage as determined by said Superintendent of Highways. If the antenna is not timely claimed, said Superintendent of Highways is authorized to sell the stored antenna at public auction to the highest bidder or to otherwise dispose of said antenna at his discretion and to thereupon apply the proceeds, if any, to the remaining storage costs.
§ 118-49. Solar energy systems.
The use of solar energy systems, including solar collectors, storage facilities and distribution components, for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes and the generation of electricity is a permitted use within any zoning district within the Town, subject to the following requirements:
A. All proposals for the installation of any solar energy system, either active or passive, shall be required to comply with § 118-18, Site development plan review process.
B. Shading of solar collectors unlawful. When a solar energy collector, whether active or passive in nature, is installed on a lot, structures or vegetation on an abutting lot shall not be constructed so as to block the solar collector’s access to solar energy. The portion of a solar collector that is protected is that portion which:
(1) Is located so as not to be shaded between the hours of 9:00 a.m. and 3:00 p.m. on December 21 by a hypothetical ten-foot wall located on the lot line.
(2) Has an area not greater than 112 of the heated floor area of the structure.
C. Beneficial use. This section shall only protect a solar collector which is actually being used for one or more of the following purposes:
(1) The heating and/or cooling of a building or structure.
(2) The heating of water.
(3) Use in industrial, commercial or agricultural processes.
(4) The generation of electricity.
D. Prior nonconforming uses. Owners or possessors of real property on which a building was located or trees, shrubs or other flora were growing at the time this article became effective and which did cast a shadow during the designated hours greater than that permitted by this section shall not be subject to the provisions of this section, except for meeting the limitations specified below. A prior nonconforming building, tree, shrub or other flora shall not be exempt from the provisions of this article after:
(1) For buildings, it is destroyed to the extent that its fair market value is reduced by at least 50%.
(2) For trees, shrubs or other flora, it is certified dead by a tree surgeon or a specialist in landscaping.
E. This section shall not he construed to limit other means of terminating or regulating nonconforming uses specified in Article VII, §§ 118-53 and 118-54 of this chapter.
§ 118-50. Wind energy conversion systems.
A. The installation of any wind energy conversion system (WECS) shall be required to comply with the provisions of § 118-18, Site development plan review process. Also, the following additional information shall be supplied by the applicant:
(1) The name and address of the applicant.
(2) Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such an application.
(3) A development plan drawn in sufficient detail to clearly describe:
(a) The property line and physical dimensions of the proposed site.
(b) The location, dimensions and types of existing structures and uses of the site.
(c) The location of the proposed WECS.
(d) The location of all aboveground utility lines on site or within one radius of the total height of the WECS, including the furthest vertical extension of the rotor assembly.
(e) The location and size of the largest structure taller than 35 feet or any tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a radius of 500 feet of the proposed WECS.
(f) Where applicable, the location of all transmission facilities proposed for installation.
(g) Where applicable, the location of all road and other service structures proposed as part of the installation.
B. The installation of all wind energy conversion systems (WECS) shall comply with the following requirements:
(1) Size. This section covers those WECS whose swept area is 500 square feet or less. For conventional propeller WECS, this would be a diameter of approximately 25 feet.
(2) Compliance with the New York State Building and Construction Code. Site plan review applications shall be accompanied by standard drawings of the structural components of the WECS and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Building Code. Drawings and engineering calculations shall be certified in writing by a New York State registered engineer. All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a registered engineer shall be deemed to satisfy all applicable requirements of the Building Code.
(3) Compliance with National Electrical Code. Site plan review applications shall be accompanied by a drawing identifying the location of metering, protection and control devices and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Surge Arresters), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators) and 450 (Transformers and Transformer Vaults) of the National Electrical Code. The application shall include a statement from a New York State registered engineer indicating that the electrical system conforms to good engineering practices and complies with the above articles of the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. The above certification by a registered engineer shall be deemed to satisfy all applicable requirements of the National Electrical Code.
(4) Rotor safety. Each WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of towers with available rotors.
(5) Guy wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high, or the wind energy conversion systems (WECS) shall be set back from the property line the total height of the WECS.
(6) Tower access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either tower-climbing apparatus located not closer than 12 feet from the ground; a locked anticlimb device installed on the tower; or the tower shall be completely enclosed by a locked, protective fence at least six feet high.
(7) Electromagnetic interference. A WECS shall comply with the provisions of 47 CFR 15 and 18. The WECS shall be operated such that no harmful interference is caused. When notified by the Building Inspector that a WECS is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference.
(8) Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:
(a) An emergency phone number.
(b) Emergency shutdown procedures.
(c) The name, address and telephone number of the tower owner.
(9) Utility notification. No wind turbine shall be interconnected with a utility company’s grid until said company has been notified and written approval has been received from said utility company.
(10) Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a radius of 200 feet. If an obstruction is within a radius of 201 to 500 feet, the lowest parts of the WECS shall be 10 feet above it.
ARTICLE VIA
Telecommunications Antennas and Towers [Added 10-28-1998 by L.L. No. 9-1998]
§ 118-50.1. Permit and approval required; approving authority.
A. No antenna, tower or related facility shall be altered, changed, erected, installed, modified or used except after application and issuance of a special permit by the Zoning Board of Appeals and final approval of the site plan review by the Planning Board in accordance with Chapter 118 (entitled “Zoning”) of the Code of the Town of Kirkland.
B. The Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove special use permits pursuant to this article. The Zoning Board of Appeals and the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower or accessory structures consistent with Town Law §§ 274-a and 274-b, or any amendments thereto.
§ 118-50.2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURES – Accessory buildings or structures, including base stations designed and used to shelter equipment and/or to support PWS. The term “accessory structures” does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
ANTENNA – A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes, and omnidirectional antennas, such as whip antennas.
PERSONAL WIRELESS SERVICES (PWS) – Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.
TOWER – Any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
§ 118-50.3. Filing fee and engineering expense.
The applicant shall pay to the Town Clerk the initial filing fee and an initial amount for the Town’s engineering expense.
A. The application fee shall be the sum of $2,500, which shall be forwarded to be Town Clerk at the time of the initial application. .
B. The Zoning Board of Appeals and/or the Planning Board may hire a licensed engineer to assist the Board in reviewing and evaluating any application and any request for recertification.
C. The applicant shall deposit with the Town a fund sufficient to reimburse a Town for all reasonable cost of the engineering expenses of the Town of Kirkland in connection with a review of any application or recertification. The initial deposit for such engineering fees shall be a sum not to exceed $3,500. The Town will maintain an account for all such funds. The engineer shall bill or invoice the Town along with the necessary voucher on a monthly basis for such engineering services.
D. If at any time during the review process this account is depleted, additional funds must be deposited with the Town before a further action or consideration is taken on the application. If at the conclusion of the review process, the cost of such engineering services is more than the amount deposited pursuant hereto, the applicant shall pay the difference to the Town prior to the issuance of any special permit. In the event that the amount held by the Town is more than the amount paid to the engineer, the difference shall promptly be refunded to the applicant.
§ 118-50.4. General criteria.
No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Zoning Board of Appeals or Planning Board unless it finds that such telecommunications facility:
A. Is necessary to meet current expected demands for service.
B. Conforms to all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration and other federal agencies.
C. Is considered a public utility in the State of New York.
D. Is designed and constructed in a manner which minimizes visual impact to the extent practical. Maximum height of a tower is limited to 150 feet above the ground upon which the antenna is placed. The Zoning Board of Appeals may allow towers up to 200 feet high if the applicant can demonstrate that, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, off-site views of the tower will be minimized. The height limitation may be waived by the Zoning Board of Appeals when the antenna is mounted on an existing building or structure or to accommodate collocation.
E. Complies with all other requirements of the Code of the Town of Kirkland, unless expressly superseded herein.
F. Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility.
G. When including the construction of a tower, that such tower is designed to accommodate future shared use by other telecommunications service providers. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan review.
§ 118-50.5. Applicability.
No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
A. These regulations shall apply to all property within all zoning districts within the Town of Kirkland.
B. Where these regulations conflict with other laws and regulations of the Town of Kirkland, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
§ 118-50.6. Special use permits and standards.
An applicant shall be required to submit a site plan as described in § 118-18. The site plan shall show all existing and proposed structures and the improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use, as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.
A. The Zoning Board of Appeals or Planning Board shall require a state environmental quality-review (SEQR) environmental assessment form (EAF) for proposed facilities in the community. A visual environmental assessment form (visual EAF) may be required as an addendum to either the full or short EAF. The Zoning Board of Appeals or Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
B. At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally; where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
C. In addition to any other decisions or determination, the Zoning Board of Appeals may also request a referral to the Planning Board prior to the issuance of a special permit or issue a permit subject to the site plan review by the Planning Board.
§ 118-50.7. Collocation requirements.
A proposal for a tower shall not be approved unless the Zoning Board of Appeals finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:
A. The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
B. The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.
C. Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional engineer.
§ 118-50.8. Design.
A. Any proposed tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.
B. The applicant shall submit to the Zoning Board of Appeals a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other PWS providers in the future. The issuance of a permit (assuming the tower is approved according to this article) shall commit the new tower owner and his/her successors in interest to:
(1) Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(2) Negotiate in good faith concerning future requests for shared use of the new tower, by other PWS providers.
(3) Allow shared use of the new tower if another PWS provider agrees, in writing, to pay charges.
(4) Make no more than a reasonable charge for shared use.
§ 118-50.9. Documentation.
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Zoning Board of Appeals shall require that:
A. An applicant who proposes a new tower shall notify, in writing, the legislative body of each municipality that borders the Town of Kirkland and the County Planning Department. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use. Documentation of this notification shall be submitted to the Board at the time of application.
B. In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
§ 118-50.10. Dimensional standards.
A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any antenna(s) attached upon its zenith. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, and may not contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Zoning Board of Appeals on a case-by-case basis.
A. All telecommunications facilities shall be located on a single parcel.
B. All telecommunications facilities shall comply with the setback standards of the underlying zoning district. The size of the leased or owned lot shall be, at a minimum, sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of telecommunications facility shall not result in the creation of a nonconforming lot.
C. The frontage requirement of the underlying zoning district shall not apply, provided that the telecommunications facility is not proposed on a parcel to be partitioned specifically for the Facility and/or is designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or ownership, shall be in accord with § 118-50.13 herein.
§ 118-50.11. Visibility.
All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.
A. Towers shall be not artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding treeline unless other standards are required by the FAA. In all cases, structures offering slender silhouettes (i.e., monopoles or guyed tower) shall be preferable to freestanding structures except where such freestanding structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
B. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
§ 118-50.12. Vegetation/screening.
Existing on-site vegetation shall be preserved to the maximum extent possible.
A. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit use. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
B. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any bean.
§ 118-50.13. Access and parking.
A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private road and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this section.
§ 118-50.14. Security.
Towers and accessory structures shall be provided with security measures to prevent unauthorized entry.
§ 118-50.15. Authority to impose conditions.
The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications tower special use permit, and the Planning Board shall have authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the site plan review.
§ 118-50.16. Removal upon abandonment.
At the time of submittal of the application of a special use permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils.
§ 118-50.17. Surety bond.
At the time of obtaining a building permit and annually thereafter, the applicant and the owner of record of the telecommunications site shall jointly execute and provide a financial surety bond, issued by an insurance company licensed to do business in the State of New York, sufficient to assure the faithful performance of the terms and conditions of any special use permit issued herein. The full amount of the bond shall remain in effect throughout the term of the special permit and/or until the removal of the antenna, tower and accessories. The failure to pay the annual premium shall be a violation of the special permit and shall entitle the Zoning Board of Appeals to revoke the special permit after written notice to the permit holder, mailed by ordinary mail addressed to the name and address recorded by the permit holder in the Town Clerk’s office.
A. The amount of the bond shall be in an amount equal to the cost of the erected antenna, tower and related facility, as certified by the applicant’s licensed engineer, approved by the Town Board and filed with the Town Clerk.
B. At times of the renewal or modification of the special use permit, the Zoning Board of Appeals or the Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.
§ 118-50.18. Annual operation.
The owner/operator of any telecommunications facility shall document annually whether or not the facility is operational and present such document to the Town Clerk and Town Code Enforcement Officer.
§ 118-50.19. Certification of noninterference.
Each application for installation of an antenna shall include a certified statement that the installation of the antenna, including reception and transmission functions, will not interfere with radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications, A final certified statement of noninterference shall be provided and approved by the Planning Board prior to the issuance of a permit. The certified statement shall be prepared by a licensed professional engineer.
§ 118-50.20. Antenna safety.
Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the generally accepted standard for the construction of the communication tower, including but not limited to, EIA\TIA-222-F, Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, and with the FCC standards at the time the permit is issued and annually thereafter. If new more restrictive standards are adopted, the antennas shall be made to comply, or continued operations may be restricted by the Town Board. The cost of compliance shall be borne by the owner and operator of the tower.
§ 118-50.21. Licenses and permits.
The operator of every PWS antenna shall submit to the Town Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension amount thereof when granted.
§ 118-50.22. Assignment; transfer.
Every permit granting approval of the tower shall state that any assignment or transfer of the permits or any rights thereunder may be made only on approval of the Town Board of the Town of Kirkland.
§ 118-50.23. Ten-year review.
The special permit shall be subject to review by the Zoning Board of Appeals at ten-year intervals, to determine whether the technology in the provision of the PWS has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of such change.
§ 118-50.24. Existing antennas.
Antennas and towers in existence, which do not conform to or comply with this article are subject to the following provisions:
A. Antennas and towers may continue in use for the purpose now used and as now existing, but may not be altered, modified, replaced or structurally altered without complying in all respects with this article.
B. If such antennas or towers arc hereafter damaged or destroyed due to any reason or cause whatsoever, the antenna or tower may be repaired and restored to its former use, location and physical dimensions without complying with this article; provided, however, that if the cost of repairing the tower to the former use, physical dimensions and location would be 10% or more of the cost of the new tower of like kind in quality, then the tower may not be repaired or restored except in full compliance with this article.
§ 118-50.25. Penalties for offenses.
A. The penalties set forth in this section are in addition to the provisions relating to the termination or revocation of the special permit. Any person or corporation, whether as owner or lessee, agent or employee, which shall violate any provisions of this article or which fails to comply with any order or regulation made hereunder shall be guilty of an offense and, upon the conviction, shall be punished by a fine not exceeding $250 or imprisonment not exceeding six months, or both, in accordance with the provisions of Article 9 of the Town Law and any amendments thereto and any other statutes relating thereto.
B. Each violation shall constitute a separate additional violation and shall be subject to a separate and additional fine and/or penalty. For the purpose of conferring jurisdiction upon any court, including but not limited to the Town Court of the Town of Kirkland and the respective judicial officers generally, such violation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
ARTICLE VII
Nonconforming Uses
§ 118-51. Continuation.
Any nonconforming use, building or structure which existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations which follow in this article.
§ 118-52. Registration.
All nonconforming uses shall be registered with the Building Inspector by the owner or agent within six months of the date of adoption of this chapter.
§ 118-53. Nonconforming use of land.
A. General restrictions.
(1) The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter.
(2) A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter.
(3) A nonconforming use of land shall not be changed to another nonconforming use. (4) If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
B. Notwithstanding any other provision of this chapter, any automobile or other junkyard or any nonconforming billboard sign or advertising device in existence in any district at the time of adoption of this chapter, or amendment hereto, shall be discontinued within one year of the date of such adoption or amendment, unless a ruling has been requested and received by appeal to the Zoning Board of Appeals in accordance with the following subsection.
C. The amortization period for a nonconforming use of land may be established by the Zoning Board of Appeals in relation to:
(1) The nature of the business.
(2) The amount of the investment.
(3) The number or extent of improvements.
(4) The detriment caused by the nonconforming use.
(5) The character of the neighborhood.
(6) The amount of time needed by the owner to amortize his investment.
§ 118-54. Nonconforming use of buildings.
A. Additions. A nonconforming building shall not be added to or enlarged in any manner, unless such nonconforming building, and the use thereof, is made to conform to all the regulations of the district in which it is located.
B. Alterations and repairs. No structural alterations shall be made to any nonconforming building unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a nonconforming building or structure in sound condition shall be permitted.
C. Changes. A nonconforming use of a building may not be changed, except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.
D. Discontinuance. A nonconforming use of a building or structure, or a portion thereof, which is discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:
(1) Vacancy of a nonconforming use building or discontinuance of a nonconforming use for a period of 12 consecutive months.
(2) Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.
E. Extension. A nonconforming use may not be extended to any other part of such building.
F. Restoration. A building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its true market value at the time of such damage, as adjusted from assessed value, based upon State Board of Equalization rates, shall not be repaired or rebuilt, unless a special permit is granted by the Zoning Board of Appeals. During the process, the applicant must prove that the reconstruction of the preexisting nonconforming use will be noninjurious, will not endanger the health, safety and welfare of the neighborhood or general population and will meet the following criteria:
(1) The building and facilities associated with the proposed use are of similar architectural scale and appearance to existing development in the district or will use an existing building for its purposes.
(2) Minimum visual and functional conflict will be created between the proposed use and nearby uses.
(3) The use will not cause substantial injury to the value of other property 111 the neighborhood where it is to be located.
(4) The lot size and coverage are appropriate to the use.
(5) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to the streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(6) The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the equipment and activities associated with the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(7) Operations in connection with the nonconforming use will not be more objectionable to nearby properties by reason of noise, fumes, noxious vibration, glare or flashing lights than would be the operations of any permitted use.
(8) The use will not cause undue traffic congestions or create a traffic hazard.
(9) Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(10) The use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
(11) The site plan for the use satisfies the requirements of this chapter.
G. Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
H. Validity of permit. Only a building for which a permit has been lawfully granted and on which the construction has been started and diligently pursued before the effective date of this chapter may be completed.
ARTICLE VIII
Administration and Enforcement
§ 118-55. Enforcement and administrative officials.
A. No building permit or certificate of occupancy shall be issued, except in compliance with the provisions of this chapter, and any amendment thereto, or as directed by the Zoning Board of Appeals under the provisions of Article IX and, in addition, unless the requirements of the Subdivision Regulations of the Town of Kirkland Planning Board, if applicable, have been met. Application for building permits and certificates of occupancy shall be obtained and filed in the office of the Town Clerk.
B. The office of Building Inspector and Zoning Enforcement officer are hereby established.
The Building inspector and Zoning Enforcement officer shall be appointed by the Town Board to serve at its pleasure. It shall be the duty of the Building Inspector to administer the provisions of this chapter and of all rules, conditions and requirements adopted or specified pursuant to the same. The Town Board may appoint one or more Deputy Building Inspectors to exercise any or all of the duties of the Building Inspector. The enforcement of the provisions of this chapter and of all the rules, conditions and requirements adopted or specified pursuant to the same may be made by either the Building Inspector, Zoning Enforcement Officer or other officer as the Town Board may appoint.
C. The Building Inspector shall maintain files, open to the public, of all applications for certificates of occupancy and building Pets along with plans submitted therewith as well as final certificates and Pelts.
D. The Building Inspector shall also maintain records, open to the public, of every complaint of a violation of the provisions of this chapter, as well as action taken as a result of such complaints.
E. The Building Inspector shall submit to the Town Board for insertion in the Board minutes a written report summarizing for the month all building permits and certificates of occupancy issued by him as well as complaints of violations and action taken as a result of such complaints.
§ 118-56. Building permits.
A. No building shall be erected, moved, structurally altered, added to, enlarged or a change in its use effected or a change in the use of a property and no excavation for any building shall be begun unless and until a building permit for such action has been issued by the Building Inspector.
B. Applications for building permits shall be submitted in triplicate on a form or forms provided by the Town Clerk. Each application shall set forth the purpose for which the building is intended to be used and a general description of the structure to be erected and shall be accompanied by a plot plan showing the dimensions of required yards, floor elevations and street and lot grades. (See Appendix A.)16 The Building Inspector may require such additional information, other than that called for on the application form, as may reasonably be needed for him to determine if the proposed building, its use and the use of the land are in conformity with the provisions of this chapter.
C. The building permit, when signed and issued by the Building Inspector, shall be posted conspicuously on the premises facing the street or road where the permit authorizes the work to be done. Said building permit shall remain posted until all such construction for which the permit was issued has been completed.
D. A building permit for a conforming use shall expire in six months unless the construction authorized by such permit shall have been started and vigorously prosecuted during that time. The Town Board may extend the building permit for one six-month period if, in its judgment, the facts in the particular situation warrant such extension. Construction shall be initiated within six months of the date of extension of the permit. Failure to do so shall nullify the permit. Final exterior construction shall be completed within 24 months of the date of the issuance of the building permit.
E. The Building Inspector shall inspect the site at the commencement of the initial site work. The date shall be estimated in the building permit application. This inspection should always precede completion of any major foundation work which would effectively commit the construction to a precise location. At this time, the Building Inspector shall substantiate full compliance with the building permit application and this chapter.
§ 118-57. Certificates of occupancy.
A. A certificate of occupancy is required for any of the following. No certificate shall be issued unless the work has been substantially completed in accordance with the plans and specifications.
(1) Occupation and use of a building hereafter erected, altered, moved or extended.
(2) Change in the use of an existing building.
(3) Occupancy and use of vacant land, except for agricultural use.
(4) Change in the use of land, except for agricultural use.
B. A certificate of occupancy shall be issued only if the proposed use of the building or land conforms to the provisions of this chapter. The Building Inspector shall make or cause to have made an inspection of each building or lot for which a certificate of occupancy has been applied before issuing such certificate. Such inspection and determination shall be made within 10 days from the date of application, Saturdays, Sundays and legal holidays excepted. Failure to make such inspection and determination within the specified period of time shall not be deemed to be an approval or a disapproval of the application for certificate of occupancy.
§ 118-58. Penalties for offenses.
A. Any person or corporation, whether as owner, or lessee, agent or employee, who or which shall violate any of the provisions of this chapter; or who or which fails to comply with any order or regulation made thereunder; or who or which erects, alters, moves or uses any building or uses any land in violation of any detailed statement of plans submitted by him and approved under the provisions of this chapter shall be guilty of a violation.
B. A violation of this chapter or of such ordinance or regulation is hereby declared to be an offense, punishable by a fine not exceeding $350 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 $350 nor more than $700 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 $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both; in accordance with the provisions of Article 16 of the Town Law, and any amendments thereto, and any other statutes relating thereto.
C. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
D. Each week’s continued violation shall constitute a separate additional violation.
E. A person or corporation who in violation of this chapter constructs a structure which is in violation of the terms of this chapter or uses the premises in violation of this chapter shall be presumed to have knowledge of those sections of this chapter which are violated. Said person or corporation shall have no benefit whatsoever (including but not limited to economic hardship) by already having completed construction or engaged in use of the premises in violation of this chapter at such time as such construction or use is being considered and/or determined by the Planning Board, Zoning Board of Appeals or any enforcement and/or administrative officials of the Town of Kirkland.
F. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots, blocks or sites in violation of this chapter or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
G. Upon the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.
§ 118-59. Referrals to county.
Pursuant to §§ 239-1 and 239-m of the General Municipal Law of the State of New York, certain classes of zoning actions shall be referred to the Oneida County Department of Planning before final action is taken.
A. The actions to be referred include the following:
(1) Any municipal zoning regulation, or any amendment thereof, which would change the district classification of or the regulations applying to real property lying within a distance of 500 feet from:
(a) Any municipal boundary.
(b) The boundary of any existing or proposed county or state park or other recreation area.
(c) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(d) The existing or proposed boundary of any county or state owned land on which a public building or institution is situated.
(2) Any special permit or variance affecting such real property within such distance of 500 feet. The term “special permit” shall be deemed to include any special permit, use permit, exception or other special authorization which a Zoning Board of Appeals, Planning Board or legislative body is authorized to issue under the provisions of this chapter.
B. Within 30 days after receipt of such referred matter, the Oneida County Planning Department shall report its recommendations thereon to the referring municipal body. If the county agency fails to report within such period or within such mutually agreed extension thereof, the municipal body may act without such report. If the county agency disapproves the proposal or recommends modifications thereof, the municipal body shall not act to the contrary, except by a vote of a majority plus one of its full membership and after adoption of a resolution fully setting forth the reasons for such contrary action.
ARTICLE IX
Zoning Board of Appeals
§ 118-60. Establishment; membership; terms; vacancies.
A. The Zoning Board of Appeals, which has been previously established, IS continued in accordance with the provisions of § 267 of the Town Law.
B. Appointment of members. The Town Board, pursuant to the powers granted by this article, shall appoint a Board of Appeals consisting of five members, each to serve for a term of five years, and shall designate the Chairperson thereof. In the absence of a Chairperson, the Board of Appeals may designate a member to serve as Acting Chairperson. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding the appropriation made by the Town Board for such purpose. In making such appointments, the Town Board may require Board of Appeals members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
C. Appropriation for Zoning Board of Appeals. The Town Board is hereby authorized and empowered to make such appropriation as it may see fit for Zoning Board of Appeals expenses. The Zoning Board of Appeals shall have the power and authority to employ experts, clerks and a secretary and to pay for their services and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board for such Zoning Board of Appeals.
D. Town Board members ineligible. No person who is a member of the Town Board shall be eligible for membership on such Board of Appeals.
E. Terms of members first appointed. In the creation of a new Board of Appeals or the reestablishment of terms of an existing Board, the appointment of members to the Board shall be for terms so fixed that one member’s term shall expire at the end of the calendar year in which such members were initially appointed. The remaining members’ terms shall be so fixed that one member’s term shall expire at the end of each year thereafter. At the expiration of each original member’s appointment, the replacement member shall be appointed for a term which shall be equal in years to the number of members of the Board.
F. Terms of members now in office. Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the calendar year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.
G. Increasing membership. Any Town Board may, by local law, increase a three-member Board of Appeals to five members. Additional members shall be first appointed for single terms as provided by resolution in order that the terms of the members shall expire in each of five successive years, and their successors shall thereafter be appointed for full terms of five years. No such additional member shall take part in the consideration of any matter for which an application was on file with the Board of Appeals at the time of his or her appointment.
H. Decreasing membership. A Town Board which has increased the number of members of the Board of Appeals to five may, by local law, decrease the number of members of the Board of Appeals to three to take effect upon the next two expirations of terms. Any Board of Appeals which, upon the effective date of this section has seven members, may continue to act as a duly constituted Zoning Board of Appeals until the Town Board, by local law, reduces such membership to three or five. However, no incumbent shall be removed from office except upon the expiration of his or her term.
I. Vacancy in office. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
J. Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law.
K. Chairperson duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
§ 118-61. Rules of procedure.
The Zoning Board of Appeals shall adopt rules of procedure governing the organization of the Board and the conduct of its meeting.
§ 118-62. Meetings; minutes; records.
A. Meetings of such Zoning Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Meetings of the Board shall be held as provided in the rules of procedure adopted by the Board.
B. Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days of the issuance of the written decision and shall be a public record.
C. Assistance to Zoning Board of Appeals. Such Board shall have the authority to call upon the Town Building Inspector, Fire Chief, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the United States Department of Agriculture Soil Conservation Service, the New York State Department of Transportation and the New York State Department of Environmental Conservation. Such department, agency or employee may be reimbursed by the applicant for any expenses incurred as a result of such assistance. Should the Board decide that the services of a private consultant are needed during the course of the project review, the associated costs incurred for the private consultants’ services shall be paid in full by the applicant prior to any hearing which the applicant seeks.
§ 118-63. Appeals.
A. Orders, requirements, decisions, interpretations and determinations. The Zoning Board of Appeals may reserve or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination of the appeal is taken. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or any such other administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the Town.
B. Time of appeal. Such appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the Building Inspector or any other administrative official charged with the enforcement of such ordinance or local law by filing with such Building Inspector or other administrative official and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Building Inspector or other administrative official from whom the appeal is taken shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed was taken.
C. Hearing on appeal. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the Town at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such an appeal shall be borne by the appealing party and shall be paid to the Board prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
§ 118-64. Stay upon appeal.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector or other administrative official charged with the enforcement of such ordinance or local law, from whom the appeal was taken, certified to the Zoning Board of Appeals, after the notice of appeal shall have been filed with the Building Inspector or other administrative official, that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, on notice to the Building Inspector or other administrative official from whom the appeal is taken and on due cause shown.
§ 118-65. Powers and duties.
The Zoning Board of Appeals shall have the following powers and duties prescribed by statute and this chapter:
A. Definitions. As used III this section, the following terms shall have the meanings indicated:
AREA VARIANCE – The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
USE VARIANCE – The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
B. Interpretation. The Zoning Board of Appeals may, on appeal from a determination of the Building Inspector, hear and decide on questions where it is alleged that there is an error in any order, requirement, decision or determination made by the Building Inspector involving the interpretation of any provision of this chapter.
C. Orders, requirements, decisions, interpretations or determinations. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
D. Use variances.
(1) The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein.
(2) No such use variance shall be granted by a Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
(a) The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
(b) The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
(c) The requested use variance, if granted, will not alter the essential character of the neighborhood.
(d) The alleged hardship has not been self-created.
(3) The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and, at the same time, preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
E. Area variances.
(1) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.
(2) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination, the Board shall also consider:
(a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
(b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
(c) Whether the requested area variance is substantial.
(d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
(e) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of the area variance.
(3) The Zoning Board of Appeals, in the granting of the area variances, shall grant the minimum variance that it shall deem necessary and adequate and, at the same time, preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
F. Imposition of conditions. The Zoning Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and/or the period of time such variance will be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
G. Approval of special use permits,
(1) Definition of “special use permit.” As used in this section, the term “special use permit” shall mean an authorization of a particular land use which is not a permitted as-of-right use in a zoning ordinance, but may be approved by the Zoning Board of Appeals if it complies with conditions imposed by the ordinance to assure that the proposed use is in harmony with such zoning ordinance and will not adversely affect the neighborhood if such conditions are met. Furthermore, the Zoning Board of Appeals may restrict or deny such permit should it find that the conditions described at Subsection G(4) are not met. A special use permit shall not be granted as a matter of right.
(2) Approval of special use permits. The Zoning Board of Appeals may grant special use permits as set forth in this chapter. The Zoning Board of Appeals may refer the matter to the Planning Board for site plan review or condition its approval on Planning Board approval of the site plan. The Planning Board, upon such referral, may institute the SEQR review process.
(3) Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning area regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
(4) Conditions attached to the issuance of special use permits. The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. These may include, but not necessarily be limited to, the following:
(a) The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.
(b) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.
(c) The location and height of the building, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and building or impair the value itself. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
(d) It shall be the burden upon any applicant seeking a special use permit to establish that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood.
(5) Waiver of conditions. The Town Board may further empower the Zoning Board of Appeals to, when reasonable, waive any preestablished requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the ordinance or local law adopted pursuant to this section, may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
(6) Public hearing and decision on special use permits. The Zoning Board of Appeals shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Town at least five days prior to the date thereof. The Zoning Board of Appeals shall decide upon the application within 62 days after the hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Zoning Board of Appeals on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(7) Notice to applicant and county, metropolitan or regional planning agency. At least 10 days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the applicant and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
(8) Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
§ 118-66. Decisions.
A. Time of decision. The Zoning Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
B. Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
C. Notice to park commission or planning agency. At least five days before such hearing, the Zoning Board of Appeals shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
D. Compliance with State Environmental Quality Review Act. The Zoning Board of Appeals shall comply with then provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
E. The Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based. Such findings and reasons shall include references to the standards of subsections of this article where the appeal is for a variance or a special permit.
F. At its discretion, the Zoning Board of Appeals may require the applicant receiving a variance or special permit to file, in proper form for filing, a copy of the Board’s decision granting such variance or special permit in the office of the Oneida County Clerk.
ARTICLE X
Planning Board
§ 118-67. Creation; appointment.
A. Establishment. The Planning Board is hereby established in accordance with the provisions of § 271 of the Town Law. The Town Board shall, by resolution, appoint the members of such Board and designate the Chairperson thereof. The Town Board may provide for the compensation of Planning Board members. In making such appointments, the Town Board may require Planning Board members to complete training and continuing education courses in accordance with any local requirements for the training of such members.
B. Membership. The Planning Board shall consist of five members to serve for terms of five years. No person who is a member of the Town Board shall be eligible for membership on such Planning Board.
C. Terms of members first appointed. The terms of members of the Board shall be for terms so fixed that the term of one member shall expire at the end of the calendar year in which such members were initially appointed. The terms of the remaining members shall be so fixed that one term shall expire at the end of each calendar year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Board.
D. Terms of members now in office. Members now holding office for terms which do not expire at the end of a calendar year shall, upon the expiration of their term, hold office until the end of the calendar year, and their successors shall then be appointed for terms which shall be equal in years to the number of members of the Board.
E. Increasing membership. Any Town Board may, by local law, increase a five-member Planning Board to seven members. Additional members shall be first appointed for single terms as provided in such resolution in order that the terms of the members shall expire in each of seven successive years, and their successors shall thereafter be appointed for full terms of seven years. No such additional member shall take part in the consideration of any matter for which an application was on file with the Planning Board at the time of his or her appointment.
F. Decreasing membership. A Town Board which has seven members on the Planning Board may, by local law, decrease the membership to five, to take effect upon the next two expirations of terms. However, no incumbent shall be removed from office except upon the expiration of his or her term, except as hereinafter provided.
G. Vacancies. If a vacancy shall occur otherwise than by expiration of term, the Town Board shall appoint the new member for the unexpired term.
H. Removal of members. The Town Board shall have the power to remove, after public hearing, any member of the Planning Board for cause and may provide by local law for removal, after public hearing, of any Planning Board member for noncompliance with minimum requirements relating to meeting attendance and training as established by the Town Board by local law.
1. Chairperson duties. All meetings of the Planning Board shall be held at the call of the Chairperson and at such other times as such Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
J. Appointment of agricultural member. Notwithstanding any provision of this chapter or of any general, special or local law, a Town Board may, if an agricultural district created pursuant to § 303 of Article 2S-AA of the Agriculture and Markets Law exists wholly or partly within the boundaries of such Town, include on the Planning Board one or more members, each of whom derives $10,000 or more annual gross income, from agricultural pursuits in said Town. As used in this subsection, the term “agricultural pursuits” means the production of crops, livestock and livestock products, agricultural products and woodland products as defined in § 301 of the Agriculture and Markets Law.
K. Service on other Planning Boards. No person shall be disqualified from serving as a member of the Town Planning Board by reason of serving as a member of a village or county Planning Board.
§ 118-68. Rules of procedure.
The Planning Board shall adopt rules of procedure governing the organization of the Board and the conduct of its meetings.
§ 118-69. Meetings; minutes; records.
A. Meetings of such Planning Board shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Planning Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Meetings of the Board shall be held as provided in the rules of procedure adopted by the Board.
B. Filing requirements. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Planning Board shall be filed in the office of the Town Clerk within five business days and shall be a public record.
C. Assistance to Planning Board. Such Board shall have the authority to call upon any department, agency or employee of the Town for such assistance as shall be deemed necessary and as shall be authorized by the Town Board. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.
§ 118-70. Appropriation for Planning Board.
The Town Board is hereby authorized and empowered to make such appropriation as it may see fit for Planning Board expenses. In a Town containing one or more villages, or parts thereof, such charges and expenses shall be a charge upon the taxable property of that part of the Town outside of said villages and shall be assessed, levied and collected therefrom in the same manner as other Town charges. The Planning Board shall have the power and authority to employ experts, clerks and a secretary and to pay for their services and to provide for such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board for such Planning Board.
§ 118-71. Rules and regulations.
The Planning Board may, after public hearing, recommend to the Town Board regulations relating to any subject matter over which the Planning Board has jurisdiction under this article or any other statute or under any local law or ordinance of the Town. Adoption of any such recommendations by the Town Board shall be by local law.
§ 118-72. Report on referred matters; general reports.
A. The Town Board may by resolution provide for the reference of any matter or class of matters, other than those referred to in § 118-71 of this article, to the Planning Board before final action is taken therein by the Town Board or other office or officer of said Town having final authority over said matter. The Town Board may further stipulate that final action thereon shall not be taken until the Planning Board has submitted its report therein or has had a reasonable time, to be fixed by the Town Board in said resolution, to submit the report.
B. In addition, the Planning Board shall have full power and authority to make such investigations, maps, reports and recommendations in connection therewith relating to the planning and development of the Town as it seems desirable, provided that the total expenditures of said Board shall not exceed the appropriation provided therefor.
§ 118-73. Decisions.
A. Time of decision. The Planning Board shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board.
B. Filing of decision and notice. The decision of the Planning Board on the appeal shall be filed in the office of the Planning Department and Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
C. Notice to park commission or planning agency. At least five days before such hearing, the Planning Board shall mail notices thereof to the parties; to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in subdivision 1 of § 239-m of the General Municipal Law.
D. Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 “t\TYCRR 617.
E. The Planning Board shall also retain in its files a copy of each decision, which files shall be available for inspection by the public. Each decision shall set forth fully the reasons for the decision of the Board and the findings of fact on which the decision was based.
ARTICLE XI
Amendments
§ 118-74. Policy.
For the purpose of establishing and maintaining sound and stable development and to conserve property values generally, this chapter shall not be amended, except to correct a manifest error in the chapter or to provide for regulations more appropriate to an area because of changed or changing conditions.
§ 118-75. Initiation of amendments.
A. The Town Board may, from time to time on its own motion, amend, supplement, repeal or change the regulations and district boundaries established by this chapter.
B. Whenever the owner or owners of frontage in any district, or part thereof, shall present a petition duly signed and acknowledged to the Town Board, requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Town Board to vote upon said petition within 90 days after the filing of the same by the petitioners with the Town Clerk and to notify the petitioners immediately thereafter.
C. The Planning Board may, by resolution, propose an amendment, supplement, change or repeal of the regulations to the Town Board.
D. Amendments of this chapter may be subject to the State Environmental Quality Review (SEQR) process. The Town Board should identify the type of action the zone change is according to SEQR regulations. Depending on the size of the zone change and several other factors it may be a Type I or an unlisted action. To make a decision, the Board should consult 6 NYCRR Part 617, adopted pursuant to Article 8 of the Environmental Conservation Law.
E. If it is determined that an environmental impact statement will be prepared for the proposal in question, all time frames and deadlines are delayed until a draft environmental impact statement has been filed. An application is not complete, and therefor the review clock does not start, until a determination of no significance has been made or until a draft environmental impact statement is completed.
F. Consultant review. The Town Board may consult with the Town Building Inspector, Fire Chief, Highway Superintendent, other local and county officials and its designated private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation. Should the Board decide that the services of a private consultant are needed during the course of project review, the associated costs incurred for the private consultant’s services shall be paid in full by the applicant prior to any hearing which the applicant seeks.
§ 118-76. Referral of amendments.
A. All proposed amendments originating by petition or by motion of the Town Board shall be referred to the Planning Board, in writing, for a report and recommendations thereon. The Planning Board shall submit in writing its recommendations within 62 days after receiving such referral.
B. Whenever any zoning regulation or any amendment would change a district classification or a regulation applying to real property within a distance of 500 feet from any boundary line of properties in a neighboring municipality or upon other county or state property as described in § 118-59A(l), said zoning regulations or amendments shall be referred by the Town Board to the Oneida County Department of Planning pursuant to § 118-59.
§ 118-77. Hearing; notice to adjacent property owners.
Before any amendment, supplement, repeal or change in the regulations or district boundaries, there shall be a public notice and hearing thereon by the Town Board, as provided by law. In addition to the public notice of a hearing, written notice shall be given to all property owners on record of the land included in such proposed change and situated within 200 feet of the boundaries of the land upon which the proposed change is to be made and the land directly opposite thereto extending 200 feet from the street frontage of such opposite land. Where more than 50 properties are included in any such amendment, supplement, repeal or change in the regulations or district boundaries, and the Town Board, by resolution, determines that notice in writing to each property owner is not practical or feasible, the notice of hearing shall be published in the official paper once a week for three successive weeks and shall be posted in 12 public places in the Town of which six shall be in the area affected.
§ 118-78. Adoption.
After the public hearing, referral to and report by the Planning Board, a majority vote of the members of the Town Board shall be required to amend this chapter, except as described in § 118-79.
§ 118-79. Protest petition.
If a protest against a proposed amendment, supplement, repeal or change is presented to the Town Board, duly signed and acknowledged by the owners of 20% or more of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom; or by the owners of 20% or more of the land directly opposite thereto extending 200 feet from the street frontage of such opposite land, such amendment shall not be passed except by a favorable vote of at least 3/4 of the members of the Town Board.
§ 118-80. Periodic review of chapter.
From time to time, at intervals of not more than three years, the Planning Board shall reexamine the provisions of this chapter and the location of district boundary lines and shall submit a report to the Town Board recommending such changes or amendments, if any, which may be desirable in the interest of public welfare, convenience and necessity.
ARTICLE I
Clark Mills Water District [Adopted 5-5-1955]
§ A121-1. General supervision.
There shall be appointed for the Clark Mills Water District in the same manner and for such term and on such basis as the Town Board may determine, a Superintendent of Water Supply, who, on behalf of the Town Board, shall have general supervision of the operation of the water system in said district, issue all permits required hereby, read meters, and, on or before the 10th day of each month, make a report to the Town Board, by filing the same with the Town Clerk, of all moneys received by him during the previous month, specifying the name of the person or corporation for whose account the same has been paid and for the purpose of such payment, giving such further information as may be helpful to the Board in properly conducting the affairs of the district. On or before said 10th day of each month, said Superintendent shall turn over to the Supervisor all moneys received by him during the previous month. Said Superintendent shall also make report at such other times as may be required by the Town Board by the provisions of the Town Law.
§ A121-2. Depositories for money.
All moneys received by said Superintendent on behalf of the district shall forthwith be deposited in such banks or trust companies as the Town Board may from time to time direct.
§ A121-3. Claims and charges.
Claims and charges against the district shall be audited and paid in the same manner as Town charges.
§ A121-4. Bond of Superintendent.
Said Superintendent shall give bond for the faithful performance of his duties and for rendering a just and true account of all moneys received by him on behalf of the district in such sum as the Town Board may from time to time direct. The premium of such bond shall be a district charge.
§ A121-5. Meters required; type of meters.
Permanent water service shall be rendered by meter only. In order that there may be a uniformity of make and design and to give the greatest efficiency in operation and maintenance, all meters shall be of such make and type as from time to time may be approved by the Board, and shall be procured from the district.
§ A121-6. Application for new services.
A. No person or corporation shall use the water supplied by the district for any purpose whatsoever without having first obtained a permit upon written application therefor, after having first paid the charges pertaining to the introduction of water to the premises.
B. All applications for introduction of water to any premises or for the use of water shall be made upon a blank furnished by the district for such purpose, and shall be signed by the owner or his, her or its duly authorized agent. Such application shall contain a statement of all uses for which water is desired, and a use of water for any purpose other than mentioned in the application shall be sufficient cause to justify discontinuance of water service. Application for additional uses may be made at any time and a permit may be granted therefor.
§ A121-7. Control of mains and services.
No person shall tap any main or distributing pipe or make or interfere with any connection with the water system unless under the direction of and in the presence of the Superintendent, or unless he is an employee of the district or unless specific permission in each case be given by the district; nor shall any person make any alterations or additions in and about water pipes, other than on the consumer’s side of the meter or point of entrance inside consumer’s building being served, unless a written permit shall have been given by the district upon written application therefor.
§ A121-8. Authorized Town representatives.
A list of persons authorized as provided in § A 121- 7 shall be on file in the office of the district.
§ A121-9. Application to connect.
A. Any person or corporation may make application to the Town Board for water services in accordance with these rules and regulations.
B. Application shall be made in accordance with the preceding § AI21-6.
C. Connection and charges shall be made in accordance with § A121-29.
§ A121-10. Construction and excavation near underground facilities. [Amended 2-13-1984]
Construction and excavation near underground facilities shall comply with the provisions of Article 36 of the General Business Law of the State of New York and shall be performed in accordance with the rules and regulations promulgated by the Board of Standards and Appeals of the State of New York, pursuant to § 28-a of the Labor Law.
§ A121-11. Permission required prior to making street opening.
No street or public place shall be opened by any person for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, unless permission shall have been granted by the authority having jurisdiction therein.
§ AI21-12. Safety requirements for street openings.
Whenever any street or public place shall have been opened for the purpose of making a connection with the mains or for the laying of water pipes or fixtures, the applicant shall have proper regard for public safety and convenience, and said street or place shall be restored to its original condition as soon as practicable. Open trenches shall be guarded with barricades, and sufficient warning lights or flares shall be displayed at night.
§ AI21-13. Service installations.
A. Service pipes shall be laid at least five feet below the surface of the ground at all points.
The curb cock shall be installed between the sidewalk space and the curb line close to the curbline. The meter shall be installed within the building to be served as close as practicable to the point where the service pipe enters, unless otherwise directed or permitted by the district, and shall be set with the inlet and outlet in a horizontal line with the register on top and shall be so located as to be readily accessible at all times for reading, inspection or repair. A stop valve shall be provided within the building on the inlet side of the meter. A stop or waste cock shall be provided within the building so located that all piping on the consumer’s side of the meter can be drained whenever necessary. Provision shall be made to prevent hot water from reaching the meter. No red or white lead or joint compound shall be used on joints between the main and the meter. No tee or other fitting through which water can be taken will be permitted on the service pipe between the main and the meter. No branch will be allowed to be inserted in any service pipe without a written permit from the district. Where branches already exist not provided with stop or curb cocks, in case of default in payment of water rent by anyone consumer, the main service may be cut off until the back charges are paid, and the district shall not be liable for damages to any other consumer who may thus be deprived of water. Meters may be set outside of buildings in underground pits only by special permission of the district, and in such cases the construction of the pit, and the method of setting the meter, shall conform to the directions which will be furnished by the district for each specific instance.
B. No pipe or fixtures connected with the mains of the district shall also be connected with pipes or fixtures supplied with water from any other sources, unless specifically approved by the Department of Health of the State of New York.
§ A121-14. Changes in ground elevation.
In the event that a change in ground elevation leaves a service pipe insufficiently buried, the consumer shall promptly lower his service pipe to conform to the new ground elevation. In case the consumer fails or neglects to make such alterations promptly, the supply of water will be shut off until the alterations are completed, and a charge defined in § A121-36 will be made to cover the labor and expense by the district resulting from the consumer’s failure so to do.
§ A121-15. Responsibility for maintenance.
A. Service pipes and meters, and the appurtenances thereto, shall be kept in good repair and protected from the frost by the consumer at his own expense.
B. The owners of premises into which water is introduced by a service pipe, shall be required to maintain in perfect order and repair, at the owner’s expense, said service pipe and its fixtures and appurtenances, from the curb box to and into the premises. All such repairs shall be done under the supervision and direction of the Water Superintendent.
C. Maintenance of street service connection will be performed by the Board at its expense and risk.
D. The customer shall notify the Superintendent promptly of any leak, defect or damage affecting the service pipe between the property line and the point where metered.
§ A121-16. Vacant or demolished premises.
A. In case a house or other building is to be closed or become vacant, notice thereof should be given the district in order that the meter may be read and the curb cock closed. Where such notice is not given and pipes burst from freezing or other cause, the value of water lost by reason thereof, as estimated by the Superintendent, together with the additional sum defined in § A121-36 to cover labor and expense to the district, shall be added to the next bill and be paid in like manner as regular water charges.
B. Where a building is demolished and service is discontinued, the service line must be shut off at the main.
§ A121-17. Completion of connections; inspections.
A. Where a new connection is made with street mains and where new extensions or attachments arc made in unoccupied houses, the curb cock shall be closed by the person making the connection, extension or attachment.
B. Notice of the completion of the work shall be given the district, and the curb cock shall not again be opened until the work has been inspected and approved by the district and the meter read.
C. Pipes and connections between the main and meter shall not be covered until so inspected and approved.
§ A121-18. Meters.
A. Where a water meter fails to register the correct quantity of water delivered through it or where it otherwise becomes out of order or in need of repair, notice thereof shall be given the district. Another meter will then be loaned and installed during the time required for testing and repair. Where repairs are found necessary, the same shall be made by the district. When, in the opinion of the Superintendent, a meter becomes unsuitable for further use, it shall be replaced by another.
B. No charge shall be made for inspection and testing of meters found to be out of order when such have been duly reported; otherwise, a charge per meter as defined in § A12l-36 shall be made to the consumer in addition to the cost of repairing such meter.
C. If a meter is out of order and fails to register, the consumer will be charged at the average consumption as shown by the meter when in order.
D. At the written request of a consumer, the Water Department will test the meter supplying the premises of said consumer. If the meter on test is found to be registering over 3% more water than actually passes through it, no charge will be made for the test; otherwise, a charge as defined in § A121-36 to cover the cost of removing, testing and resetting the meter will be made.
E. No seal placed by the Water Department for the protection of any meter, valve or other water connection shall be tampered with or defaced. If the seal is broken, the Water Department reserves the right to remove and test the meter at the customer’s expense.
§ A121-19. Fire hydrants.
A. No person shall open, interfere with or draw water from any fire hydrant in the district without a permit from the district therefor, except that hydrants may be opened by or on the order of any member of a Fire Department or any fire commissioner within the district in case of fire for the purpose of attaching thereto fire hose and equipment, where a contract for the purpose has been entered into with the Fire District.
B. Whenever a hydrant has been opened and used, notification of such fact shall be promptly given to the district.
C. No tools or implements shall be used to open hydrants, except such as are furnished by the district or by a Fire Department operating within the district.
§ A121-20. Turning on of water after discontinuance.
Where water has been turned off by direction of the district, it shall not be again turned on without the permission of the district.
§ A121-21. Rates and charges.
A. The charges for water service shall be established in §§ A121-36 and A121-3 7, which charges are subject to change by the Town Board from time to time and without notice.
B. The date when water rates and charges become effective is also stated and included in §§ A121-36 and A121-37.
§ A121-22. Bills and payments. [Amended 9-3-1959]
Bills for water service shall become due and payable to the district, and such payment shall be paid to the Superintendent at his office, semiannually on March 30 and September 30 for the semiannual periods respectively ending on the first day of March and September. If such bills are not paid within 30 days thereafter, a penalty of 10% of the amount of such bill will be added thereto. If such bill remains unpaid for a period of 60 days from the due date, water service shall be discontinued until such bill, together with the penalty and the sum defined in § A121-36 to cover expense of discontinuance and restoration of service, is paid.
§ A121-23. Procedure on nonpayment of rents and charges.
A. Water rents and charges, and penalties thereon, shall be a lien upon the real property upon which the water is used, and on or before the day when, under the Town Law, preliminary estimates of expenditures are required to be submitted. The Superintendent shall prepare and file with the Town Board, a statement showing all water rents and charges, with penalties thereon, unpaid for more than 60 days, which said statement shall contain a brief description of the property to which the water was supplied or upon which charges were incurred, the name of the owner liable to pay the same, so far as may be known, and the amount chargeable to each.
B. Such rents, charges and penalties shall not be collected by the Superintendent after the filing of such statement with the Town Board, but may thereafter be paid to the Supervisor until such time as a statement of such unpaid water rents, charges and penalties is submitted to the Board of Supervisors for the purpose of levying the same as a tax against the property affected.
§ A121-24. Notice of discontinuance; liability for charges.
Notice in writing delivered to the district office at least 10 days before the semiannual billing date shall be required in all cases of applications for discontinuance of water service; otherwise, the consumer shall be liable for the minimum charge for the following half-year.
§ A121-25. Meters for multiple occupancies.
Where meters are required, each dwelling or building, or parts thereof, having unrelated occupancy or distinctive use, shall, at the option of the district, have a separate meter. Where water is supplied through a single meter for more than one such occupancy or distinctive use, the minimum charge shall be the regular charge for such meter multiplied by the number of such occupants or distinctive uses, and in order to determine the charge to be made for water used where there is more than one such occupancy or use served by a single meter, the total amount of water delivered as registered by the meter shall be divided by the number of such occupancies or distinctive uses, and the results shall be deemed to be the amount of water delivered for each such occupancy or distinctive use and shall be charged for as if the quantity of water furnished each such occupancy or use was through a separate meter.
§ A121-26. Water used for special purposes.
Water required for use for special purposes, including use for building construction, may be furnished by the district, at the discretion of the Town Board and subject to conditions of service, water rates and charges established by said Board. Application in writing must be submitted to the Town Board for any such request for service.
§ A121-27. Right of entry.
The Superintendent of the district, or his authorized agents, shall have full power to enter the premises of any consumer at all reasonable hours, to read the meter or to examine fixtures, plumbing and the manner of using water.
§ A121-28. Construal of authority of Superintendent.
Wherever it is referred to herein that permission be granted by or that an application be made to, or that an act be done by or that an act be approved by the district, it shall mean the Superintendent of Water Supply of the district.
§ A121-29. Service connections.
A. The corporation cock, curb cock and box, and service pipe from the street main to a point between the outside sidewalk line and the curb line shall be located as designated by the Superintendent of Waterworks for the district. All shall be furnished and installed by the district, if not already existing upon application to the district by the property owner made in accordance with the sections of these rules and regulations as apply to application for water tap or new service.
B. A charge shall be made by the district to the property owner for which the service connection is being provided for the above mentioned work in an amount which shall be established by the district and which may be varied from time to time. Before the connection is made, the applicant for such service connection shall pay the district the full amount of this service connection charge.
C. It is the responsibility of the property owner to provide and pay for all work done and material furnished in the completion of the service connection line from the curb cock to the meter placed on the service line. The service pipes and fittings and the meter settings shall be of a make, size and pattern determined by the Town Board, with the installation of all of these items to be made under these rules and regulations and under the direction of the Superintendent.
§ A121-30. Protection of boilers and other fixtures.
In all places where steam boilers or hot-water tanks are supplied with water from the water system, the owner or consumer must see that the plumber places a suitable safety valve, vacuum valve, or other proper device, to prevent damage from collapse or explosion when water is shut off. The district shall not be liable for any damage resulting from sudden shutting off of the supply of water from any steam boiler or other fixture deriving its supply from the water system.
§ A121-31. Right of district to restrict amount of water used.
The district reserves the right to limit the amount of water furnished to any consumer, should circumstances seem to warrant such action, although no limit may be stated in the application or permit for use; or said district may entirely shut off the water supply used for any manufacturing purpose, or for furnishing power, or for lawn sprinkling, at any time, by giving reasonable notice of such intended action, or in case of making or constructing new work, or in making repairs, or in emergency, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
§ A121-32. Liability for damages.
The district shall not be liable for any damage or loss of any name or kind to property or persons which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatever.
§ A121-33. Standards for fixtures and materials.
Service pipes and fittings, corporation cocks, curb cocks, curb boxes, meters and meter settings shall conform to such standards and shall be of such make and type as the Town Board shall adopt and shall be of such size as the Superintendent deems proper. The minimum size for any service hereafter installed shall, however, be 3/4 inch. Service pipes from the curb cock to the meter, less than two inches in diameter, shall be of pure, seamless, soft-tempered copper tubing with bronze fittings. Tubing shall be of the following thickness:
Nominal Pipe Size (inches)
Outside Diameter of Tubing (inches)
Type
3/4
7/8
K
1
1 1/8
K
1 1/4
1 3/8
K
1 1/8
1 5/8
K
§ A121-34. Discontinuance of service for noncompliance.
The Superintendent may discontinue water service and shut off the supply and remove the meter from any premises the owner or occupant of which has filed to comply with the provisions of these rules and regulations. Such service will not be resumed until the cause for such discontinuance is removed, and the expense of shutting off and turning on the water, if any, is paid to the Town Clerk.
§ A121-35. Acceptance of rules and regulations.
All persons who hereafter make applications for water service, or who continue the use of the water service after the taking effect of the foregoing rules and regulations will be deemed to have assented thereto and to have agreed to conform to the provisions of said rules and regulations and to pay the water rates as established.
§ A121-36. Schedule of charges and monetary amounts. [Amended 2-13-1984]
The charges and monetary amounts referred to in preceding sections as “defined in § A121-36” may be changed from time to time by specific action of the Town Board. The schedule of these charges and monetary amounts now in force shall be on file in the office of the Town Clerk.
§ A121-37. Water rates. [Amended 2-13-1984]
The schedule of charges for water arc as amended from time to time by the Town Board. The current charges are on file in the office of the Town Clerk.
§ A121-38. Reservation of rights.
The right is reserved to change and amend these rules and regulations, to make special rates, variations and contracts in all proper cases, or to turn off the water supply without notice in case of extensions, repairs or other necessity, without liability for damages for lack of water, or for any damage which may result from the turning off of the water supply.
§ A121-39. Penalties for offenses. [Added 2-13-1984]
An offense against the provisions of this ordinance shall constitute a violation under the Penal Law and shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
TOWN OF KIRKLAND
COUNTY OF ONEIDA, STATE OF NEW YORK
Local Law No. 2 of 2020
A Local Law to amend the code of the Town of Kirkland, Chapter 118, Article VI thereof entitled Antenna’s; Solar and Wind Energy Systems and Chapter 118, Section 118-2 entitled Definitions and Usage
BE IT HEREBY ENACTED by the Town Board of the Town of Kirkland as follows:
Section 1.
Chapter 118 of Code of the Town of Kirkland adopted March 2, 1962, amended in its entirety on August 13, 2007 and at various times thereafter, is further modified and amended to provide as follows:
CHAPTER 118
§ 118-2
B. Definitions and Word Usage. As used in this chapter, the following term is added to the Code and shall have the meaning indicated:
SETBACK – The distance from a front property lot line, side property lot line or rear property lot line of a parcel, prescribed by the zoning district regulations and/or applicable section of the Code into which no building, structure or equipment shall project.
Section 2. CHAPTER 118
§ 118-49
Section 118-49 is repealed in its entirety and further amended, modified and replaced to provide as follows:
A. Purpose – The use of solar energy systems, including solar collectors, generating systems, storage facilities and distribution components, for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes and the generation of electricity is a permitted use within any zoning district within the Town and the development and installation of such solar energy systems shall advance the health, safety and welfare of the Town with consideration of the following objectives:
1) To take advantage of a safe, abundant, renewable and non-polluting energy resource;
2) To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
3) To increase employment and business development in the Town to the extent reasonably practical, by furthering the installation of Solar Energy Systems;
4) To mitigate the impacts of Solar Energy Systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources, and;
5) To create synergy between solar and the desire to create a healthy community and to include recreational usage.
B. Definitions – In addition to the definitions set forth in Section 118-2 of this chapter, the following additional definitions shall apply:
1. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM – A combination of solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption.
2. FARMLAND OF STATEWIDE IMPORTANCE – Land, designated as “Farmland of Statewide Importance” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of state wide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of Statewide Importance may include tracts of land that have been designated for agriculture by state law.
3. GLARE – The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
4. GROUND-MOUNTED SOLAR ENERGY SYSTEM – A solar Energy System that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for onsite or offsite consumption.
5. NATIVE PERENNIAL VEGETATION – Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
6. POLLINATOR – Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
7. PRIME FARMLAND – Land, designated as “Prime Farmland” in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)’s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
8. ROOF-MOUNTED SOLAR ENERGY SYSTEM – A Solar Energy System located on the roof of any legally permitted building or structure that produces electricity for onsite or offsite consumption.
9. SOLAR ACCESS – Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive Solar Energy Systems on individual properties.
10. SOLAR ENERGY EQUIPMENT – Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
11. SOLAR ENERGY SYSTEM (SES) – The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, Solar Panels and Solar Energy Equipment. The area of a Solar Energy System includes all the land inside the perimeter of the Solar Energy System, which extends to any interconnection equipment excluding travel aisle space between panels. A Solar Energy System is classified as a Tier 1, Tier 2, or Tier 3 Solar Energy System as follows.
(a) Tier 1 Solar Energy Systems include the following:
(1) Roof-Mounted Solar Energy Systems
(2) Building-Integrated Solar Energy Systems
(b) Tier 2 Solar Energy Systems include Ground-Mounted Solar Energy Systems with a total surface area of all solar panels on the lot of up to 4,000 square feet and that generate up to 110% of the electricity consumed on the site over the previous 12 months.
(c) Tier 3 Solar Energy Systems are systems that are not included in the list for Tier 1 and Tier 2 Solar Energy Systems.
12. SOLAR PANEL – A photovoltaic device capable of collecting and converting solar energy into electricity.
13. STORAGE BATTERY – A device that stores energy and makes it available in an electrical form.
C. Applicability
1. The requirements of this Local Law shall apply to all Solar Energy Systems permitted, installed, or modified in Town after the effective date of this Local Law, excluding general maintenance and repair.
2. Solar Energy Systems constructed or installed prior to the effective date of this Local Law shall not be required to meet the requirements of this Local Law.
3. Modifications to an existing Solar Energy System that increase the Solar Energy System area by more than 5% of the original area of the Solar Energy System (exclusive of moving any fencing) shall be subject to this Local Law.
4. All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (“Building Code”), the NYS Energy Conservation Code (“Energy Code”), and the Town Code.
D. General Requirements
1. A Building permit shall be required for installation of all Solar Energy Systems.
2. Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (“SEQRA”)].
3. The Town is authorized to adopt such permit or permits, which in its reasonable discretion shall be required to fulfill the intent of this Local Law.
4. The permitting fee for Tier 1 and Tier 2 Solar Energy Systems shall be $50.00. The permitting fee for Tier 3 Solar Energy Systems shall be $100.00, plus the reasonable cost of the reviewing boards outside consultant fees (engineering, surveying, legal, etc.). The permitting fees for all Solar Energy Systems shall be set by the Planning Board and are subject to review and modification on a periodic basis. Applicant is also responsible for the actual cost of outside consultant fees and expenses, including without limitation, engineering, surveying and legal.
5. All SES shall generally use neutral nonreflective colors (grey, white or beige) or, in the case of Roof-Mounted SES, shall match the roof or wall color mounted thereon.
6. All utility services and electrical wiring shall be underground and otherwise be placed within the walls or unobtrusive conduit. No conduits or feeds can be laid on the roof. Feeds to the inverter shall run within the building and penetrate the roof at the solar panel location.
7. No signing, except for safety issues, is allowed.
8. Lot coverage: The area occupied by the free standing SES shall be included in lot and building coverage.
9. Standards.
(1) The equipment shall be Underwriters Laboratory (UL) or equivalently listed.
(2) The energy generating equipment shall be approved by the utility company responsible for power transmission and/or oversight.
(3) SES shall be approved for grid connection.
(4) The energy generating equipment shall have its input/output ratings verified by a recognized independent third party.
(5) Contractors installing SES shall be certified by the North American Board of Certified Energy Practitioners (NABCEP). Contractor’s information shall be submitted with the development permit application. Notwithstanding the foregoing submittal, the Contractor installing the SES may be substituted after permit submission so long as the substitute Contractor is NABCEP certified and notice is provided to the Town of Kirkland prior to commencement of work.
(6) Proposed projects shall identify the locations of all trees that may have to be topped or removed so that they do not shade the solar panels.
E. Permitting Requirements for Tier 1 Solar Energy Systems
All Tier 1 Solar Energy Systems shall be permitted in all zoning districts and shall be exempt from site plan review under the local zoning code or other land use regulation, subject to the following conditions for each type of Solar Energy Systems:
1. Roof-Mounted Solar Energy Systems
(a) Roof-Mounted Solar Energy Systems shall incorporate, when feasible, the following design requirements:
(1) Solar Panels on pitched roofs shall be mounted with a maximum distance of [8] inches between the roof surface the highest edge of the system.
(2) Solar Panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(3) Solar Panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(4) Solar Panels on flat roofs shall not extend above the top of the surrounding parapet, or more than [24] inches above the flat surface of the roof, whichever is higher.
(b) Glare: All Solar Panels shall have anti-reflective coating(s).
(c) Height: All Roof-Mounted Solar Energy Systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
(d) Safety: No Roof-Mounted Solar Energy System shall be installed until certified by the installer and codes officer or an engineer that the structure is capable of supporting the SES.
2. Building-Integrated Solar Energy Systems shall be shown on the plans submitted to the Codes Enforcement Officer for the building permit application for the building containing the system.
F. Permitting Requirements for Tier 2 Solar Energy Systems
All Tier 2 Solar Energy Systems shall be permitted in all zoning districts as accessory structures and shall be subject to site plan review under the local zoning code or other land use regulations, subject to the following conditions:
1. Glare: All Solar Panels shall have anti-reflective coating(s).
2. Setbacks: Tier 2 Solar Energy Systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All Ground Mounted Solar Energy Systems shall only be installed in the side or rear yards in residential districts.
3. Height: Tier 2 Solar Energy Systems shall not exceed a height of 15 ft.
4. Screening and Visibility.
(1) All Tier 2 Solar Energy Systems shall have views minimized from adjacent properties to the extent practical in the reasonable discretion of the Planning Board.
(2) Solar Energy Equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.
5. Lot Size: Tier 2 Solar Energy Systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.
G. Permitting requirements for Tier 3 Solar Energy Systems
All Tier 3 Solar Energy Systems are permitted through the issuance of a special use permit within all zones except R-TC and R-M zoning districts, and subject to site plan application requirements set forth in this Section.
1. Applications for the installation of Tier 3 Solar Energy System shall be:
(a) reviewed by the Planning Board for completeness. Applicants shall be advised within 30 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
(b) subject to a public hearing to hear all comments for and against the application. The Planning Board of the Town shall have a notice printed in a newspaper of general circulation in the Town no less than 7 days and no more than 20 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within [200] feet of the property at least [10] days prior to such a hearing. Proof of mailing shall be provided to the Planning Board at the public hearing.
(c) referred to the Oneida County Planning Department pursuant to General Municipal Law § 239-m if required.
(d) upon closing of the public hearing, the Planning Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the Planning Board and applicant.
2. Underground Requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
3. Vehicular Paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
4. Signage.
(a) No signage or graphic content shall be displayed on the Solar Energy Systems except the manufacturer’s name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than [8] square feet.
(b) As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
5. Glare. All Solar Panels shall have anti-reflective coating(s).
6. Lighting. Lighting of the Solar Energy Systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
7. Tree-cutting. Removal of existing trees larger than [6] inches in diameter shall be minimized to the extent possible.
8. Decommissioning.
(a) Solar Energy Systems that have been abandoned and/or not producing electricity for a period [1] year shall be removed at the Owner and/or Operators expense, which at the Town’s option may come from any security made with the Town as set forth in Section 8(b) herein.
(b) A decommissioning plan signed by the owner and/or operator of the Solar Energy System shall be submitted by the applicant, addressing the following:
a. The cost of removing the Solar Energy System.
b. The time required to decommission and remove the Solar Energy System any ancillary structures.
c. The time required to repair any damage caused to the property by the installation and removal of the Solar Energy System.
(c) Security.
a. Escrow Agreement. The Town shall require applicant to fund an escrow agreement to cover the amount of the Town’s cost to review the applicant’s application, including without limitation, decommission plan.
b. The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of adequate security deemed acceptable to the Town attorney and/or engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be [125]% of the cost of removal of the Tier 3 Solar Energy System and restoration of the property together with an annual escalator as is deemed appropriate under the circumstances.
c. In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or adequate security shall be forfeited to the Town which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
d. In the event of default or abandonment of the Solar Energy System, the system shall be decommissioned as set forth in Section 8(b) and 8(c) herein.
e. If a bond is posted to meet this requirement, the bond issuing company must have a current A.R. Best rating of A- or higher. All decommissioning removal and remediation fund requirements must be met before a building permit is issued.
9. Site plan application. For any Solar Energy System requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information:
(1) Property lines and physical features, including roads, for the project site.
(2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(3) A one- or three-line electrical diagram detailing the Solar Energy System layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
(4) A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(5) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the Solar Energy System. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(6) Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the Solar Energy System.
(7) Zoning district designation for the parcel(s) of land comprising the project site.
(8) Property Operation and Maintenance Plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(9) Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
(10) Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect.
10. Special Use Permit Standards.
1) Lot size
a. The property on which the Tier 3 Solar Energy System is placed shall meet the lot size requirements of the underlying zoning district.
2) Setbacks
a. The Tier 3 Solar Energy Systems shall comply with the setback requirements of the underlying zoning district for principal structures. Notwithstanding the foregoing, in no event shall any SES or component thereof be less than fifty (50) feet from any front property line, side property line or rear property line.
3) Height
a. The Tier 3 Solar Energy Systems shall comply with a height not too exceed max height of 15 ft.
4) Lot coverage
a. The following components of a Tier 3 Solar Energy System shall be considered included in the calculations for lot coverage requirements:
I. Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
II. All Solar Energy Equipment, including panels, mechanical equipment, any pad mounted structure for batteries, switchboard, transformers, or storage cells.
III. Paved access roads servicing.
b. Lot coverage of the Solar Energy System, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district, and in no event greater than 25%.
5) Fencing Requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a 6 foot high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.
6) Screening and Visibility.
a. Solar Energy Systems smaller than 5 acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
b. Solar Energy Systems larger than 5 acres shall be required to:
I. Conduct a visual assessment of the visual impacts of the Solar Energy System on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, shall be required to be submitted by the applicant.
II. Submit a screening & landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of Solar Panels and Solar Energy Equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.
i. The screening & landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system, following the applicable rules and standards established by the Town.
7) Agricultural Resources. For projects located on agricultural lands:
1. Tier 3 Solar Energy Systems on Prime Farmland or Farmland of Statewide Importance shall minimize top soil disturbance and grading to extent that is practical and be required to seed [20]% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
2. To the maximum extent practicable, Tier 3 Solar Energy Systems located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
3. Tier 3 Solar Energy System owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. Tier 3 systems shall also be located in such a manner that minimizes significant negative impacts on animal species in this county.
11. Ownership Changes. If the owner or operator of the Solar Energy System changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the Solar Energy System shall notify the Town of such change in ownership or operator [30] days prior to any ownership change.
H. Traffic Routes.
A. Traffic Routes. Construction and delivery vehicles for SES shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include (i) minimizing traffic impacts from construction and delivery vehicles; (ii) minimizing SES related traffic during times of school bus activity; (iii) minimizing wear and tear on local roads (if use of such roads is permitted under this Local Law); and (iv) minimizing impacts on local business operations. Solar Energy Permit conditions may limit SES related traffic to specified routes, and include a plan for disseminating traffic route information to the public.
B. Road Remediation. If any load exceeds the limits of Section 385 of the New York State Vehicle and Traffic Law, the Applicant shall be responsible for remediation of damaged roads upon completion of the installation of the SES. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to local roads, if such use is authorized under this Local Law, that is not corrected by the Applicant. An Applicant shall submit an estimate of costs for restoration to the pre-construction quality and character of local roads for the Town’s approval prior to construction, and this estimate shall be the basis for the bond.
I. Safety.
A. Solar Energy Systems and Solar Energy Equipment shall be certified under the applicable electrical and/or building codes as required.
B. Solar Energy Systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 Solar Energy System is located in an ambulance district, the local ambulance corps.
C. If Storage Batteries are included as part of the Solar Energy System, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.
J. Permit Time Frame and Abandonment
A. The Special Use Permit and site plan approval for a Solar Energy System shall be valid for a period of 12 months, provided that a building permit is issued for construction. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 12 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 18 months, the approvals shall expire.
B. Upon cessation of electricity generation of a Solar Energy System on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the Solar Energy System to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification.
C. If the owner and/or operator fails to comply with decommissioning upon any abandonment of, the Town may, at its discretion, utilize the bond and/or security for the removal of the Solar Energy System and restoration of the site in accordance with the decommissioning plan.
K. Host Community Agreements. Nothing in this Local Law shall be read as limiting the ability of the Town to enter into host community Agreements with any applicant or impose mitigation fees to compensate the Town for expenses or impacts on the community.
L. Enforcement
Any violation of this Solar Energy Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town.
M. Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 3. Statement of Authority
This Local Law is adopted pursuant to authority vested in the Town Board by New York State Constitution Article IX, Section 2; Sections 10, 11, 12, 14 and 22 of the New York Municipal Home Rule Law; relevant portions of the New York Town Law; The Code of the Town of Kirkland; and the general police power of the Town of Kirkland to promote health, safety, and welfare of all residents and property owners in the Town.
Section 4.
All other provisions of Chapter 118 of the Code of the Town of Kirkland, and amendments thereto, are hereby affirmed except to the extent that this Local Law shall modify or amend.
Section 5.
This Local Law shall become effective upon filing in the office of the Secretary of the State of New York as provided in Section 27 of the Municipal Home Rule Law.
TOWN OF KIRKLAND
COUNTY OF ONEIDA, STATE OF NEW YORK
LOCAL LAW NO. 3 OF 2020
A Local Law to override the tax levy limit established in General Municipal Law §3-c.
BE IT ENACTED by the Town Board of the Town of Kirkland as follows:
Section 1. Legislative Intent.
It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Kirkland, County of Oneida pursuant to General Municipal Law § 3-c, and to allow the Town of Kirkland, County of Oneida to adopt a town budget for (a) town purposes, (b) town highway purposes, (c) fire protection districts, and (d) any other special or improvement district governed by the town board for the fiscal year 2021 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c.
Section 2. Authority.
This local law is adopted pursuant to subdivision 5 of General Municipal Law § 3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Town Board of the Town of Kirkland, County of Oneida, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2021 that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law § 3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstances is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.