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OFFICIALS of the Town of Woodbury, New York
John Burke, Town Supervisor
Geraldine Gianzero, Council   |   Amidee Haviland, Council   |   Carlton Levine, Council   |   Michael Queenan, Council

Town Clerk   DESIREE POTVIN    |   Town Attorney RICHARD LIBERTH

Code of the Town of Woodbury, New York

Updated 03-15-2008
(Supp No. 27)

PART I, GENERAL LEGISLATION   |   PART II, GENERAL LEGISLATION   |   APPENDIX   |   DISPOSITION LIST


Chapter 1: GENERAL PROVISIONS

[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]

 

ARTICLE I Adoption of 1977 Code [Adopted 12-1-1977 by L.L. No. 16-1977]

§ 1-1. Legislative intent.

The local laws, ordinances and resolutions of the Town of Woodbury referred to in § 1-2 of this article shall be known collectively as the "Code of the Town of Woodbury," 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 article.

§ 1-2. Distribution of local laws, ordinances and resolutions.

[Amended 3-2-1978 by L.L. No. 3-1978]

Derivation Table

 

§ 1-3. Repeal of enactments not included in Code.

All local laws and ordinances of a general and permanent nature of the Town of Woodbury 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of this local law and not contained in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this local law.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 affected.

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 of liability established, accrued or incurred under any legislative provision of the Town of Woodbury 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 Woodbury 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 Woodbury.
D. Any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Woodbury.
E. Any local law, ordinance or resolution of the Town of Woodbury 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 Woodbury, or any portion thereof.
F. Any local law, ordinance or resolution of the Town of Woodbury 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 Woodbury, or other instruments or evidence of the village'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. All local laws, ordinances and resolutions adopted after June 16, 1977.
L. All local laws, ordinances and resolutions pertaining to the regulation of vehicles and traffic.
M. The Zoning Ordinance, adopted 5-29-1953, and Zoning Map and all amendments thereto, including Zoning Map amendments.

 

§ 1-5. Effect on previously adopted legislation.

In compiling and preparing the local laws, ordinances and resolutions of the town for publication as the Code of the Town of Woodbury, 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.

§ 1-6. 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 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.

§ 1-7. 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 Woodbury 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 Woodbury by impressing thereon the seal of the Town of Woodbury, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-8. 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 Woodbury" 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.

§ 1-9. 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 Woodbury 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 laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-10. Sale of Code book; supplementation.

Copies of the Code may be purchased from the Town Clerk of the Town of Woodbury 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.

§ 1-11. 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 Woodbury or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the Town of Woodbury 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.

§ 1-12. 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 Woodbury, 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.

 

ARTICLE II Adoption of Renumbering of Code [Adopted 4-6-2000 by L.L. No. 6-2000]

§ 1-14. Adoption of renumbering.

The local laws, ordinances and resolutions of the Town of Woodbury of a general and permanent nature adopted by the Town Board of the Town of Woodbury by L.L. No. 16-1977 on December 1, 1977, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp. as set forth below, and as renumbered to consist of Chapters 1 through 310, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Woodbury," hereafter known and referred to as the "Code."

 

Distribution Table
 
Chapter in 1977 Code
 		 Chapter in 2000 Code
 
Ch. 1, General Provisions Art. I, Adoption of Code
 		 Ch. 1, Art. I
 
Ch. 3, Appearance Tickets
 		 Ch. 5
 
Ch. 5, Architectural Review Board
 		 Ch. 8
 
Ch. 6, Assessment Calendar
 		 Ch. 11, Art. I
 
Ch. 7, Business and Industrial Development Committee
 		 Ch. 23
 
Ch. 8, Beautification Commission
 		 Ch. 16
 
Ch. 10, Buildings and Grounds Department
 		 Ch. 20
 
Ch. 11, Court
 		 Ch. 27
 
Ch. 14, Environmental Conservation Commission
 		 Ch. 36
 
Ch. 16, Ethics, Code of
 		 Ch. 39
 
Ch. 21, Indemnification and Defense of Employees
 		 Ch. 31
 
Ch. 27, Park and Recreation Commission
 		 Ch. 54
 
Ch. 30, Planning Board
 		 Ch. 57
 
Ch. 32, Police Advisory Committee
 		 Ch. 60
 
Ch. 33, Publication of Legislation
 		 Ch. 62
 
Ch. 38, Town Vehicles, Use of
 		 Ch. 69
 
Ch. 43, Alarm Systems
 		 Ch. 78
 
Ch. 51, Bingo
 		 Ch. 89
 
Ch. 53, Bonding: Subdivisions and Site Plans
 		 Ch. 92
 
Ch. 54, Building Construction
 		 Ch. 96
 
Ch. 57, Buildings, Numbering of
 		 Ch. 99
 
Ch. 59, Bungalows
 		 Ch. 103
 
Ch. 61, Burning, Outdoor
 		 Ch. 106
 
Ch. 67, Contractors, Licensing of
 		 Ch. 113
 
Ch. 73, Dogs and Other Animals
 		 Ch. 85
 
Ch. 75, Dumping
 		 Ch. 124
 
Ch. 79, Energy Conservation Construction Code
 		 Ch. 132
 
Ch. 80, Environmental Quality Review
 		 Ch. 135
 
Ch. 81, Fair Housing
 		 Ch. 139
 
Ch. 83, Fees
 		 Ch. 143
 
Ch. 84, Fences
 		 Ch. 146
 
Ch. 85, Fire Districts
 		 Ch. 150
 
Ch. 86, Fire Prevention
 		 Ch. 154, Art. I
 
Ch. 87, Fire and Smoke Detection
 		 Ch. 154, Art. II
 
Ch. 88, Flood Damage Prevention
 		 Ch. 159
 
Ch. 89, Flood Hazard Areas
 		 Ch. 161
 
Ch. 91, Freshwater Wetlands
 		 Ch. 165
 
Ch. 92, Games of Chance
 		 Ch. 173
 
Ch. 93, Garage Sales
 		 Ch. 176
 
Ch. 94, Garbage, Rubbish and Refuse
 		 Ch. 264, Art. I
 
Ch. 97, Homes; New Residences; Payment of Taxes
 		 Ch. 181, Art. I
 
Ch. 98, Home Buyers, Protection of
 		 Ch. 181, Art. II
 
Ch. 101, Junk Dealers
 		 Ch. 189
 
Ch. 106, Malicious Mischief
 		 Ch. 202
 
Ch. 107, Minors
 		 Ch. 117
 
Ch. 108, Noise
 		 Ch. 208
 
Ch. 109, Open Containers
 		 Ch. 81, Art. I
 
Ch. 110, Open Space Administration
 		 Ch. 215
 
Ch. 111, Parades and Motorcades
 		 Ch. 221
 
Ch. 112, Parking, Prohibited
 		 Ch. 227
 
Ch. 114, Parks
 		 Ch. 230
 
Ch. 117, Peddling and Soliciting
 		 Ch. 234
 
Ch. 119, Property Maintenance
 		 Ch. 240
 
Ch. 120, Private Street Maintenance
 		 Ch. 269, Art. III
 
Ch. 121, Public Records, Access to
 		 Ch. 247
 
Ch. 126, Septic Systems
 		 Ch. 253, Part 1
 
Ch. 128, Sewer Use
 		 Ch. 253, Part 2
 
Ch. 129, Sewer Use Rate Schedule
 		 Ch. 253, Part 3
 
Ch. 131, Signs
 		 Ch. 256
 
Ch. 133, Snowmobiles
 		 Ch. 261
 
Ch. 135, Street, Curb and Sidewalk Specifications
 		 Ch. 269, Art. V
 
Ch. 136, Streets and Sidewalks
 
 
Art. I, Snow Removal Obstructions
 		 Ch. 269, Art. I
 
Art. II, Notification of Defects
 		 Ch. 269, Art. II
 
Art. III, Driveways; Street Excavations
 		 Ch. 269, Art. IV
 
Art. IV, Snow and Ice Removal
 		 Ch. 269, Art. VI
 
Ch. 138, Subdivisions
 		 Ch. 272, Part 1
 
Ch. 139, Subdivision Regulations
 		 Ch. 272, Part 2
 
Ch. 140, Subdivision Regulations, Enforcement of
 		 Ch. 272, Part 3
 
Ch. 143, Taxation
 		 Ch. 277
 
Ch. 144, Towing
 		 Ch. 283
 
Ch. 145, Trash Pickup Penalties
 		 Ch. 264, Art. II
 
Ch. 146, Trees
 		 Ch. 286
 
Ch. 148, Vehicles, Abandoned
 		 Ch. 292
 
Ch. 150, Water
 		 Ch. 298, Art. I
 
Ch. 151, Water and Sewer Inspections
 		 Ch. 301
 
Ch. 152, Water Rates
 		 Ch. 298, Art. II
 
Ch. 152A, Wireline Telecommunications
 		 Ch. 305
 
Ch. 153, Zoning
 		 Ch. 310
 
Ch. A155, Architectural Review Board Rules
 		 Ch. A314
 
Ch. A158, Subdivision Contractors
 		 Ch. A315
 
Ch. A159, Zoning Board of Appeals Rules
 		 Ch. A316
 

 

 

 

ARTICLE I Meeting Attendance Requirements

§ 3-1. Legislative intent.

The Town Board of the Town of Woodbury finds that regular meeting attendance by all appointed board or commission members will advance the public interest. Regular attendance by appointed board or commission members at their respective meetings is critical to the proper function of the respective boards and to the timely and reasoned action on applications submitted to the boards or commissions, as well as any other agenda items. Accordingly, this Board finds that attendance at regular meetings is a condition of the appointment of each board or commission member.

§ 3-2. Applicability.

This article shall apply to all members of the following boards or commissions:
A. Planning Board.
B. Zoning Board of Appeals.
C. Parks and Recreation Commission.

 

§ 3-3. Requirements.

The following are hereby established as the minimum meeting attendance requirements: No board or commission member shall be absent for more than 20% of all regular meetings of the member's board or commission in a calendar year. A member shall not be deemed absent from a meeting if he or she has a legitimate excuse for medical or unexpected personal reasons and communicates that excuse to the Chairman or the Secretary of the Board or Commission prior to the meeting.

§ 3-4. Removal.

The Town Board shall have the power, after the opportunity for the board or commission member to be heard at a formal hearing, to remove any board or commission member for noncompliance with the minimum requirements established herein.

 

ARTICLE II Training Requirements

§ 3-5. Legislative intent.

The Town Board of the Town of Woodbury finds that regular training of all appointed board or commission members will advance the public interest. Ongoing continuing education in the appropriate areas is critical to their proper function and to reasoned action on submitted applications or appeals. Accordingly, the minimum training required herein is a condition of the appointment of each board or commission member and a condition for continuing in office.

§ 3-6. Applicability.

This article shall apply to all members of the following boards or commissions:
A. Planning Board.
B. Zoning Board of Appeals.

 

§ 3-7. Requirements.

Four hours of training at any accredited or certified land use training program, such as those programs offered by the New York State Department of State, the New York State Association of Towns, the Orange County Municipal Planning Federation or an equivalent program approved by the Town Board.

§ 3-8. Removal.

The Town Board shall have the power, after the opportunity for the board or commission member to be heard at a formal hearing, to remove any board or commission member for noncompliance with the minimum training requirements established herein.

Chapter 5: APPEARANCE TICKETS

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-7-1978 by L.L. No. 9-1978. Amendments noted where applicable.]

§ 5-1. Statutory authority; title.

This chapter is enacted pursuant to the authority of § 150.10 of the Criminal Procedure Law and shall be known as the "Appearance Tickets Law of the Town of Woodbury."

§ 5-2. Intent.

The purpose of this chapter is to authorize public servants of the Town of Woodbury to issue and serve appearance tickets in connection with violations of state statutes, local laws, ordinances or rules and regulations of the Town of Woodbury.

§ 5-3. Enumeration of public servants authorized to issue appearance tickets.

The following public servants of the Town of Woodbury are hereby authorized to issue and serve appearance tickets with respect to violations of state statutes, local laws, ordinances, rules or regulations of the Town of Woodbury that such public servants are, respectively, required or authorized to enforce:
A. Building Inspector: Woodbury Code, Chapter 96, Building Construction; Woodbury Code, Chapter 113, Licensing of Contractors; Woodbury Code, Chapter 181, Art. II, Protection of Homebuyers; Woodbury Code, Chapter 253, Part 1, Septic Systems; Woodbury Code, Chapter 310, Zoning.
B. Fire Marshal: New York State and Woodbury Fire Prevention Codes.
C. Superintendent of Water: Woodbury Code, Chapter 298, Art. I, Water Service.

 

§ 5-4. Service of appearance tickets.

An appearance ticket other than for a parking violation shall be served personally.

Chapter 8: ARCHITECTURAL REVIEW BOARD

[HISTORY: Adopted by the Town Board of the Town of Woodbury 8-21-1980 by L.L. No. 9-1980. Amendments noted where applicable.]

GENERAL REFERENCES
Planning Board —  See Ch. 57.
Building construction —  See Ch. 96.
Subdivision regulations —  See Ch. 272, Part 2.
Zoning —  See Ch. 310.
Architectural Review Board rules —  See Ch. A314.

§ 8-1. Findings; purpose.

The Town Board hereby finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and, by so doing, impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearances of buildings erected and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of buildings and to encourage the most appropriate use of land within the town.

§ 8-2. Designation of Board.

The Planning Board of the Town of Woodbury is hereby designated as the Architectural Review Board.

§ 8-3. Review and recommendations.

The Planning Board, in reviewing subdivisions, planned unit developments, multiple-family dwellings and site plans, shall require the developer or owner of the project to submit its plans for development of the land, including the type of buildings to be constructed, the location of the buildings on the proposed site and the type of architecture. After reviewing the plans of the development and making an on-site inspection, the Planning Board shall submit its recommendations for the development to the developer or owner of the project, which architectural recommendations. may be made a condition of the Planning Board's final approval for a given development.

§ 8-4. Review by Administrator.

[Amended 7-1-1982 by L.L. No. 6-1982]

In addition to the review of projects submitted to the Planning Board, the Administrator shall review plans and specifications for the following buildings and alterations as defined in the Woodbury Zoning Law: Editor's Note: See Ch. 310, Zoning.

A. Buildings and alterations in subdivisions consisting of five lots or more, as defined by the New York State Public Health Law § 1115.
B. All buildings and alterations outside such subdivisions which require a building permit pursuant to the Woodbury Zoning Law, except one-family and two-family residences.

 

§ 8-5. Approval, conditional approval or disapproval.

[Amended 7-1-1982 by L.L. No. 6-1982]

In cases where the Administrator's review and approval are required, the Administrator may approve, conditionally approve subject to special modifications or disapprove any application for which a building permit has been applied, provided that such disapproval is based on the fact that the building for which the permit was applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area as to provoke one or more of the harmful effects as set forth in § 8-1 hereof by reason of:

A. Excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 300 feet of the proposed site, in respect to one or more of the following features of exterior design and appearance:
(1) Apparently identical facade.
(2) Substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the facade facing the street, including reverse arrangement.
(3) Other significant identical features of design, provided that a finding of excessive similarity shall state not only that such excessive similarity exists but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in § 8-1 above.
B. Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street and within 300 feet of the proposed site, in respect to one or more of the following features:
(1) Cubical contents.
(2) Gross floor area.
(3) Height of building or height of roof.
(4) Other significant design features, such as material or quality of architectural design, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity or inappropriateness exists but further that it is of such a nature as to be expected to provoke beyond reasonable doubt one or more of the harmful effects set forth in § 8-1 hereof and that the finding is not based on personal preference as to taste or choice or architectural style.

 

§ 8-6. Approval of plans and specifications required.

[Amended 7-1-1982 by L.L. No. 6-1982]

In cases where the Administrator's review and approval is required hereby, the Administrator shall not issue a building permit until the Administrator has approved the plans and specifications for a building or alteration. The applicant for a building permit shall submit to the Administrator such plans and specifications as he may require for the purposes hereof.

§ 8-7. Certificate of occupancy.

[Amended 7-1-1982 by L.L. No. 6-1982]

The Administrator shall not issue a certificate of occupancy upon completion of the building or alteration unless he finds that such building or alteration is completed in conformance with the plans and specifications which he approved prior to issuing a building permit.

§ 8-8. Considerations in approving or disapproving plans and specifications.

[Amended 7-1-1982 by L.L. No. 6-1982]

In approving or disapproving plans and specifications for a building or alteration, the Administrator shall consider the purposes above stated to promote architectural beauty and harmony of building design, to prevent the monotony of residential housing in rows of buildings which are identical or unduly similar in design or location in relationship to streets and to prevent buildings from being improperly designed and located in relation to land contours, lot lines and street lines.

§ 8-9. Waiver of requirements.

[Amended 7-1-1982 by L.L. No. 6-1982]

The Planning Board and Administrator may waive or vary any requirements of this chapter where the layout of the neighborhood, lot pattern, topography, observation of natural features used and the siting of individual structures is such to avoid monotony of appearance despite similarity of buildings.

Chapter 11: ASSESSMENTS

[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Taxation —  See Ch. 277.

 

ARTICLE I Assessment Calendar [Adopted 10-3-1985 by L.L. No. 8-1985]

§ 11-1. Purpose.

The purpose of this article is to permit a notice concerning changes in the Town of Woodbury assessment calendar to be enclosed with the Town of Woodbury tax bill for the year 1986 pursuant to § 5 of the Real Property Tax Law.

§ 11-2. Authorization of notice; form.

The tax collecting office for the Town of Woodbury is hereby authorized to enclose with each property tax bill for the year 1986 sent to owners of real property in the Town of Woodbury, a notice concerning the assessment calendar in the same or substantially the same format as herein provided:

 

"Pursuant to recent State legislation, changes have been made in the real property tax assessment calendar for towns and cities in New York State.
 
A. The date by which applications for real property tax exemptions must be filed is now March 1.
B. The date for the completion of the tentative assessment roll is now May 1.
C. The date by which complaints concerning tentative assessments must be filed and the date the Board of Assessment Review will meet is the third Tuesday in May.
D. The date by which the final assessment roll must be filed is July 1.

 

"For more information concerning these and other changes in the assessment calendar, you may contact the Assessor of the Town of Woodbury, Route 32, Highland Mills, New York 10930."
 

 

 

Chapter 16: BEAUTIFICATION COMMISSION

[HISTORY: Adopted by the Town Board of the Town of Woodbury 4-7-1988 by L.L. No. 7-1988. Amendments noted where applicable.]

§ 16-1. Legislative intent.

The Town of Woodbury is one of the most beautiful municipalities in the State of New York. Within the town's borders are the Ramapo Mountains, Schunnemunk Mountains, West Point Reservation, Harriman State Park and other amenities which makes the town a most attractive place to live and to work. With the tremendous construction in the town of residential, commercial and industrial facilities, it is apparent to the Town Board that steps must be taken to preserve the pristine character of the town. Due to the many responsibilities that the Town Board has, it has become increasingly apparent that the Town Board should create a commission whose sole function is to advise the Town Board on ways of maintaining the beauty of the town.

§ 16-2. Establishment; membership.

There is hereby established the Town of Woodbury Beautification Commission consisting of not less than five nor more than 15 members, hereinafter referred to as the "Commission," whose members shall serve at the pleasure of the Town Board and, where vacancies exist, shall be filled by new appointments by the Town Board. Any person residing within the town who is interested in the beautification of the town shall be eligible. The members of the Commission shall serve without compensation.

§ 16-3. Designation of officers; procedures.

The Town Board shall designate a member of the Commission to act as Chairman thereof and, where necessary, designate a Deputy Chairman to act in the absence of the Chairman. The Commission shall designate one of their own members to act as Recording Secretary. The Commission shall adopt rules and procedures for its meeting, which shall be open to the public, and such Commission shall keep minutes, copies of which shall be filed with the Town Board within 30 days after the meeting. The Commission may employ a secretary if the Town Board shall appropriate funds for such purpose.

§ 16-4. Quorum.

The meeting of five or more members shall constitute a quorum of the Commission who may adopt resolutions by majority of those present and voting.

§ 16-5. Annual report.

The Commission shall submit an annual report to the Town Board in August of each year outlining its activities during the past year, including any programs instituted, objectives, goals and recommendations made to the Town Board, and any other items of business which the Town Board believes is necessary to be included in such report.

Chapter 20: BUILDINGS AND GROUNDS DEPARTMENT

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-2-1995 by L.L. No. 12-1995. Amendments noted where applicable.]

GENERAL REFERENCES
Park and Recreation Commission —  See Ch. 54.
Parks —  See Ch. 230.

§ 20-1. Findings; purpose.

A. The Town Board hereby finds that for many years there has been a problem of maintaining the town's buildings and grounds in that such buildings and grounds are either maintained by the Park and Recreation Commission, Highway Department or directly by the Town Board. The inefficiency of such operation has been emphasized to the Town Board on a number of occasions, and it especially becomes paramount during the budgetary process during the fall of each year. The Town Board believes that a more efficient maintenance of the buildings and grounds would be to establish a separate department whose sole responsibility was to maintain, including the repairing of, all buildings and grounds owned by the Town of Woodbury. While the Highway Department and the Water and Sewer Department would continue to maintain their own facilities, such a Buildings and Grounds Department would be responsible for all other town buildings and grounds within the Town of Woodbury.
B. The Board believes that by establishing such a department to be headed by an individual who would be subject to the direction of the Town Board a more efficient manner of maintaining and repairing the buildings and grounds, including all park and recreation buildings, would be achieved.

§ 20-2. Establishment of Department.

There is hereby established a Woodbury Buildings and Grounds Department whose responsibility shall be to maintain any and all buildings and grounds within the Town of Woodbury, including, without limitation, the parks and recreation facilities, libraries, Town Hall, Police Station and, where required by the Town Board, any and all other buildings within the town, including the office and garage complex maintained by the Water and Sewer Department.

§ 20-3. Buildings and Grounds Administrator.

The Buildings and Grounds Department shall be headed by an Administrator to be employed by the Town Board, who shall be subject to the Town Board's direction and who shall serve at the pleasure of the Town Board. The Administrator shall be responsible for the daily operation and maintenance of all town buildings and grounds, shall be responsible for establishing the annual budget for the maintenance of buildings and grounds and shall, with the consent of the Town Board, be responsible for all employees hired by the Town Board to fulfill and carry out the intention of this chapter.

§ 20-4. Monthly report.

The Administrator of the Buildings and Grounds Department shall file a monthly report with the Town Board as to the activities of the Department in repairing and maintaining all buildings within the town. Such a report shall be in a format to be established by the Town Board and the Administrator immediately after this chapter is adopted.

Chapter 23: BUSINESS AND INDUSTRIAL DEVELOPMENT COMMITTEE

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-18-1982 by L.L. No. 1-1982. Amendments noted where applicable.]

GENERAL REFERENCES
Zoning —  See Ch. 310.
Zoning Board of Appeals rules —  See Ch. A316.

§ 23-1. Establishment.

[Amended 10-4-1984 by L.L. No. 10-1984]

There is hereby established within the Town of Woodbury a Business and Industrial Development Committee consisting of unlimited members, hereinafter referred to as the "Committee," whose members shall serve at the pleasure of the Town Board and where vacancies exist shall be filled by new appointments by the Town Board.

§ 23-2. Purpose.

The purposes of the Business and Industrial Development Committee shall be to promote the economic prosperity of the Town of Woodbury and the planning and growth of its business and industrial zones.

§ 23-3. Responsibilities.

The Business and Industrial Development Committee shall:
A. Develop a plan for the physical growth and improvement of the business and industrial zones of the town.
B. Formulate voluntary standards for the maintenance and appearance of structures and property located within the business and industrial zones of the town.
C. Develop and conduct a program to attract businesses, industries, professions or research facilities to the town.
D. Formulate a plan for financing the recommendations developed hereunder by the Committee.

 

§ 23-4. Qualifications of members.

Each member shall be chosen with a special view to his qualifications and fitness for service on the Committee. In general and whenever possible, members shall be appointed on the basis of their experience in business or industry, and their vocational backgrounds shall be such as to render them particularly suitable for planning the development of available land resources for commercial or industrial purposes.

§ 23-5. Compensation.

The members and officers of the Committee shall serve without compensation.

§ 23-6. Officers.

The members of the Committee shall choose annually from among its members a Chairman and such other officers as it may deem necessary. The Supervisor and one member of the Town Board, appointed annually by the Town Board, shall be ex officio members of the Committee without voting privileges.

§ 23-7. Quorum.

A majority of the members shall constitute a quorum of the Committee.

§ 23-8. Powers and duties.

To effectuate its purposes, the Committee shall have the following powers and duties:
A. Make and cause to be made an exhaustive study of available commercial and industrial sites and to give wide publicity to the advantages thereof so that the early improvement, development and productive use thereof shall be accomplished.
B. Provide for and encourage the development and expansion of local trade and industry.
C. Promote the location of new business and industry and the expansion of now existing business and industry.
D. Maintain a study of local business and industrial conditions, collecting data and disseminating information for existing business and industrial use and for the promotion of new business and industry.
E. Publicize the business conveniences as to the location of the town, its rail, water and highway conveniences, its economic advantages and other pertinent factors which make the town a desirable location for business and industry.
F. Collect information and compile and distribute material dealing with business and industry and the advantages and attractions of the town for business and industry.
G. Compile information concerning the availability of county, state and federal funds and grants-in-aid.
H. Collect and distribute information and publicize the historic and scenic places and points of interest in the local area and cooperate with local organizations and businesses, industrial and commercial, and also civic, fraternal and other associations cooperating in planning for business and industry meetings and publicizing the business, industrial and commercial advantages of the town.
I. Provide necessary liaison between the Supervisor, Town Board, Planning Board and Board of Appeals as to the progress in attracting new business and industrial facilities to the town.

 

§ 23-9. Semiannual report.

The Committee shall make semiannual reports to the Town Board setting forth in detail its operations, transactions and accomplishments for the preceding six months.

Chapter 24: BUSINESS IMPROVEMENT DISTRICTS

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-15-2001 by L.L. No. 2-2001. Amendments noted where applicable.]

§ 24-1. Applicability of state law.

The provisions of Article 19-A of the General Municipal Law are hereby made applicable to the establishment or extension of business improvement districts within the Town of Woodbury.

§ 24-2. Purpose.

The Town Board is hereby authorized to establish a business improvement district solely for the purpose of providing additional security services for the property encompassed by and commonly known as "Woodbury Commons."

§ 24-3. Woodbury Common Premium Outlet Mall Business Improvement District.

[Added 11-5-2001 by L.L. No. 4-2001]

Pursuant to the General Municipal Law § 980-f(c), there is hereby established a business improvement district to encompass property known as "Woodbury Common Premium Outlet Mall" in the Town of Woodbury as more particularly described in a resolution adopted by the Town Board on September 20, 2001, the purpose of which is to provide police services for the property encompassed by and commonly known as "Woodbury Common."

Chapter 27: COURT

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-16-1967. Amendments noted where applicable.]

§ 27-1. Jury fees.

The fees of jurors in Justice Court of the Town of Woodbury in both civil and special sessions trials shall be as follows:
A. Attendance as member of jury panel for each session of Court: $1.
B. Serving as juror for each day of trial: an additional fee of $2.
C. Mileage: taxi or bus fares actually expended in travel to and from Court by a panel member or juror shall be reimbursed.

 

§ 27-2. Payment of Justices; receipts; reimbursement.

The Justices be and they hereby are authorized to pay in cash jury fees and mileage as above provided, to require receipts from jurors and panel members for such payments and to be reimbursed for such payments by the Town Clerk upon presentation of vouchers showing such payments.

§ 27-3. Fees to be a charge upon the town.

Fees and mileage of jurors and panel members over and above the fee of $6 payable by the party demanding a jury as provided in § 1911 of the Justice Court Act shall be a charge upon the town.

Chapter 31: DEFENSE AND INDEMNIFICATION

[HISTORY: Adopted by the Town Board of the Town of Woodbury 1-18-1996. Amendments noted where applicable.]

§ 31-1. Legislative intent.

The purpose of this chapter is to provide legal and financial protection for those individuals serving the Town of Woodbury from losses which may be brought against them in their individual capacity for actions taken while in the performance of their official duties and responsibilities. In enacting this chapter, the Town Board finds that the State of New York has enacted similar provisions for the legal and financial security of its officers and employees and further finds that such security is also required for local personnel. By enactment of this chapter, the Town Board does not intend to limit or otherwise abrogate any existing right or responsibility of the town or its employees with regard to indemnification or legal defense. It is solely the intent of this chapter to provide similar coverage for local employees as is presently provided for state employees so as to continue to attract qualified individuals to local government service.

§ 31-2. 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 of Woodbury, whether or not compensated, or a volunteer expressly authorized to participate in a town-sponsored volunteer program, but shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative and shall also include any member of the Town of Woodbury Park and Recreation Commission appointed thereto by the Town Board.

 

§ 31-3. Defense of employees.

A. Upon compliance by the employee with the provisions of § 31-5 of this chapter, the Town Board 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 within the scope of their public employment or duties or which is brought to enforce a provision of Title 42 of the United States Code. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Town of Woodbury.
B. Subject to the conditions set forth in Subsection A of this section, the employee shall be entitled to be represented by the Attorney for the town; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Attorney for the town and Town Board determine, based upon their investigation and review of the facts and circumstances of the case, that representation by the Attorney for the town would be inappropriate or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Town Board shall notify the employee, in writing, of such determination that the employee is entitled to be represented by private counsel of his choice. The Town Board may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee group or group of employees is entitled to representation by private counsel under the provisions of this section, the Attorney for the town shall so certify to the Town Board. Reasonable attorneys' fees and litigation expenses shall be paid by the Town Board to such private counsel from time to time during the pendency of the civil action or proceeding subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Town Board. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of special proceeding.
C. Where the employee delivers process and a request for a defense to the Town Board as required by § 31-5 of this chapter, the Town Board shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B of this section, on behalf of the employee to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.

§ 31-4. Indemnification of employees.

A. The Town Board shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of their public employment or duties. The duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.
B. The determination of any issue of whether or not an employee was acting within the scope of their public employment or duties at the time of the act or omission that gave rise to the claim shall be made by the Town Board. Such a determination, if adverse to the employee, may be reviewed by a court of competent jurisdiction in the manner prescribed by law.
C. An employee represented by private counsel shall cause to be submitted to the Town Board any proposed settlement which may be subject to indemnification by the Town Board, and, if not inconsistent with the provisions of this section, the Town Board shall certify such settlement and submit such settlement and certification to the Attorney for the town. The Attorney for the town shall review such proposed settlement as to form and amount and shall give his approval if, in his judgment, the settlement is in the best interest of the town. Nothing in this subsection shall be construed to authorize the Town Board to indemnify or save harmless an employee with respect to a settlement not so reviewed and approved by the Attorney for the town.
D. Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall cause to be served a copy of such judgment or settlement, personally or by certified or registered mail within 30 days of the date of entry or settlement, upon the Supervisor or the Town Board; and if not inconsistent with the provisions of this section, such judgment or settlement shall be certified for payment by the Town Board.

§ 31-5. Contingencies for employees.

The duty to defend or indemnify and save harmless provided by this chapter shall be conditioned upon delivery to the Town Clerk at their office, by the employee, of the original or a copy of any summons, complaint, process, notice, demand or pleading within five days after they are served such document; and the full cooperation of the employee in the defense of such action or proceeding and in defense of any action or proceeding against the state 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 Board provide for their defense pursuant to this chapter.

§ 31-6. Application of benefits.

The benefits of this chapter shall 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 provision of the Workers' Compensation Law.

§ 31-7. Effect on insurers.

The provisions of this chapter shall not be construed to impair, alter, limit or modify the rights and obligations of any insurers under any policy of insurance.

§ 31-8. Application of provisions.

The provisions of this chapter shall apply to all actions and proceedings pending upon the effective date hereof or thereafter instituted.

§ 31-9. Effect on immunities.

Except 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 and/or indemnification 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.

Chapter 36: ENVIRONMENTAL CONSERVATION COMMISSION

[HISTORY: Adopted by the Town Board of the Town of Woodbury 9-16-1971. Amendments noted where applicable.]

GENERAL REFERENCES
Environmental quality review —  See Ch. 135.
Flood hazard areas —  See Ch. 161.

§ 36-1. Commission created.

A Commission is hereby created which shall be known as the "Commission for the Conservation of the Environment," hereafter called the "Commission."

§ 36-2. Membership; eligibility; compensation.

The Commission shall consist of not less than five nor more than nine members, who shall be appointed by the Town Board and shall serve at the pleasure of the Town Board. Any person residing within the town who is interested in the improvement and preservation of the environment shall be eligible. The Supervisor, the Chairman of the Planning Board and the Chairman of the Park and Recreation Commission shall be ex officio members of the Commission. The members of the Commission shall serve without compensation.

§ 36-3. Chairman and Deputy Chairman; general procedure.

The Town Board shall designate a member of the Commission to act as Chairman thereof and another member as Deputy Chairman to act in the absence of the Chairman. The Commission shall adopt rules and procedures for its meetings, which may be either public or private, and shall keep such minutes as it may find desirable, but it shall not be required to keep any minutes. The Commission may employ a secretary if the Town Board shall appropriate funds for such purpose.

§ 36-4. Duties.

The Commission shall advise the Town Board on matters affecting the preservation, development and use of the environment in the Town of Woodbury and shall perform such other duties in regard thereto as may be assigned to the Commission by resolution from time to time by the Town Board.

§ 36-5. Annual report.

The Commission shall submit an annual report to the Town Board in October of each year.

Chapter 39: ETHICS, CODE OF

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-28-2005 by L.L. No. 12-2005. Editor's Note: This local law also repealed former Ch. 39, Code of Ethics, adopted 7-16-1970, as amended. Amendments noted where applicable.]

GENERAL REFERENCES
Administrative board requirements —  See Ch. 3.
Defense and indemnification —  See Ch. 31.

§ 39-1. Legislative intent.

The Town Board of the Town of Woodbury 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. The proper operation of the Town government requires that its officers and employees be independent, impartial, objective, unbiased and responsible to the people of the Town of Woodbury; that public office not be used for personal gain; that public officers and employees maintain the highest standards of integrity and discharge faithfully the duties of their office, regardless of personal considerations; and that the public have confidence in the officers and employees thereof. It is the purpose of this chapter to implement these objectives through the establishment of standards of conduct to provide for punishment of violations of such standards and to create an Ethics Committee to render advisory opinions to the Town's officers and employees as provided for herein.

§ 39-2. Applicability of other laws.

The standards, prohibitive acts and procedures established herein are in addition to any prohibitive acts, conflicts of interest provisions or procedures prescribed by statute of the State of New York and also in addition to common law rules and judicial decisions relating to the conduct of Town officers to the extent that the same are more severe in their application than this chapter.

§ 39-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
  BOARD MEMBER or TOWN EMPLOYEE — Any elected or appointed official, including but not limited to Planning Board, Zoning Board of Appeals, Parks Commission and any and all committees or any employee of the Town, whether paid or not, including members of any administrative advisory board, commission or other agency thereof. For the purpose of this chapter, no person shall be deemed a Town officer or employee solely by reason of being a volunteer fireman or civil defense volunteer or being employed by the Town as a result of a contractual agreement.
  IMMEDIATE FAMILY MEMBER — A spouse, minor child, stepchildren, mother, father, brothers, sisters, grandparents, grandchildren, in-laws or other dependents or relatives residing in the household of a Town officer or employee.
  INTEREST — Any claim, account or demand against or in agreement with the Town, express or implied, including designation of a depository of public funds and the designation of an official newspaper, and direct or indirect pecuniary or material benefit accruing to an officer or employee as a result of a business or professional transaction with the Town. For the purposes of this chapter, an officer or employee shall be deemed to have a direct interest in the affairs of:
A. His/Her spouse, minor child, stepchildren, mother, father, brothers, sisters, grandparents, grandchildren, in-laws and other dependents or relatives.
B. A business concern, partnership or association of which such officer or employee is a member, partner, owner, director or employee.
C. A corporation of which such officer or employee is an officer, director or employee.
D. A corporation, any stock of which is owned or controlled, directly or indirectly, by such officer or employee.

 
  RELATIVES — Any spouse, child, grandchild, parent, grandparent, sibling, in-law, aunt, uncle, first cousin, niece, nephew, stepparent, stepchild, half-brother or half-sister.
  TOWN — The Town of Woodbury or any of its boards, commissions, committees or agencies, whether operated or funded solely by the Town of Woodbury or jointly with one or more other municipalities.
  TOWN CONSULTANT — Any individual, group or firm which renders services on behalf of the Town to any Town officer, Town Board, Planning Board, Zoning Board of Appeals or any other Town agency or commission.
  TOWN OFFICIAL — Any elected officials of the Town of Woodbury.

 

§ 39-4. Prohibited activities.

A. Employment.
(1) No board member, Town employee or Town consultant shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity or incur any obligation of any nature, which is in conflict with or might reasonably tend to conflict with the proper discharge of his duties in the public interest.
(2) No board member, Town employee or Town consultant shall accept other employment which will impair his independence of judgment in the exercise of his official Town duties.
(3) No board member, Town employee or Town consultant shall 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.
B. Disclosure of confidential information.
(1) No board member, Town employee or Town consultant shall disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interests or the private interests of others.
(2) No board member, Town employee or Town consultant shall accept employment or engage in a business or professional activity which will require him to disclose confidential information gained by reason of his official position or authority.
C. Misuse of authority. No board member, Town employee or Town consultant shall use or attempt to use his official position to secure unwarranted privileges or exemptions for himself or others.
D. Misuse of privilege. No board member, Town employee or Town consultant shall by his conduct give reasonable basis for the impression that another can improperly influence him or unduly enjoy his favor in the performance of his official duties or that he is affected by kinship, rank, position or influence of any party or person.
E. Compensation. No board member, Town employee or Town consultant shall receive compensation or enter into any agreement to receive compensation, express or implied, with respect to any matter which is, was or will be before the Town for determination in the official capacity of any board member, Town employee or Town consultant of the Town of Woodbury.
F. Gifts. During a single calendar year, no board member, Town employee or Town consultant shall solicit, directly or indirectly, receive or accept any gift or gifts having a total aggregate value of $50, or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or in any other form, from any one person, partnership, corporation or any entity which has a business relationship with the Town of Woodbury. Gifts of money or any form of money (money orders, checks, stocks, bonds, etc.) are not permitted at all in any amount.
G. Investments.
(1) No board member, Town employee or Town consultant of the Town of Woodbury shall 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.
(2) No board member, Town employee or Town consultant shall engage in any enterprises which he has reason to believe may be directly involved in decisions to be made or advice to be given by him or which will otherwise create substantial conflict between his duty and the public interest and his private interest.
H. Future employment.
(1) No board member, Town employee or Town consultant shall, within 12 months after the termination of his service, appear as part of his/her employment before any board, agency or commission of the Town of Woodbury or conduct any official Town business, transactions or professional activity with any board member, Town employee or Town consultant where special advantages by virtue of prior contact and relationship with the Town may be realized.
(2) No board member, Town employee or Town consultant shall appear before any board, agency or commission of the Town of Woodbury in relation to any case, proceeding or application in which he was directly concerned and personally participated or which was under his active consideration during the period of his service or employment.
I. Discrimination. No board member, Town employee or Town consultant of the Town or of any service or other organization chartered by or directly or indirectly sponsored or supported by the Town shall:
(1) Discriminate or cause involuntary segregation, directly or indirectly, based upon creed, color, national origin, sex or disability or allow the preceding to be factors affecting the recruitment, selection, placement, assignment, compensation or promotion of any Town officer, Town Board member, Planning Board member, Zoning Board of Appeals member, Town employee or member of such service or other organization.
(2) Permit, directly or indirectly, the use of any Town property, equipment or services by any person or persons, organizations, corporations or any other group which directly or indirectly discriminates as set forth in Subsection I(1) above.
(3) Allow the Town knowingly to have any financial or business dealings with any organization which discriminates as set forth in Subsection I(1) above.
J. Nepotism.
(1) Policy. Employees' relatives will not be employed by the Town on a full-time basis under any of the following circumstances:
(a) Where one of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other;
(b) Where one party would be responsible for auditing the work of the other;
(c) Where both parties would report to the same immediate supervisor. Every other option, including reassignment within the Town workforce, would be considered in good faith before layoff;
(d) Where other circumstances might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the Town; or
(e) Where one of the parties is an elected official, except when the family member is currently employed by the Town prior to the elected official obtaining office or if the family member is currently employed by the Town and becomes a family member of an official.
(2) Any employee currently employed prior to the adoption of this chapter shall be exempt.
K. Representation by consultant. No Town consultant shall appear on behalf of private interests before any board, commission or agency of the Town of Woodbury while actively employed by the Town; nor shall a Town consultant, after being no longer retained by the Town, represent the interest of any person or entity before any Town board, commission or agency if the matter was pending when the consultant's retention by the Town ended.
L. Political activity. No board member, Town employee or Town consultant shall use his official position on behalf of any political party, club, association, society or committee. This provision shall not be interpreted or construed as precluding any board member, Town employee or Town consultant from being involved in the political affairs of the Town of Woodbury as a private citizen, nor shall it exempt any board member, Town employee or Town consultant from any federal, state or local rules, regulations, codes of conduct or other restrictions imposed by this chapter. No board member shall hold the office of Chairman in any political party or be employed as a lobbyist. No more than two members of the Ethics Committee may be enrolled or registered members of the same political party. No Ethics Committee member shall hold the office of Chairman in any political party or be employed as a lobbyist. An Ethics Committee member may contribute money to but not otherwise participate in any Town election campaign.

§ 39-5. Disclosure of interest.

A. All elected and appointed officers, board members, department heads and all Town consultants are required, within 30 days of taking office or within 30 days of the effective date of this chapter, to file a disclosure statement, in writing, to the Supervisor's office, disclosing all land holding in the unincorporated area of the Town of Woodbury and all land holdings in the incorporated area of any village within the Town of Woodbury, whether held personally, by a spouse, by a dependent, jointly with a spouse or dependent, or immediate family members, jointly in partnership with others, as a partnership, limited partnership, corporation, trust or any other similar entity the name of any partnership, corporation or trust of which he or his spouse or dependent is an officer, director or employee or which he or a spouse or a dependent, legally or beneficially, owns or controls more than 5% of the outstanding stock or interest, and his position, and his spouse or dependent's position, if any, with the partnership, corporation or trust. In addition, anyone who holds license as either a real estate broker or real estate salesperson will disclose that fact and the name of the real estate concern that they are affiliated with and the location of their office.
B. In the event that a change occurs with respect to any of the information required on the aforesaid disclosure statement, the party required to file such a statement shall file an amended statement reflecting any such change in circumstances within 15 days from the date thereof. Failure to file the required disclosure statement in a timely fashion shall be deemed a violation of this chapter.

§ 39-6. Disclosure of conflict of interest.

If any board member, Town employee or Town consultant has a potential or actual conflict of interest in any matter which he encounters in the performance of his official Town duties, he shall make known to all concerned parties the nature of such conflict, within 10 days, and shall refrain immediately from any participation whatsoever in the matter so as to avoid true conflict. In all cases of potential or actual conflict, the Town Board shall be made aware of the situation by the person in conflict along with any other concerned parties, including the Town of Woodbury Ethics Committee. Said conflict should be made known to the proper parties in writing.

§ 39-7. Ethics Committee established.

A. There is hereby established an Ethics Committee consisting of five members, one of whom may be a Town officer or employee and a majority of whom shall be persons other than Town officers or employees. All members shall reside in the Town of Woodbury and shall serve without compensation but shall be reimbursed for reasonable and necessary expenses. These should be cleared with the Town Board before expenses are incurred. The Town will establish a budget to cover office supplies and legal expenses.
B. All members of the Ethics Board shall be appointed by the Town Board for a term of five years, each term to expire at the end of the Town's official year; except that of those first appointed, one shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year.
C. Background check. Any applicant for a position on the Ethics Committee will sign an affidavit attesting to the fact that he/she has not been convicted of any crime. An application for a position on the Ethics Committee will also sign a release allowing the Town Board to conduct a "FICO" credential investigation solely for the purpose of ascertaining the applicant's credit score.
D. The Town Attorney may, with Town Board approval, provide such legal and advisory services to the Ethics Committee as it may require in the performance of its duties.
E. At its first meeting each year, which shall be a public meeting, the Town Ethics Committee shall elect a Chairman from among its membership. A vote of at least three members shall be required for the Board to take any recommendation. The Board shall meet at least twice a year and at such times as it may otherwise be necessary. The Chairman or any three members may call a meeting of the Board, which shall be properly noticed unless it is a closed session for inquiry or covered by Open Meetings Law criteria.

§ 39-8. Duties of Ethics Committee.

A. The Ethics Committee shall have the following powers and duties:
(1) To possess the right to prescribe and promulgate rules for its procedures of operation in a manner consistent with this code.
(2) To render advisory opinions, upon written request, to any board, department, board member, Town employee or Town consultant with respect to the interpretation or application of any provisions of this code. Opinions and requests for opinions shall be public record and shall be indexed and maintained on file in an appropriate manner by the Ethics Committee in Town Hall with a copy to the Records Management Officer. Such opinions shall be rendered only upon written request by the officer, employee or appointed official concerning only the subject of the inquiry as it pertains to the requesting individual's own filing requirements. Such opinions shall not be made public or disclosed unless required by the Freedom of Information Law (Public Officers Law Article 6) or required for use in a disciplinary proceeding or proceeding under § 39-10 involving the officer, employee or appointed official who required the advisory opinion.
(3) To review disclosure statements pursuant to § 39-5, Disclosure of interest, of this code. Upon receipt of the disclosure forms, determine if all those who are required to have, in fact, filed these forms. The Ethics Committee should also review all forms and determine if they are complete, if further information is needed and if any conflicts exist. Such statements shall be filed and maintained in Town Hall. Public access to these documents shall be made upon application and for a legitimate reason as noted in § 39-5.
(4) To prepare an annual report to the Town Board, summarizing the activities of the Ethics Committee, and recommend changes to this code, as necessary.
(5) To conduct inquiries and recommend appropriate sanctions of alleged violations of this code upon written notification of such alleged violation to the Town Board of the Town of Woodbury. A licensed attorney shall be present to assist the Ethics Committee in this role.
(6) To refer any matter within its jurisdiction to the County or State Ethics Board, as may be appropriate.
B. The members of the Ethics Committee shall not receive compensation for the performance of their official duties, but shall be reimbursed for reasonable and necessary expenses.

§ 39-9. Removal of Ethics Committee members.

In addition to the penalties defined specifically for violation of Woodbury's Ethics Law, and other pertinent sections of local, state and federal law, members of the Ethics Committee may be removed for cause by a two-thirds vote of the Town Board. Prior to removal, the Ethics Committee member shall be given written notice of the grounds for removal and an opportunity to demand and receive a hearing before the Town Board.

§ 39-10. Penalties for offenses.

In addition to any penalty contained in any other provision of law, any board member, Town officer or Town consultant who shall knowingly and intentionally violate any of the provisions of this code may be fined, reprimanded, suspended or removed from office or employment in the manner provided by law.

§ 39-11. Distribution of copies.

The Supervisor's office shall cause a copy of Article 18 of the General Municipal Law and this Code of Ethics to be distributed to every board member, Town employee and Town consultant within 15 days of the effective date of this chapter. In addition, every such board member, Town employee or Town consultant shall receive a copy of the same upon being engaged in or taking office in the Town of Woodbury. Failure to distribute any such copy or failure of any board member, Town employee and Town consultant to receive such copy shall have no effect on the duty of compliance with this code or the enforcement of provisions thereof. The Town Supervisor shall further cause a copy of this chapter to be kept posted conspicuously in each public building under the jurisdiction of the Town. Failure to so post this chapter shall have no effect on the duty of compliance herewith or the enforcement of provisions hereof. A copy of this chapter shall be included in the Town's Employee Manual.

§ 39-12. Filing with Temporary State Commission on Local Government Ethics.

Within 30 days of the adoption of this chapter, the Town Clerk shall file a copy thereof with the Temporary State Commission on Local Government Ethics as established pursuant to § 813 of the General Municipal Law.

§ 39-13. Appropriation authorized.

The Town Board may appropriate moneys from the general Town funds for the maintenance of and personal services to the Ethics Committee established hereunder, but such Ethics Committee may not commit the expenditure of Town moneys except within the appropriations provided herein.

§ 39-14. Severability.

If any clause, sentence, paragraph, word or section or part of this Town Code of Ethics shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Chapter 48: MUTUAL AID

[HISTORY: Adopted by the Town Board of the Town of Woodbury 6-19-2003 by L.L. No. 4-2003. Amendments noted where applicable.]

GENERAL REFERENCES
Police Advisory Committee —  See Ch. 60.

§ 48-1. Findings.

The Town Board of the Town of Woodbury finds that the necessity exists to delegate to the Chief of Police and/or the Town Supervisor or Deputy Town Supervisor certain responsibilities with respect to emergency or civil disturbance control situations.

§ 48-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
  CHIEF OF POLICE — Includes any Town of Woodbury police officer in command of the Police Department of the Town of Woodbury during the absence, illness or disability of the Chief of Police who is otherwise authorized to exercise the powers of the Chief of Police in emergency situations.

 

§ 48-3. Statutory authority.

This chapter is enacted under the provisions of NYS General Municipal Law, § 209-m.

§ 48-4. Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public danger due to emergency or civil disturbance control situations.

§ 48-5. Power to request or grant assistance; notification.

A. The Town of Woodbury hereby delegates to the Chief of Police, Town Supervisor or Deputy Town Supervisor of the Town of Woodbury the powers to request or grant police assistance, whenever deemed necessary that the public interest requires it; and may detail, assign and make available for duty and use to the local government for which the request is made any part of the forces, equipment and supplies of the Town of Woodbury Police Department.
B. If the Chief of Police, as defined herein, acts pursuant to these powers, he will notify the Town Supervisor or Deputy Town Supervisor as soon as reasonably practicable.

§ 48-6. Liability for damages.

The local government receiving police aid pursuant to this section shall, pursuant to NYS General Municipal Law § 209-m, assume the liability for all damage arising out of any act performed in rendering such aid and shall reimburse the Town of Woodbury for any moneys paid by it for salaries or for other expenses incurred by the Town of Woodbury, including damage to or loss of equipment and supplies. Notwithstanding the foregoing, the Town of Woodbury may assume such loss, damage, expenses or cost for such equipment and supplies and salaries and donate such services to the receiving local government at the sole option of the Town Board of the Town of Woodbury. While engaged in duty and rendering services in such other local jurisdiction, the officers and members of the Town of Woodbury Police Department shall have the same powers, duties, rights, benefits, privileges and immunities as if they were performing their duties in the Town of Woodbury.

Chapter 50: OFFICERS AND EMPLOYEES

[HISTORY: Adopted by the Town Board of the Town of Woodbury as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES
Defense and indemnification —  See Ch. 31.
Code of Ethics —  See Ch. 39.

 

ARTICLE I Deputy Clerk [Adopted 12-7-2000 by L.L. No. 15-2000]

§ 50-1. Employment; compensation.

The Town Law § 27, entitled "Compensation of Officers and Employees," is hereby amended to permit the employment of a Deputy Town Clerk who may act for and in place of the Town Clerk and will be paid an hourly compensation to be determined by the Town Board.

Chapter 51: HEALTH INSURANCE

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-4-2003 by L.L. No. 6-2003. Amendments noted where applicable.]

§ 51-1. Purpose.

The Town Board finds that some of its eligible employees who could otherwise receive health insurance coverage through the Town's group health insurance provider for themselves and/or their families may already have health insurance coverage available to them from another source. In cases such as this, the Town Board finds that it is an unnecessary expense for the Town of Woodbury to provide such an employee health insurance coverage where an otherwise eligible employee of the Town already has sufficient health insurance coverage available from another source. It is therefore the intent of this chapter to authorize Town employees who already have health insurance coverage available to them to elect cash payments in lieu of the Town providing health insurance coverage for them and/or their families as set forth more fully below.

§ 51-2. Authority.

This chapter is authorized by the New York State Constitution, Article IX, § 2, the provisions of the New York Municipal Home Rule Law and the provisions of the Statute of Local Governments.

§ 51-3. Procedures regarding employee election.

A. Subject to the conditions listed below, eligible employees of the Town of Woodbury who have alternative health insurance coverage available to them from other sources may elect to receive cash payments in lieu of receiving health insurance benefits from the Town of Woodbury's health insurance provider. Those employees appointed, officials elected or nonunion employees hired as of January 1, 2004, will not be eligible to receive cash payments in lieu of receiving health insurance benefits from the Town of Woodbury. [Amended 12-16-2004 by L.L. No. 7-2004; 2-17-2005 by L.L. No. 24-2005]
B. The amount of any cash payment will be established from time to time by resolution of the Town Board. The amount of such cash payment will never exceed the Town of Woodbury's actual cost of providing an eligible employee health insurance coverage through the Town's health insurance provider.
C. Should an otherwise eligible employee who has elected this option subsequently desire to join the Town's health insurance plan or be reinstated in said plan, such employee must notify the Town Supervisor or his or her designee in writing of the request to join or be reinstated, together with the reasons therefor. The Town shall then promptly transmit such request to the Town's health insurance provider. The otherwise eligible employee will then be enrolled or reinstated upon confirmation from the health insurance provider of the Town that such enrollment or reinstatement of coverage has become effective. At the time of entry or reinstatement to the Town's plan, the employee shall be subject to the same cost sharing, if any, of said health insurance coverage in effect for other eligible Town employees based on their date of initial employment with the Town of Woodbury or as same may be modified for all other eligible employees in the future.
D. No Town of Woodbury appointed employee, elected official or nonunion employee will be entitled to a cash payment in lieu of receiving health insurance benefits upon dropping down from family coverage to single coverage. [Added 12-16-2004 by L.L. No. 7-2004]

Chapter 54: PARK AND RECREATION COMMISSION

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-21-1946. Amendments noted where applicable.]

GENERAL REFERENCES
Parks —  See Ch. 230.

§ 54-1. Commission established; powers.

[Amended 11-2-1995 by L.L. No. 12-1995]

The power to equip and operate playgrounds and recreation centers shall be exercised by a Park and Recreation Commission Editor's Note: A resolution adopted 8-17-1972 changed the name of the Town of Woodbury Recreation Commission to the Town of Woodbury Park and Recreation Commission. hereby established in and for the Town of Woodbury, which Commission shall possess all of the powers and be subject to all of the responsibilities of the Town Board under the provisions of Article 13 of the General Municipal Law in respect to the same.

§ 54-2. Membership; terms.

[Amended 6-16-1977; 9-3-1981 by L.L. No. 9-1981]
A. Such Commission shall consist of seven persons, residents of the Town of Woodbury.
B. The original members of the Commission shall be appointed to serve for the following terms: one for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years. Thereafter, appointments shall be made for five-year terms. When the membership of the Commission is increased from five to seven members, the new members shall be appointed to serve for a term of years which shall total in number the increased membership of the Commission. One of the new members shall be appointed to serve for a term of six years and the other for a term of seven years, and thereafter, upon the expiration of the term of each member, his reappointment, or the appointment of his successor, shall be for the term of seven years.

Chapter 57: PLANNING BOARD

[HISTORY: Adopted by the Town Board of the Town of Woodbury 12-10-1965; amended in its entirety 6-16-1977. Subsequent amendments noted where applicable.]

GENERAL REFERENCES
Subdivision of land —  See Ch. 272.

§ 57-1. Power to approve subdivision plats.

The Woodbury Planning Board is authorized and empowered as to that part of the Town of Woodbury which lies outside the limits of the Village of Harriman to approve plats of subdivisions as now defined in § 272-28 of the Subdivision Regulations Editor's Note: See Ch. 272, Subdivision of Land, Part 2, Subdivision Regulations. of the Town of Woodbury.

§ 57-2. Membership.

[Added 2-12-1996 by L.L. No. 2-1996]

The membership of the Woodbury Planning Board is hereby decreased from seven members to five members to take effect upon the next two expirations of terms. Henceforth, the Woodbury Planning Board shall consist of five members to be appointed by the Town Board pursuant to § 271 of the Town Law.

Chapter 60: POLICE ADVISORY COMMITTEE

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-5-1981 by L.L. No. 3-1981. Amendments noted where applicable.]

§ 60-1. Establishment; composition.

There is hereby established a Police Advisory Committee consisting of five members to be appointed by the Town Board, which members shall serve at the pleasure of the Town Board, and, where vacancies exist, they shall be filled by new appointments by the Town Board.

§ 60-2. Designation.

The Committee hereby formed shall be known and designated as the "Police Advisory Committee."

§ 60-3. Purpose.

The Police Advisory Committee is established for the purpose of advising the Town Board on all matters relating to the Woodbury Police Department, including policy decisions, working conditions and all other matters on which the Town Board requests advice.

§ 60-4. Compensation; expenses.

The members of the Police Advisory Committee shall not be paid any salary for being members of the Committee, and any expenses incurred by the Committee shall be reimbursed by the Town Board from the general fund.

Chapter 62: PUBLICATION OF LEGISLATION

[HISTORY: Adopted by the Town Board of the Town of Woodbury 11-16-1972 by L.L. No. 1-1972. Amendments noted where applicable.]

§ 62-1. Legislative intent.

It is the intent of this chapter to permit the publication of a synopsis of a proposed or enacted ordinance or local law in lieu of the entire text of the ordinance or local law.

§ 62-2. Findings.

The Town Board finds that the cost for publication in the official town newspaper pursuant to Town Law has increased over the years to the point where the cost is prohibitive. Various amendments to the Zoning Ordinance Editor's Note: See Ch. 310, Zoning. have been made which required the expenditure of several hundred dollars. It is contemplated that in the near future amendments will be made to the Zoning Ordinance which might run many pages and thereby require the expenditure of considerable money for the publication in the official town newspaper. Therefore, the Town Board desires to enact legislation which will permit the publication of proposed or enacted ordinances or local laws by publishing merely a synopsis of proposed or enacted ordinances or local laws.

§ 62-3. Public hearing on proposed legislation; notice.

No local law or ordinance shall be adopted by the Town Board of the Town of Woodbury until a public hearing has been held thereon in its final form, pursuant to the requirements of the Town Law requiring public notice as to the time and place of the holding of a public hearing concerning the adoption of said proposed ordinance or local law. Such notice shall be given by the Town Clerk by causing the same to be published once in the official town newspaper. Such notice shall contain the title of the proposed or enacted ordinance or local law and a brief explanatory statement thereof.

§ 62-4. Publication in official town newspaper.

The Town Clerk shall forthwith upon adoption of an ordinance or local law by the Town Board cause the adopted ordinance or local law, or an abstract thereof describing the same in general terms, to be published in the official newspaper of the town.

Chapter 69: TOWN VEHICLES, USE OF

[HISTORY: Adopted by the Town Board of the Town of Woodbury 2-25-1988 by L.L. No. 5-1988. Amendments noted where applicable.]

§ 69-1. Legislative intent.

The Town Board occasionally is confronted by a situation whereby an employee is required to use a town vehicle for personal use. The Town Board wishes to adopt a chapter that will permit the Town Board, in its discretion, as part of an employee's compensation, to authorize the use of a town vehicle for that employee's personal use.

§ 69-2. Use by employees.

A. Where, in the judgment of the Town Board, an employee requires the personal use of a town vehicle in order to perform employment, the Town Board may, in negotiating an employee's compensation, provide for the use of a town vehicle. If the Town Board makes such a decision authorizing the use of a town vehicle by an employee, then the Town Board shall make a determination at that time as to the value of the use of the town vehicle by such employee and, in calculating the employee's yearly salary, shall consider such value as part of the employee's annual income.
B. The Town Board further determines that if an employee is authorized to use a town vehicle for his personal use, then the value that is placed on the vehicle for income purposes shall not be considered in the ultimate calculation of the individual employee's retirement.

§ 69-3. Use for town business.

Notwithstanding the within provision of this chapter, it is understood and agreed that all vehicles used by town employees during the course of their employment shall not be considered as part of their compensation nor as fringe benefits.