Meeting Overview

TOWN OF ORANGETOWN

 WORKSHOP/PUBLIC HEARING

TUESDAY, FEBRUARY 6, 2018

 

This meeting was opened at 8:00 p.m.  Supervisor Day presided and Charlotte Madigan, Town Clerk, called the roll.  Present were:

 

Supervisor Chris Day

Councilman Denis Troy

Councilman Thomas Diviny

Councilman Paul Valentine

Councilman Gerald Bottari

 

Also present:

Amanda Hyland, Supervisor’s Confidential Assistant

Charlotte Madigan, Town Clerk

Joseph Thomassen, 1^st Deputy Clerk/Collector

John Edwards, Town Attorney

Teresa Kenny, Deputy Town Attorney

Jeff Bencik, Finance Director

James Dean, Superintendent of Highways

Jane Slavin, Director of OBZPAE

Joseph Moran, Commissioner of DEME

Aric Gorton, Superintendent of Parks, Recreation & Building Maint.

Kevin Nulty, Police Chief

 

Pledge of Allegiance to the Flag of the United States of America:  Town Board

 

Clara Reichert, Keri Mc Aleer, Ashley Harrington, Erin Mc Cabe, Lisa Gallagher, Julia Branzetti, and Caroline Reichert, Troop Leader of Girl Scout Troop #40125 were presented with Certificates of Recognition for their volunteer work at the Conway House.

 

Wilbur T. Aldridge and Frances Pratt received a Proclamation, on behalf of Orangetown, recognizing their contributions to the NAACP and declaring February 2018 Black History Month, in Orangetown.  Supervisor Phillips, Haverstraw, also congratulated Wilbur and Frances.

 

The Town Board took a 10 minute recess.

 

RESOLUTION NO. 55                                            CONTINUE PH/ PROPOSED LOCAL LAW AMENDING CODE §6-5, CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION; ZONING CODE CHAPTER 43 §4.11, §4.12 AND §4.13 PERFORMANCE STANDARDS, §10.222, §10.323, §10.334 AND §10.335, ADMINISTRATION AND ENFORCEMENT

 

Supervisor Day offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

RESOLVED, that the Public Hearing, to consider the adoption of a Local Law amending the Code of the Town of Orangetown, Chapter 6, entitled Building Construction Administration, §6-5; and Chapter 43, entitled Zoning, Article IV,§4.1, entitled Performance Standards, and §4.11, §4.12 and §4.13 thereof, and Article X, entitled Administration and Enforcement, §10.222, §10.323, §10.334 and §10.335; is hereby open.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

Charlotte Madigan presented the Affidavit of Publication and Notice of Posting; copies are labeled Exhibit 01-B-18 and made a part of these minutes.

 

Summary of Public Comments:

John Curran, Attorney for Aluf Plastics, submitted comments letters (Exhibit 01-C-18).  The proposed amendments fall far short of the mark of establishing a fair, workable and effective enforcement regime.

Allyson Sullivan, Blauvelt, asked who will be tracking the odors, inspecting the facilities and enforcing this new Code.

Heather Hurley, Pearl River, Who determines whether it is steam or water vapor; Does this include research and development facilities; how are after hour complaints going to be handled?

Sander Bonvell, Environmental Chemist with Med Air Associates, representing Orangetown said the original idea was to update the Performance Standards.  This is the first draft and will be added too.

 

 

PROPOSED LOCAL LAW

AMENDING CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION, §6-5;

CHAPTER 43, ENTITLED ZONING, ARTICLE IV, §4.1, PERFORMANCE STANDARDS, §4.11, §4.12 §4.13, AND ARTICLE X, ADMINISTRATION AND ENFORCEMENT, §10.222, §10.323, §10.334 & §10.335.

Be it enacted by the Town Board of the Town of Orangetown as follows: Section 1: Purpose: The Town Board (“Board”) of the Town of Orangetown,

New York (“Town”) hereby finds that there is a critical and compelling need, in

the public interests as set forth herein, to protect the health, safety and welfare of its residents to ensure that properties do not emit or cause to be emitted dangerous or objectionable levels of smoke, particulate matter, and odor. The objective of this local law is to clarify Chapter 43 (Zoning) § 4.163, § 4.164, and

• 4.182 of the Code of the Town of Orangetown (“Orangetown Code”), relating

to emissions, and to make related enforcement, procedural and administrative changes, including changes to Chapter 6 (Building Construction Administration).

 

Section 2: Chapter 6 (Building Construction Administration), § 6-5, of the

Orangetown Code shall be amended, and, as amended shall read as follows:

 

• 6-5 Duties and powers of the Building Inspector.

 

* * *

1. B. The Building Inspector shall receive applications and issue permits for the erection, alteration, removal and demolition of buildings or structures or parts thereof, and shall examine the premises for which such applications have been received or such permits have been issued for the purpose of insuring compliance with laws, ordinances and regulations governing building construction.

 

1. C. The Building Inspector shall issue all appropriate notices or orders to

remove illegal or unsafe conditions, to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinances or regulations. The Building Inspector shall make all inspections which are necessary or proper for the carrying out of his duties, except that he may accept written reports of inspection from Building Inspectors, or other employees, of the Building Department Town of Orangetown’s (hereinafter referred to as “Orangetown”) Office of Building, Zoning and Planning Administration and Enforcement (hereinafter referred to as “OBZPAE”), or from generally recognized and authoritative reputable service and inspection bureaus, provided the same are certified prepared and signed by a qualified professional responsible official thereof.

 

1. D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations covering relating to building construction, he the Building Inspector may require the performance of tests in the field, or on-site of private property subject of a building permit application, by experienced, qualified professional(s) persons, or by accredited and authoritative reputable testing laboratories, or service bureaus or agencies.

 

 

Proposed Local Law – Performance Standards

 

4. E. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable statutes, codes, laws, ordinances or regulations relating to the use, maintenance or occupancy of land or buildings, including, but not limited to, assuring compliance with the Performance Standards set forth in §4.1 of Chapter 43 (Zoning Code) of the Orangetown Code, and/or to assure compliance with the conditions of any applicable Orangetown land use board approval decisions, the Building Inspector may inspect, investigate and/or conduct tests, on-site of private property subject of a building permit application, which may include, with regard to the

Performance Standards, inspecting, investigating and/or conducting tests while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the Performance Standards, are in full operation. For purposes of said inspections, investigations and/or tests, the Building Inspector may engage, employ or retain the services of the Orangetown Department of Environmental Management and Engineering (hereinafter referred to as “DEME”), and/or expert consultants, to the extent, type and/or degree that the Building Inspector, DEME, and/or the expert consultants, deems necessary.

 

(i). If, as a result of the Building Inspector’s said inspection, investigation and/or testing, relating to an alleged violation of, or non-compliance with, the Performance Standards (Zoning Code §4.1) on the part of any nonresidential use subject to the Performance Standards (hereinafter referred to as “industrial user”), the Building Inspector has reasonable grounds to believe that a violation, or non-compliance, exists, the Building Inspector shall notify the Zoning Board of Appeals of the occurrence or existence of such possible violation, or non-compliance, in accordance with Zoning Code §10.335.

 

(ii). If, after public hearing on due notice, in accordance with Zoning Code

• 4.13, the Zoning Board of Appeals finds that a violation, or non-compliance, occurred or exists, and revokes and rescinds its Performance Standards (Zoning Code §4.1) approval decision, then the Building Inspector may revoke and rescind any Building Permit and/or Certificate of Occupancy that had been issued based upon such approval decision.

 

Section 3: Chapter 43 (Zoning) §4.1 Performance Standards shall be amended, and, as amended shall read as follows:

 

• 4.1. Performance standards.

All references herein contained to certain standards which indicate a publisher and date are hereby deemed to mean the latest revised edition of such standard. Where a federal, state, county or local agency promulgates standards which are inconsistent with, or different from, those herein enumerated, the more restrictive standards shall control. Unless otherwise stated, all citations to statutory sections (“§”) are from Chapter 43, the Zoning Code, of the Code of the Town of Orangetown (hereinafter referred to as “Orangetown” and “Zoning Code”).

 

4.11. Applicable to all nonresidential uses. No land or building shall be used or occupied for a nonresidential use in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; a condition conducive to the breeding of rodents or insects or other substance, condition or element, all referred to herein as “dangerous or objectionable elements,” in a manner or amount as to adversely affect the surrounding area. However, any nonresidential use, except those expressly prohibited by this code in §4.4, may be undertaken, and maintained, if it conforms to the district regulations, and the regulations of §4.1, performance standards, limiting dangerous and objectionable elements at the point of determination of their existence as provided in this section§4.1.

 

4.12. Performance standards procedure. Only those uses specified in the Zoning Code Use Table, Columns 2, 3 and 4, as are subject to the performance standards procedure of §10.334, §4.12, are subject to performance standards procedure requiring the Orangetown Zoning Board of Appeals’ (hereinafter referred to as “ZBA”) approval as specified in §10.334 in obtaining a building permit or certificate of occupancy, or both

Proposed Local Law – Performance Standards

 

(hereinafter referred to as “industrial user”), unless the Building Inspector has reasonable grounds to believe that any other proposed use, including any building or use accessory to a use subject to performance standards procedure, is likely to violate performance standards, in which event the applicant industrial user shall comply with the procedure in §10.334 in obtaining a building permit or certificate of occupancy, unless the ZBA Board of Appeals finds that compliance therewith is unnecessary.

 

4.13. Initial, and continued, enforcement provisions. Whether or not compliance with performance standards procedure in §10.334, in obtaining a building permit or certificate of occupancy, is required for any particular use,

 

(a). Initial, and continued, compliance with performance standards is required of every new nonresidential use, or change in such use, including, but not limited to, §10.231(c), in all Zoning Districts, as provided in §10.335, for all nonresidential uses that are subject to §4.1. Pursuant, but not necessarily limited, to §4.13, §10.334(c) and §10.335, initial, and continued, compliance with the performance standards (§4.1) is required, and all building permits and certificates of occupancy, issued for a use subject to §4.1, is conditioned, and contingent, upon the industrial user conforming to the performance standards, and the industrial user’s paying of the fees, to the Town of Orangetown, for services of Orangetown’s own expert consultants deemed reasonable and necessary by Orangetown’s Department of Environmental Management and Engineering (hereinafter referred to as “DEME”), Orangetown’s Office of Building, Zoning and Planning Administration and Enforcement (hereinafter referred to as “OBZPAE”), and/or the ZBA, for said consultants’ inspections, investigations, research, studies, tests, advice and/or reports relating to determining compliance with the industrial user’s conformance to the performance standards (§4.1).

 

(b). The industrial user’s initial, and continued, compliance with the performance standards (§4.1) shall include the following:

 

(i). Inspections, investigations and/or testing, on the industrial user’s site, while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards (§4.1), are in full operation, by OBZPAE, DEME, and/or the Orangetown-retained expert consultants, to the extent, type and/or degree that OBZPAE, DEME, and/or the Orangetown-retained expert consultants, deem necessary.

 

(ii). The industrial user’s full, and complete, compliance with any and all laws, statutes, rules and regulations of the NYS Department of Environmental Conservation and federal Environmental Protection Agency, that also regulate the use that is subject to the performance standards (§4.1).

 

(iii). OBZPAE, DEME, and/or the Orangetown-retained expert consultants, shall investigate any alleged violation of, or non-compliance with, the performance standards (§4.1) by the industrial user, as per §4.13(b)(i); and, if there are reasonable grounds to believe that a violation, or non-compliance, exists, OBZPAE, DEME, and/or the Orangetown-retained expert consultant(s), shall notify the ZBA, in writing, of the occurrence, or existence, of a probable violation, or non-compliance, thereof. Upon receiving such notification, the ZBA may further investigate the alleged violation or non-compliance, if the ZBA deems it necessary in its discretion; and, for such further investigation, the ZBA may utilize, or retain, the services of OBZPAE, DEME, and/or the Orangetown- retained expert consultants. Thereafter, after holding a Public Hearing on due notice, including notice to the industrial user (except for posting of signs at the industrial user’s subject site, which signs shall not be required), the fees for which Public Hearing shall be paid for by the industrial user, if the ZBA finds that a violation, or non-compliance, occurred or exists, the ZBA may revoke and rescind its performance standards (§4.1) approval decision, and any building permit and/or certificate of occupancy that has been issued, based upon such approval decision, shall also be deemed revoked and rescinded; which shall be in addition to any other legal remedies that the Town of Orangetown may pursue, including, but not necessarily limited to, prosecution of violations in the Orangetown Justice Court pursuant to §10.2 and/or §10.6, and/or

Proposed Local Law – Performance Standards

 

commencement of a civil action or proceeding in the NYS Supreme Court, pursuant to NYS Town Law §135(1) and/or §268(2).

 

* * *

 

4.163. Smoke. There shall be no emission and/or discharge into the atmosphere at any point from any chimney, stack, vent or otherwise, of visible black, gray or white smoke other than that caused by steam, of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines (Power’s Micro-Ringelmann Chart, McGraw Hill Publishing Company, 1954, may be used), except that visible gray smoke of a shade not darker than No. 2 on said chart may be emitted for not more than four minutes in any 30 minutes. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity., or exhibiting greater than 20 percent opacity (6-minute average) per EPA Method 9,.

 

Exceedance during two consecutive days requires the opacity producer to conduct EPA Method 9 analysis within two business days of occurrence – or evaluate Continuous Opacity Monitoring System(s) (COMS) during the same period. – and Aa facility-responsible person must notify the Town within one business day of receiving the assessment results, as well as provide any other credible evidence. The Town will evaluate compliance and determine further action.

 

4.164.(a) Fly ash, dust, fumes, vapors, gases and other forms of air pollution derived from combustion. There shall be no emission and/or discharge which can any cause damage to the health, to of humans or other animals, or vegetation, buildings or structures, or other forms of property, or which can cause any excessive soiling. of any point and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and

50% excess air.

 

Emissions related to combustion must comply with the standards and regulations set forth in the New York State Department of Environmental Conservation’s 6 NYCRR Subpart 227-1, Stationary Combustion Installations, as amended and/or supplemented from time to time, as applicable.

 

4.164.(b) Ash, dust, fumes, vapors, gases and other forms of air pollution not derived from combustion. There shall be no emission and/or discharge which can cause any damage or injury to the health of humans and other animals, or vegetation, buildings or structures or other forms of property, or which can cause excessive soiling.

 

Emissions of air contaminants to the outdoor atmosphere from any process emission source or emission point are restricted in accordance with the New York State Department of Environmental Conservation’s 6 NYCRR Subpart 212, Process Operations, as amended and/or supplemented from time to time, as applicable.

 

* * *

 

4.181. Noise. At the specified points of measurement, The the sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values given in Table I in any octave band of frequency., in order to provide an environment free from noise that affects people’s well-being and use, enjoyment and value of property, or that interferes with the repose of life, or would unreasonably or unnecessarily interfere with public health, safety, and welfare.

 

In the event of noise complaints arising from residents, commercial, or other Town inhabitants, the The sound-pressure level shall be measured with a sound-level meter and an octave band analyzer that conforms to specifications published by the equipment manufacturers, and such standards as published by the American National Standards

Proposed Local Law – Performance Standards

 

Institute (ANSI), the American Society for Testing and Material, or other contemporary standards-establishing organization accepted in the United States. by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, Z24.3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave- Band Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)

 

Unless otherwise resolved with the Town, the owner or operator of the location/source of such elevated, complaint-producing noise, shall prepare and provide a Noise Monitoring Plan to the Town within 10-business days of written notice by the Town, and such Plan shall be implemented within 10-business days of Plan approval by the Town, and the written report of such monitoring shall be provided to the Town within 10-business days following completion of noise monitoring. Failure to meet noise compliance will result in cessation of the offending noise source until compliance is met. The Noise Monitoring Plan will employ “A-weighting” unless another weighting scale is more appropriate, and shall address:

 

1. i) The number and location of monitoring sites;
2. ii) The timing and frequency of surveys;

iii) Methods and standards to be followed. This will include methods used to identify and remove measurement results for time periods affected by sound associated with any temporary events or activities (such as noise from non- related construction or other activities), and during periods where wind speeds exceed 5 m/s or the rainfall rate exceeds 6 mm/hour; and

 

1. iv) Timeframes for monitoring and reporting to the Town in the event they are otherwise than stated in this Performance Standar

 

TABLE I

Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m.

Frequency Band Cycles per second Sound Pressure Level Decibels

 

‘A-weighted’ scale (dBA) *

Re. 0.002 dyne/cm.2

20-75 69

75-150 54

150-300 47

300-600 41

600-1200 37

1200-2400 34

2400-4800 31

4800-10,000 28

 

 

 

* ‘A-weighted’ scale (dBA) is the filtering of sound measurement to account for the perceived loudness of noise not necessarily correlating with sound levels. Sound level meters set to A-weighting minimize low-frequency noise similar to the human ear, Sound intensity is measured in units of decibels, dB.

 

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I.

 

TABLE II

Type of Operation of Character of Noise Correction in Decibels

Daytime operation only Plus 5

Noise source operates less than 20% of any one hour Plus 5*

Noise source operates less than 5% of any one-hour period Plus 10* Noise source operates less than 1% of any one-hour period Plus 15*

Noise of impulsive character (hammering, etc.) Minus 5

Noise of periodic character (hum, screech, etc.) Minus 5

Proposed Local Law – Performance Standards

 

* Apply one of these corrections only.

 

4.182. Odors. No emission of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involving the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, Table III (Odor Thresholds) in Chapter 5, Air Pollution Abatement Manual, Copyright 1951 by Manufacturing Chemists’ Association, Inc., Washington, D.C.

 

No person, entity or process will emit, or cause or allow to be emitted, There shall be no emission and/or discharge of objectionable odors or other matter present in the ambient air that, by itself or in combination with other odors, gases or vapors is offensive, foul, unpleasant or repulsive to olfactory reception, beyond the property borders of the emitting source.

 

Odor(s) will be deemed objectionable when documented assessment by the Town shows evidence that the odor likely could, or does, cause injury, detriment, nuisance or annoyance to persons or to the public, based on observations of the odor’s nature, intensity, duration, location, and level of complaint.

 

Upon documented assessment by the Town of the existence of an objectionable odor the Town will notify the odor producing facility and direct that an Odor Control Plan acceptable to the Town be submitted that outlines the operational cause of the violation, chemistry of the offending odor(s), literature evidence of odor thresholds and impacts, methods proposed to mitigate the problem, and the schedule by which the Plan will be implemented and completed.

 

To enforce this Performance Standard, objectionable odors will be considered detected and a violation of this Section 4.182 when either:

 

(i) A Town inspector/code enforcement officer detects an objectionable odor;

or

 

(ii) The Town receives initially five (5) or more complaints from individuals, households or businesses within seven (7) days, or fifteen (15) or more complaints within a 30-day period. The Town’s odor complaint records will include:

 

1. a) Name, address, email and phone number of complaina
2. b) Time and date of call.
3. c) Description of nuisance odor.
4. d) Estimated location or source of complaint.
5. e) If possible, prevailing wind or weather conditions observed
6. f) If OBZPAE or DEME finds noncompliance, as per above (first bullet), then there shall be deemed noncompliance; and

(iii) One (1) volume of the odorous air has been diluted with up to five (5) volumes of odor-free air and the odor is still perceptible, as measured by the Town through the use of reliable olfactometer field instruments, devices, or methods; and

Section 4: Chapter 43 (Zoning) § 10.2 Enforcement shall be amended, and, as amended shall read as follows:

* * *

10.222. Permits granted only in conformance with regulations.

1. A. No permit shall be issued unless the proposed construction of and use is are in full conformity with all the provisions of this this Zoning Code, and all

other applicable land use and/or building statutes, codes, laws, ordinances or regulations. Any permit issued in violation of the provisions of this Zoning Code

shall be null and void, and of no effect, without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken, or use established, pursuant to any such permit shall be unlawful.

 

 

 

Proposed Local Law – Performance Standards

 

5. B. After the effective date of this this Zoning Code, division of any parcel of land shall conform to all the applicable bulk regulations, except as permitted under 5.21 of this Code.

 

1. C. The Inspector may revoke a permit theretofore issued, and approved, in the following instances:

 

(ai) Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans, drawings, plat or specifications on which the permit was based;

 

(bii) Where he finds that the permit was issued in error, and should not have been issued in accordance with the applicable law(s);

 

(ciii) Where he finds that the work performed under the permit is not being prosecuted conducted in accordance with the provisions of the application, plans, drawings, plat or specifications; or

 

(div) Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Inspector.;

 

(v) Where he finds that the conditions of any applicable Orangetown land use board approval decisions have not been complied with.

 

1. D. Whenever the Inspector has reasonable grounds to believe that work on any land, building or structure is being prosecuted conducted in violation of the provisions of the any applicable land use and/or building statutes, codes, laws, ordinances or regulations, or not in conformity with the provisions of an application, plans, drawings, plat or specifications, or the conditions of any applicable Orangetown land use board approval decisions, on the basis of which a permit was issued, or in an unsafe and dangerous manner, he the Inspector shall notify the owner of the property, or the owner’s agent, or the person performing the work, to suspend all work, and any such persons shall forthwith stop such work, and suspend all building activities, until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail U.S. Postal Service First Class Mail.

 

4. E. If, after holding a Public Hearing on due notice, in accordance with Zoning Code §4.13, the Orangetown Zoning Board of Appeals finds that a violation of, or non-compliance with, the Performance Standards (Zoning Code 4.1) occurred or exists, and revokes and rescinds its Performance Standards approval decision, then the Building Inspector may revoke and rescind any Building Permit and/or Certificate of Occupancy that had been issued based upon such approval decision, in accordance with Zoning Code §4.13(b)(iii).

 

 

Section 5: Chapter 43 (Zoning) § 10.3 Board of Appeals shall be amended, and, as amended shall read as follows:

* * *

 

10.323.Findings and conclusions. After such public hearings, the Orangetown Zoning Board of Appeals (hereinafter referred to as “ZBA”) shall make written findings of fact and conclusions concerning the subject matter of such hearing, including the reasons for the grant or denial of the relief sought. As to any proposed use, such findings of fact and conclusions shall be made concerning such use, as described and represented by the applicant. In addition, the ZBA Board of Appeals shall, in appropriate cases, impose additional conditions and safeguards in granting a special permit or variance, or in approving an application requesting approval of conformance to the performance standards (Zoning Code §4.1), in harmony with the general purpose and intent of the Zoning Code, and to ensure that such use is established and maintained in conformity with the special findings, and the additional requirements and conditions, upon which

Proposed Local Law – Performance Standards

 

such permit, variance(s) or approval of conformance to performance standards (Zoning Code §4.1), is granted.

 

* * *

10.334. Permit for a use subject to performance standards procedure.

(a) Application. An application for a permit for a use subject to performance standards procedure shall be submitted to the Inspector in quadruplicate on a form prescribed by the Zoning Board of Appeals (hereinafter referred to as “ZBA”), which shall include, but not be limited to, a Resume of Operations, on a form prescribed by the ZBA, which shall be prepared, and signed, by a person who is qualified to answer the questions and submit documentation on behalf of the applicant; and shall be referred by the Inspector to the ZBA Board of Appeals. The ZBA may reject the Resume of Operations if the ZBA determines that it has not been prepared, and signed, by a qualified person, regarding which the ZBA may engage or retain expert consultants to advise the ZBA with respect to the qualifications of the preparer/signatory, the fees of which consultants shall be paid by the applicant. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, operations, and products and specifications for the mechanism and techniques to be used in restricting the emission of dangerous and objectionable elements referred to in §4.1, in accordance with rules prescribed by the ZBA Board specifying the type of information required in such plans and specifications, and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential, if requested by the applicant. The fee for such application shall include the anticipated estimated costs of the special the ZBA’s expert consultants’ reports required to process it, described in Subsection (b) below.

(b) Report by expert consultants. The Board of Appeals, if there is the ZBA has any reasonable doubt as to the likelihood of conformance to the performance

standards, the ZBA shall refer the application, for investigation and report, to one or more expert consultants selected by the ZBA Town Board as qualified

to advise as to whether a proposed use will conform to the applicable performance standards specified in §4.1, in accordance with §4.13. The applicant shall be informed of the estimated costs for such investigation and

report before such referral is made. Such consultant or consultants shall make such report within 30 days after his or their receipt of such application. A copy of such report shall be promptly furnished to the applicant.

(c) Decision of the Board of Appeals. At the next regular meeting of the ZBA Board of Appeals, but in no event more than 30 62 days after the ZBA Board has received the aforesaid expert consultants’ report(s) and after the closing of the Public Hearing, or within such further period as agreed to by the applicant and ZBA, the ZBA Board shall decide whether the proposed use will conform to the applicable performance standards and, on such basis, shall authorize or refuse to authorize the issuance of a permit or certificate of occupancy or require a modification of the proposed plan of construction. Such decision of the ZBA Board shall be in written the form of a written report, which shall be immediately filed in the office of the Orangetown Town Clerk and shall be a public record. Any permit or certificate of occupancy issued by the Inspector shall be conditioned on, among other things, the applicant’s completed buildings, structures, and installations, machinery, equipment and appurtenances, in operation, conforming to the applicable performance standards, and the applicant’s paying the fees for services of the expert consultant, or consultants, deemed reasonable and necessary by the ZBABoard of Appeals for advice as to whether or not the applicant’s completed buildings, structures, and installations, machinery, equipment and appurtenances will, in operation, conform to the applicable performance standards.

 

10.335. Continued enforcement.

4. A. The Inspector shall investigate any alleged violation of, or non-compliance with, the performance standards (Zoning Code 4.1) on the part of any nonresidential use subject to the performance standards (hereinafter referred to as “industrial user”),; and, if there are reasonable grounds to believe that a violation, or non-compliance, exists, he the Inspector shall notify the ZBA Board of Appeals of the occurrence or existence of a probable such possible violation or non-compliance thereof. The ZBA Board shall

Proposed Local Law – Performance Standards

 

investigate the alleged violation, or non-compliance, in accordance with Zoning Code §4.13, and for such investigation may employ engage or retain qualified experts. If, after public hearing on due notice, in accordance with Zoning Code §4.13, the ZBA Board of Appeals finds that a violation, or non-compliance, occurred or exists, a copy of said findings shall be forwarded to the Inspector; and, in addition thereto, the ZBA may revoke and rescind its performance standards (Zoning Code §4.1) approval decision, and any building permit and/or certificate of occupancy that has been issued, based upon such approval decision, shall also be deemed revoked and rescinded Town Board.The services of any qualified experts, employed retained or engaged by the Town ZBA to investigate and report regarding an alleged advise in establishing a violation of, or non-compliance with, the performance standards, in accordance with Zoning Code §4.13, shall be paid for by the industrial user violator, if a violation, or non-compliance, is proved found by the ZBA, and otherwise by the Town. No new certificate of occupancy shall be issued, as provided in §10-236, unless such charges have been paid to the Town.

4. B. (i). Each and every year, beginning on a date that is between eleven and twelve months after the issuance of a certificate of occupancy that was issued pursuant to Zoning Code 4.1, every industrial user shall submit an affidavit to the Inspector, sworn to and signed, under oath, by a qualified professional, attesting that the operations, processes and methods, and the completed buildings, structures, installations, machinery, equipment and appurtenances, that were approved by the ZBA as part of a performance standards application,have not been altered, modified or changed, in any manner whatsoever, other than routine maintenance. If the Inspector determines that the said affidavit has not been executed by a qualified professional, the Inspector may reject the affidavit, or may engage or retain expert consultants to advise the Inspector

with respect to the qualifications of the signatory, the fees of which consultants shall be paid by the industrial user.

(ii). If the operations, processes or methods, or the completed buildings, structures, installations, machinery, equipment or appurtenances, that were approved by the ZBA as part of a performance standards application, have been altered, modified or changed, in any manner whatsoever, other than routine maintenance, then the industrial user shall submit, to the Inspector, a new Resume of Operations, in form and substance as described in §10.334(a);

and, in addition, the industrial user shall apply for performance standards approval, as per Zoning Code §4.1, if determined to be necessary by the Inspector. In making such determination, the Inspector may engage or retain expert consultants to advise the Inspector with respect to such alterations, modifications or changes, the fees of which consultants shall be paid by the industrial user.

 

Section 6: This local law shall become effective immediately upon filing with the Secretary of State.

 

 

 

RESOLUTION NO. 56                                            CONTINUE PH/PROPOSED LOCAL LAW/AMENDING CODE §6-5 CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION; ORANGETOWN ZONING CODE CHAPTER 43 §4.11, §4.12, §4.13 PERFORMANCE STANDARDS, §10.222, §10.323, §10.334 §10.335 ADMINISTRATION &  ENFORCEMENT

 

Supervisor Day offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the public portion is hereby continued to the RTBM of April 10, 2018 at 8:25 pm.

 

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 57                                            NOTICE OF INTENTION TO DECLARE SEQRA LEAD AGENCY /AMENDING ORANGETOWN CODE §6-5 CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION; AND ZONING CODE CHAPTER 43 §4.11, §4.12 AND §4.13 PERFORMANCE STANDARDS, AND §10.222, §10.323, §10.334 §10.335 ADMINISTRATION AND ENFORCEMENT

 

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Bottari was unanimously adopted:

 

RESOLVED, that in considering adoption of text amendments to: (a) Orangetown Code §6-5 (Chapter 6, Building Construction Administration), (b) Orangetown Zoning Code (Chapter 43) §4.11, §4.12 and §4.13 (Performance Standards), and (c) Zoning Code §10.222, §10.323, §10.334 and §10.335 (Administration and Enforcement), in accordance with the implementing Regulations of the New York State Environmental Quality Review Act (“SEQRA”), found at Title 6, NYCRR, Part 617, the Town Board has determined that this land use action: (i) is subject to SEQRA; (ii) is preliminarily classified as an Unlisted Action;

 

(iii) only Involves the Town Board, and the Rockland County Department of

Planning;

 

(iv) shall require preparation and submission by the Town Board of Part 1 of

the Short Environmental Assessment Form (i.e., “EAF”);

 

(v) is not located within an Agricultural District;

 

(vi) shall undergo Coordinated Review pursuant to SEQRA Regulation 6

NYCRR §617.6(b)(3); and

 

(vii) the Town Board intends, at a future meeting, to adopt a motion to Declare the Town Board as SEQRA Lead Agency in the environmental quality review of this proposed land use action, pursuant to Coordinated Review, as per SEQRA Regulation 6 NYCRR §617.6(b)(2), because the Town Board believes that it is the most appropriate Lead Agency pursuant to the criteria for determining Lead Agency as found at 6 NYCRR §617.6(b)(5)(v).

 

Therefore, the Town Board hereby Resolves to issue its Notice of Intention to serve as SEQRA Lead Agency, and to transmit said Notice to all Involved Agencies.

 

Ayes:      Councilpersons Valentine, Bottari, Troy, Diviny

Supervisor Day

Noes:      None

 

 

RESOLUTION NO. 58                                            REFERRAL/ROCKLAND COUNTY PLANNING DEPARTMENT & ORANGETOWN PLANNING BOARD/ PROPOSED LOCAL LAW/AMENDING CODE §6-5 CHAPTER 6, BUILDING CONSTRUCTION ADMINISTRATION; & ZONING CODE CHAPTER 43, §4.11,§4.12 §4.13 PERFORMANCE STANDARDS, & §10.222, §10.323, §10.334 §10.335 ADMINISTRATION AND ENFORCEMENT

 

Councilman Troy offered the following resolution, which was seconded by Councilman Valentine was unanimously adopted:

 

RESOLUTION NO. 58 – Continued

 

RESOLVED, that the Town Board’s consideration of the adoption of a Local Law amending the Code of the Town of Orangetown, Chapter 6, entitled Building Construction Administration, §6-5; and Chapter 43, entitled Zoning, Article IV, §4.1, entitled Performance Standards, and §4.11, §4.12 and §4.13 thereof, and Article X, entitled Administration and Enforcement, §10.222, §10.323, §10.334 and §10.335; is hereby referred to the Rockland County Department of Planning, pursuant to NYS General Municipal Law §239-m, and to the Orangetown Planning Board, pursuant to Orangetown Zoning Code §10.51.

 

 

Ayes:      Councilpersons Troy, Valentine, Diviny, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 59                                            OPEN/CONTINUATION PH PROPOSED LOCAL LAW AMENDING CHAPTER 43, ZONING – REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS (Adjourned from RTBM 12/19/17 Res. 616)

 

Supervisor Day offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

RESOLVED, that this public hearing, from December 19, 2017 is hereby opened and continued.

 

Ayes:      Supervisor Day

Councilpersons Diviny, Troy, Valentine, Bottari

Noes:      None

 

Summary of Public Comments:

Rabbi Schiff and Rabbi Pernick, not commenting on content, are very grateful that the Town reached out to the Jewish community, for their comment.

 

Chapter Zoning

Article _.      Other Regulations

• .Regulation of Devices in Public Right-of-Ways and Easements

 

 

1. I. GENERAL PROVISIONS

 

1. A. Legislative purpose and intent.

 

(1) The Town Board of the Town of Orangetown, New York (the “Town”) finds that uses in the  public right-of-ways, easements,  and other  non-private property areas (collectively the “Areas”) impacting upon the traveling and residential public within the Town must be lawfully regulated to protect the public health, safety, and welfare of all residents as well as those traveling and otherwise using the Areas.

 

(2) The Town  also finds  that there  have  been unregulated  and unmonitored non• temporary non-utility third-party devices (“Non-Utility Devices”) being attached to utility  poles   owned   by  utility   entities   as defined   by the   New  York  State Transportation  Corporation  Law  and located  in  such Areas (“Utility  Poles” and “Utility Entities”).

 

(3) The Town also finds that certain Utility Entities have instituted their own process by which they have  permitted various Non-Utility  Devices on Utility Poles in Areas throughout their area of operations and have applied these processes in a manner that has not been consultative with local municipalities and mayor may not have already have occurred in areas within the Town itself.

 

 

 

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

(4) The Town Board also finds that Utility Entities have permitted and/or continue to permit  the placement of various Non-Utility Devices, inclusive of private security cameras,  in Areas  throughout the TOWI1,   and that  such private  security cameras present issues dealing with potential unlawful surveillance as well as the invasion of any right or expectation of privacy to individuals traveling in or about the Areas and that regulation of such security cameras and related Non-Utility Devices is essential to secure the public health, safety, comfort, and welfare of the Town’s inhabitants.

 

(5) The Town also finds that certain utility devices are attached to Utility Poles by Utility Entities are used to provide important and necessary public for the transmission of electrical or other currents services (collectively “Utility Devices”), which, if not protected by a covering, could present a public health, safety, or welfare concern to those who may come in contact with such wires or other devices and therefore the regulation of such wires or other devices  used  for  Utility   Devices must  be distinguished  from  any wires  or devices  being  utilized  only for Non-Utility Devices purposes.

 

(6) This Regulation   is additionally   intended to be certain that all uses of the public spaces owned or controlled   by the Town are properly assessed and documented   at all times under the Real Property Tax Law of the State of New York.

 

(7) This Regulation s intended also to protect   public   safety,  enhance and  protect the physical  appearance  of the community   by avoiding excess  unregulated   objects in the public  space,  and  promote  consistence in the  installation   of any Devices  as set forth herein .

 

 

1. B. Definition  For the purpose of this Section, the following definition shall apply:

 

ASSESSOR:

This refers to the Town’s  Office of Assessor pursuant to Chapter  3 of the

Town Code and  who  is in charge of determining   the fair market  value  of all utility  and  other similar easements,    right-of-ways    or  other  property

interests  in  the Town  that  are  subject  to taxation  pursuant to the Real Property Tax Law of New York  State.

 

CODE ENFORCEMENT OFFICER:

This  refers  to the Town’s  Office of Building,   Zoning  and  Planning Administration   and Enforcement    pursuant  to Chapter   6A  of  the Town Code  and  any Code Enforcement Officer,   Building   Inspector   or  any Assistant   Code  Enforcement   Officer   or Assistant Building   Inspector having   jurisdiction    over  the enforcement    of  any   Zoning   Codes, Building  Codes  or other  Codes in the Town.

 

EASEMENT:

An easement is a incorporeal interest in real property.

 

 

INSTALLER:

This refers   to any individual,   entity, company,   corporation or others who are hired, volunteer   or otherwise   are involved with the installation and maintenance of any Non• Utility  Devices   as defined herein. Said installer shall be appropriately   licensed by the County  of  Rockland Department   of Consumer   Affairs  so that  all appropriate   insurance and other  protections   for the  public   are  in place and  duly filed  with  the Town  Clerk before  any installation,   maintenance,   and/or  other  work  can be  done herein.    All such documents with regard  to the  installer  shall be attached  to any application   for a prior Permit  herein.

 

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

NON-UTILITY DEVICES:

A permanent   non-utility  device  is anything,  object  or other  physical apparatus to affix to or between  a pole or poles,  structure or other  places, by any  nails,  clips, fasteners,  wire, string  or  other   such object,   including but  not  limited  to,  lechis,   plastic strips,  metal, wooden   or  other material   that is used and/or   intended to be used for  more than  31 consecutive   days.  This definition excluded cameras.

 

NON-UTILITY    DEVICE – SECURITY CAMERA:

Any equipment affixed in any manner to a Utility Pole Of Utility Device that is used or intended to be used to observe, record, transmit or otherwise monitor the activities of anyone within public right-of-ways Of public easement areas in which any member of the public can be recorded,  photographed  or otherwise  have  any image  captured which equipment has not been authorized and approved by the Police Department for the Town of Orangetown for law enforcement security purposes.

 

PERSON:

“Person” means  any individual, corporation, partnership,  limited liability corporation, joint venture, profit or not-far-profit entity or other person, firm, owner, leasee, agent or employee whether corporate or otherwise.

 

PERMIT HOLDER:

Permit holder shall include the person or entity making the application, the person or entity to whom the permit is granted and also the owner of the right-of-way or easement or other right or interest within to which any Non-Utility Devices as defined herein is or is proposed to be attached.

 

RIGHT-OF-WAY:

Any recorded or non-recorded instrument, document or other tangible compilation of data that purports  to provide  certain rights to utilize  any public  areas  within  the streets, highways, side-walks or other similar areas where the public or others may travel upon or utilize at any time, including but not limited to, public and private utility easements.

 

STREET:

The term “Street” as used herein also includes a highway, road, avenue, roadbeds, lane or alley which the public have a right to use in whole or in part.  The term “pavement” includes a macadam, asphalt,  brick, concrete or other similarly improved roadbed, and is only applied to the portion of the street between the sidewalks or established curb lines.

 

UTILITY COMPANY:

This refers to any public or private utility company or other entity that has obtained any rights-of-way or easements to construct, erect or otherwise place utility and/or Utility Devices along any right-of-ways or easement areas within streets or roads of the Town. This shall also refer to any entity that has received a Permit or franchise pursuant to Town Law Section  4-406 and  utility  entities  as defined  by the New York State Transportation Corporation Law.

 

UTILITY POLE:

This refers to utility poles owned by Utility Companies as defined by the New

York State Transportation Corporation Law and located in public streets, easements and/or right of ways.

 

 

UTILITY DEVICES:

Any material or compilation or flexible  or rigid materials  that  is utilized  to actually carry electrical  current  no matter  what  voltage  and such  definition

Of wire shall also include any protective   outer covering that is utilized in

connection with such activity.    The word “wire” shall also include any devices used to attach the wire or otherwise convert to the existing wire or wires in the Area and as used and/or installed by a Utility Company.

 

 

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

1. II. REGULATION OF NON-UTILITY DEVICES — SECURITY CAMERAS

 

 

This  Section  applies exclusively   to Non-Utility  Devices   – Security Cameras as defined

 

No  Non-Utility    Devices   –  Security  Camera   shall  be  erected, maintained,    installed or otherwise  placed or kept  in place  on any Utility Pole  or in any public  right-of-way   and easement areas   unless   said placement    and  maintenance    is at  the written   direction  of  the Town of Orangetown    Police   Department   for  public   security  purposes. Without   such written  direction from  the Town  of  Orangetown   Police Department,   anyone  who  installed,  places, maintains  or otherwise causes such security camera to be so placed  shall  be guilty  of a misdemeanor   subject to imprisonment   or up to one year and a fine of not more than $50,000.

 

III.  REGULATION OF NON-UTILITY DEVICES AND UTILITY DEVICES

 

 

This Section applies exclusively   to Non-Utility Devices and Utility Devices  as defined

 

No   Non-Utility    Devices   and   Utility   Devices   as   defined   herein   shall be   installed, maintained,  placed,  or otherwise  continue to exist except  as set forth herein:

 

1. A. Permit required for Non-Utility  Devi

 

(1) Except  as provided  herein,  it shall  be unlawful tor  any person  10 install,  erect, move, alter,  redesign, enlarge  or reconstruct   any Non-Utility Devices  or cause to be erected, moved,   altered,  redesigned,    enlarged, relocated  or reconstructed    any Non-Utility Devices  without  first  having obtained  a permit from the Building  Department  to do so. Any such Non- Utility   Devices  that are to be erected or placed on a pole,  building, structure  or other  location  by any person  shall be required to have a permit approved by the Town  Code  Enforcement   Officer  before  any  such activity can be commenced. If proposed   in connection   with  a  Site  Plan Application,   such Non-Utility   Devices shall  also  be reviewed   and approved   by the Planning   Board   under  the applicable criteria.

 

1. B. Permit application for Non-Utility

 

 

(1) An Application  for a Non-Utility   Device  shall  be  made  on a form provided  by the Town which  application  shall include  at least the following  information:

 

(a) The name,  physical and e-mail  address  and telephone  number  and all other contact information   of applicant.

 

(b) The location  of  the pole,  building,   structure   or  other  location  to which  or upon which  such Non-Utility  Devices are to be placed,  erected  or otherwise  attached.

 

(c) A color  photo of the areas where  any such Non-Utility   Devices  are to be erected or attached.

 

(d) All dimensions  of any  such Non-Utility   Devices,   and  details  of its Devices  and hanging  or method  of securing  to any place.

 

(e) Method  of illumination,  if any.

 

(1:) Any markings,  including  symbols,  letters, materials  and colors  of such Non-Utility Devices.

 

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

(g)  Any visual   or  other  message,   text, copy or  content   on  or  of  such

Non-Utility Devices.

 

(h) Written   consent  and/or  a copy of  any agreement   made  with  the owner  of  the property  or property  interest  upon which  such Non-Utility Devices  are to be erected

 

(i)   Any and  all documents   by which  the owner  of the property  and property  interest referenced   herein claims  a right  to occupy  space  in areas owned  or controlled  by the Town.

 

(i)   The names,  address  and other  information  of  any  Utility  Company that  allows, licenses,   permits  or  otherwise   consents   to the  placement of  any such Non-Utility Devices  in its claimed  right-of-way   prior to the tiling  of an application  herein.

 

(k) The name, address and all contact  information  of the Installer  as defined  herein.

 

 

(1) Any other such information   as the Building   Department   or reviewing

Board may require to ensure compliance   with this Regulation.

 

(2) The fees for such application  are set forth in Chapter  _     of this Code. C. Filing of Non-Utility   Device  Permit Application  with Assessor.

Upon  the filing  of an application for Non-Utility  Devices   permit  under this Section with the Town,  contemporaneous    with said application  being  filed, an applicant for such Non-Utility Devices  permit must  also  simultaneously file copies  of the application  with the Town  Assessor, the Town  Clerk  and

the  Supervisor  for the Town.   In addition  to the contents of the application set forth previously  herein,  the application  shall also contain  all documents that confirm the right to have   such Non-Utility    Devices   established   or erected  in  over  or  under   areas   owned  or controlled   by the Town  or such  other Areas  as claimed   by the applicant.    Said  documentation

shall also  include  the identification   of any rights that  are claimed  by the applicant  or any owner of the property   or property   interests  upon  which such  Non-Utility   Devices  are to be erected to place  such Non-Utility Devices  in any street or other  Areas.   Said application  shall also include a fair  market  value  determination   of the existing  rights  of the  owner  of the property  or property interest  upon which  such Non-Utility   Devices  is to erect  and the fair market  value  of the rights of the  Non-Utility   Devices permit  application   if  granted.   The application   shall  also  include  any prior challenges  that  the owner  of the property or property  interest  upon which  such Non-Utility Devices  are to be erected previously   filed against any Tax Assessor having jurisdiction  to review the fair  market  value  of the rights  of the OV\11cr  of the property  or property interest  upon which the Non-Utility   Devices  are to be erected.

 

1. D. Non-Utility  Device Permit procedure.

 

 

(1)  Upon the filing  of a  completed  application,  the  Code   Enforcement Officer  shall examine  the plans,  specifications   or other  information submitted,  as well  as the Area or Areas  where the Non-Utility   Devices  are to be erected  or as the case may exist. If such Non-Utility   Devices  are  in compliance   with  all the requirements   contained  in this  Regulation,   the Code  Enforcement   Officer  shall;  within  15 days after  completion or his or her review  of the permit  application,  either (a) advise  the applicant  in writing of any  incomplete   parts  of the application;   (b) issue a permit  for the erection of the Non-Utility   Devices  or; (c) deny the application.   (The issuance  of a permit  shall not excuse  the applicant from  conforming   to the other  laws,  rules and regulations of the municipality.)   Ifthe  placement  of said Non-Utility   Devices   so authorized  pursuant to this  regulation   has  not completed

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

within  three (3) months from  the date of issuance, the permit shall become  null and void.

 

(2) Appeal from permit decision.  In accordance with New  York  Town Law §

7-712-a(4), an  appeal  to  the Town  Zoning   Board   of  Appeals   may be taken   by any  person aggrieved   by the Code Enforcement  Officer’s

decision to approve  or deny a permit within  thirty  (30) days from the date of any decision.

 

1. E. General Installation Regulations for Non-Utility  Devices  and Utility Devi

 

 

(1) Installation  guidelines.   The following   guidelines   are  to be followed with  regard  to any   installation    of  a Non-Utility    Devices   and   Utility Devices   pursuant   to this Regulation:

 

(a) Any Non-Utility   Devices  must be installed  entirely  within  the right-of

..way or other Area and outside of any  such Town  right ..of-way  or any other right-of-way   unless  a written consent for use by such applicant  is on file with the Town Clerk.

 

(b) Any such Non-Utility   Devices  must be located  as close  as permitted by law, rule or regulation  to any other existing  wire in the immediate  location  of such wire.

 

(c) Any Non-Utility   Devices must  be of translucent   material  and/or  be the same color as the pole to which  it is attached  so that such Non-Utility Devices  is not visible to the public.

 

(d)   Any Utility  Devices  shall be painted  or otherwise   made to  be distinguishable   in appearance   from that  of  the  Utility  Pole  or  other structure  upon  which  the Utility Devices  are placed.

 

(e)  Prior to  installation  of any  Non-Utility  Devices,  a  Utility  Company mark-out  is required  with the applicant  in the permit  application   having documented  to the Town the 811 call to have this done as well as the results of that call.

 

(f) No such Non-Utility Device or extension thereof may be attached or fastened to any tree, bush or plant or other vegetation.

 

(g) No such Non-Utility Device can cross over or under or on a Town roadway or Town right-of-way.

 

(h)  All  Non-Utility  Devices  attached  to any Utility  Pole  must  receive written permission from Utility Company or other entity or person from which permission is given and said permission must be attached to any permit application and thereafter submit written proof of continuing permission to Code Enforcement Officer annually by January 15 of each year after which permit is issued.

 

(2) Installer guidelines.  The installer shall follow all guidelines set forth above and shall also  follow any  such other  directions or  requirements  of the Code  Enforcement Officer for the Town.

 

1. F. Maintenance for Non-Utilitv Devi

 

(1) The permit holder is responsible at all times to maintain their Devices in a neat and orderly condition, in good working order at all times, and in such manner to prevent any deterioration  in the physical appearance or safety of such Devices that could impact on of persons or places nearby such Devices.

 

 

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

(2) Any such unsafe, unsightly, damaged, or deteriorated Non-Utility Devices, that in danger of falling, shall be put in order or removed with fifteen (15) days as required in any written notice by the Code Enforcement Officer to the permit holder. [f safety conditions so require in special circumstances, then and in that event upon notice to the permit holder immediate compliance is required for

the repair or removal of same. If compliance is not achieved within the time period specified in such notice, such Devices shall be repaired or removed by

the Town and the costs shall be levied and collected against the permit holder

in the same manner and under the same penalties as enforcement of any

Town Law, rule or regulation.

 

(3) All Non-Utility Devices shall maintain all clearances from electrical conductors in accordance  with the New York  State  Public  Service Commission’s Orders and Regulations as well as the National Electrical Code and from all communications equipment or lines located within the Town. Any such Non-Utility Devices and any supporting   structures  shall maintain  appropriate  clearance  and must not interfere with any  surface  or underground  facilities  and  conduits for water, sewage, gas,  electricity or communications   equipment   or lines.

 

1. G. Abandoned Non-Utility  Devi

 

(1)  Except as provided in this Regulation, any such Non-Utility Devices that does not meet the standards herein for a period of 30 days or more shall be deemed to have been abandoned.  Such abandoned Non-Utility Devices are prohibited and shall be removed immediately by the permit holder and/or Utility Company.

 

(2) Upon notification by the Town to the permit holder and/or Utility Company of any such abandoned Non-Utility  Devices, said permit  holder  and/or Utility  Company shall have 30 days to remove such abandoned Devices. Upon failure to remove the Non-Utility Devices within this time period, the Town may remove the Non-Utility Devices upon the expense of the permit holder and Utility Company.   The cost of such removal paid by the Town shall be levied and collected in the same manner and under the same penalties as any other Town Law, rule or regulation assessment of a public improvement.

 

1. H. Existing Non-Utilitv Devices and Nonconforming NOIl-UtilitvDevices and/or

Utilitv Devices

 

(1)  Any such Non-Utility  Devices  not  in compliance  with  any  provision of  this Regulation upon its effective date shall be deemed nonconforming.

 

(2) Any such nonconforming Non-Utility Devices shall be reported to the Town Code Enforcement Officer by submission of a permit application in conformance  with the requirements  of this Regulation  and demonstrating the date of installation within ninety (90) days of the date of enactment of this Regulation. If not in compliance within  ninety (90)  days  from  the  enactment of  this regulation,  the Non-Utility Devices shall be removed forthwith by the Town and the expense of the same shall be paid by the nonconforming Non- Utility Device and Utility Company.

 

1. Other Requirements.

 

(1) Any Permit Holder or Utility Company shall restore and repair any and all damage that may occur in connection with the installation, maintenance or removal of any Non-Utility Devices and/or Utility Devices.

 

(2) The Permit Holder or Utility Company shall indemnify and hold harmless the Town, its Officials, employees, agents, and others from any claims for personal injury or property damage arising from (or allegedly arising from) or in

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

connection with such installation, use, maintenance, or removal of any Non- Utility Devices and/or Utility Devices.

 

(3) The Permit  Holder  and the Utility  Company   shall  provide  a Certificate of Insurance evidencing  liability  insurance  in the amount  of at least

$1,000,000  per occurrence  and $2,000,000    aggregated    listing   the Town,   its Officials,   employees   and agents   as additional  insureds  prior to the issuance  of a permit  fer any Non-Utility Device. Such insurance shall be maintained and each and every Certificate of Insurance shall be on file with the Town Clerk at all times that a Non-Utility Device remains in place.

 

(4) In the event any Permit Holder becomes liable to the Town for any fees, expenses, and/or penalties under this Regulation and fails to remit full and complete payment of said fees, expenses, and/or penalties within 30 days, the owner of the Utility Pole shall be held  liable to the Town for any and all amounts remaining due plus 9% interest annum on said amount.   By permitting, facilitating, and/or licensing N on• Utility Devices to be installed within the Areas, the owner of the Utility Pole waives all appeals and agrees to be strictly liable for any amounts due to the Town pursuant to this Provision and Regulation.

 

1. Code Enforcement Officer.

 

(l)   The provisions of this Regulation shall be administered and enforced by the Code Enforcement Officer who shall have the power to undertake any Non- Utility Devices and/or Utility Devices inspections.

 

(2) No Non-Utility Devices permit shall be approved by the Code Enforcement

Officer except in full compliance with the provisions of this Regulation.

 

1. K. Appeals.

 

(1) In accordance with New York State Town Law § 7-712-a, any order, requirement, decision, interpretation, or determination of the Code Enforcement Officer may be appealed within thirty (30) days of the date of the determination by filing an appeal with  the Zoning  Board of  Appeals  by any person aggrieved,  or by an Officer, Department, Board or Bureau of the Town.

 

(2) Upon filing an appeal, the Zoning Board of Appeals may grant a variance from the terms of this Regulation, following the procedure set forth in Town Law.

 

(3) Any person aggrieved by a decision of the Zoning Board of Appeals may have that decision reviewed by the Supreme Court of the State of New York in the manner and within the time provided by law.

 

1. Penalties for Offenses.

 

(l)   In the event  of a breach  of any of the  provisions of this  Regulation, the Code Enforcement Officer shall notify the permit holder and Utility Company in writing to remove, repair, or otherwise bring the Non-Utility Devices and/or Utility Devices into conformance within 30 days of the date of such notice. Upon failure to comply with any  such notice  within   the prescribed   time,  the  Code  Enforcement Officer  shall remove  or cause the removal,  repair,  or conformance   of Non-Utility   Devices  and/or Utility  Devices  at the expense  of the  permit holder and Utility Company.  All costs and expenses shall become a lien upon the premises upon which the wire is or was located and shall be levied and collected in the same manner and under the same penalties as any other Town Law, rule or regulation.

 

(2) Any person who violates any of the provisions of this Regulation or who fails to comply with any order or regulation made herein, or who erects, moves, or

REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

alters any Non-Utility Devices  and/or Utility Devices  in violation of any statement or plans submitted by the applicant and approved under provisions

of this Regulation, shall be guilty of a violation as the same is defined in the

Penal Law and shall be fined $1,500 for each and every violation and also be subject to imprisonment of a term of not more than  ten  (10) days. Each day that  such violation is permitted to exist shall constitute a separate violation. If any Non-Utility Devices and/or Utility Devices is erected, altered, or moved in violation of the provisions of this Regulation, any Town Official may, in addition to other remedies, take appropriate other actions to prevent such unlawful condition from continuing to exist.

 

(3) All costs and expenses incurred by the town in causing the removal or repair of any Non-Utility Devices  and/or  Utility Devices  as  specified  in this section and the enforcement  of this Regulation, including but not limited to reasonable attorneys’ fees, shall be collected from the permit holder and Utility Company.  Payment shall be made in not less than five days after transmittal to the permit holder and the Utility Company of a written demand for payment. Upon failure to make such payment, such costs and expenses  shall  be assessed against  said permit  holder  and the Utility Company and  shall be paid and collected as part of the Town tax next  due and payable. In addition, the town may commence any other action or proceeding to collect such costs and expenses. With all said reasonable attorney’s fees incurred by the Town being paid by the Permit Holder and the Utility Company.

 

 

RESOLUTION NO. 60                                            CONTINUE PH/PROPOSED LOCAL LAW AMENDING CHAPTER 43, ZONING – REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

Councilman Diviny offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, that the public portion is hereby continued on April 10, 2018 at 8:15 pm.

 

 

Ayes:      Councilpersons Diviny, Troy, Valentine, Bottari

Supervisor Day

Noes:      None

 

RESOLUTION NO. 61                                            LEAD AGENCY STATUS / PROPOSED LOCAL LAW AMENDING CHAPTER 43, ZONING – REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

Supervisor Day offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

WHEREAS, the Town Board for the Town of Orangetown (“Town Board”) seeks to adopt a proposed local law (“Local Law”) to amend Chapter 43 of the Town of Orangetown Town Code entitled the “Regulation of Devices in Public Right-of-Ways and Easements of the Town of Orangetown” (“Town”); and

 

WHEREAS, the proposed Local Law is an amendment to the Town Zoning Code involving a change of use affecting more than twenty-five (25) acres, and is thereby determined to be a Type I action; and

 

WHEREAS, the Town Board desires to assume Lead Agency status and conducted a review to determine the significance of the proposed Local Law in accordance with the Article 8 of the Environmental Conservation Law of the State of New York, and the regulations promulgated thereunder at 6 NYCRR 617 (“SEQRA”); and

 

RESOLUTION NO. 61 – Continued

 

WHEREAS, SEQRA and the governing regulations promulgated thereunder requires the Town Board to serve a Notice of Intent to Establish Lead Agency to all potentially involved or interested Agencies; and

 

WHEREAS, Public Hearings on the proposed local law have been noticed and held on December 19, 2017, and February 6, 2018 to provide an opportunity for all persons interested in presenting oral or written comments concerning the proposed Local Law.

 

NOW, THEREFORE, BE IT RESOLVED as follows:

 

Section 1. All “WHEREAS” clauses are hereby incorporated by reference and set forth in full herein.

 

Section 2. The Town Board determines that the proposed action will require reviewed pursuant to the State Environmental Quality Review Act (“SEQRA”), and the governing regulations promulgated thereunder.

 

Section 3. The Town Clerk is hereby authorized and directed to serve by mail the Notice of Intent to Establish Lead Agency to all potentially involved or interested Agencies.

 

Section 4. This Resolution shall be effective immediately.

 

The question of adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows:

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

 

RESOLUTION NO. 62                                            REFERRING/ ORANGETOWN PLANNING BOARD/AMENDMENT CHAPTER 43, ZONING – REGULATIONS OF DEVICES IN PUBLIC RIGHT-OF-WAYS AND EASEMENTS

 

Councilman Valentine offered the following resolution, which was seconded by Councilman Diviny was unanimously adopted:

 

WHEREAS, the Town Board for the Town of Orangetown (“Town Board”) seeks to adopt a proposed local law (“Local Law”) to amend Chapter 43 of the Town of Orangetown Town Code entitled the “Regulation of Devices in Public Right-of-Ways and Easements of the Town of Orangetown” (“Town”); and

 

WHEREAS, Section 10-51 of the Town Code requires that proposed amendments to Chapter 43 be referred to the Town of Orangetown Planning Board (“Planning Board”); and

 

WHEREAS, upon referral, the Planning Board may submit a written report in accordance with the Town Code to the Town Board and shall be submitted within thirty (30) days after the effective date of this Resolution; and

 

WHEREAS, the failure of the Planning Board to make any such report within the thirty (30) day period shall be deemed a favorable report in accordance with the Town Code.

 

NOW, THEREFORE, BE IT RESOLVED as follows:

 

Section 1. All “WHEREAS” clauses are hereby incorporated by reference and set forth in full herein.

 

 

RESOLUTION NO. 62 – Continued

 

Section 2. The Town Clerk is hereby authorized and directed to refer the proposed local law entitled the “Regulation of Non-Utility Devices in Public Right• of-Ways and Easements” to the Town of Orangetown Planning Board pursuant to Article X of the Town Code of the Town of Orangetown.

Section 3. This Resolution shall be effective immediately.

 

 

Ayes:      Councilpersons Valentine, Diviny, Troy, Bottari

Supervisor Day

Noes:      None

 

 

 

RESOLUTION NO. 63                                            ENTER EXECUTIVE SESSION MATTERS RELATED TO SPECIFIC PERSONNEL             

 

In attendance, at this Executive Session, were Supervisor Day, Councilpersons Troy, Diviny, Valentine and Bottari, Mike Lawler, Amanda Hyland, John Edwards, and Teresa Kenny.

 

Supervisor Day offered the following resolution, which was seconded by Councilman Troy was unanimously adopted:

 

RESOLVED, at 9:16 p.m., the Town Board entered Executive Session to discuss matters related to specific personnel.

 

Ayes:      Supervisor Day

Councilpersons Troy, Diviny, Valentine, Bottari

Noes:      None

 

RESOLUTION NO. 64                                            RE-ENTERED WORKSHOP/ADJOURNED

 

Supervisor Day offered the following resolution, which was seconded by Councilman Valentine and was unanimously adopted:

 

RESOLVED, at 10:20 pm, the Town Board re-entered the Workshop and adjourned in memory Jack Lovett, former Orangetown Supervisor and father of employee, Pete Lovett and Josephine Saltarelli, mother of employee Mary Ferrara.

 

Ayes:      Supervisor Day

Councilpersons Valentine, Troy, Diviny, Bottari

Noes:      None

 

 

 

 

 

_________________________________